Common use of Formal Action Clause in Contracts

Formal Action. 42.3.1 If the Director, HR decides to proceed with formal action, they will: a) notify the employee in writing, setting out the allegation(s). b) include sufficient detail to enable the employee to understand the nature of the allegation(s), and to properly consider and respond to them including any relevant documents. c) inform the employee that they are entitled, within 10 working days of receiving a copy of the allegation(s), to submit a written response to the Director, HR. 42.3.2 Notification in writing will be deemed to have been served if sent by registered mail to the last known home address of the employee. 42.3.3 Depending on the nature of the allegation(s), the Director, HR (or delegated authority) may, without prejudice, determine that it is appropriate to suspend the employee with pay while an investigation is being conducted. 42.3.4 If the employee admits the allegation(s) in full and the Director, HR is of the opinion that the behaviour amounts to misconduct or serious misconduct then the Director, HR may recommend one of the disciplinary actions described in Definitions Subclause 10.2.9 to the Relevant Senior Officer. 42.3.5 If the employee denies, or partially denies the allegations or fails to respond to the allegations, the Director, HR (or delegated authority) will consider the allegations and any relevant evidence, the employee’s response and any mitigating circumstances. Following this, the Director, HR (or delegated authority) may: a) take no further action and advise the employee in writing of the decision; b) require a further investigation to be undertaken in order to more fully establish the circumstances. c) determine that there is a case for the employee to answer.

Formal Action. 42.3.1 If the Director, HR decides to proceed with formal action, they will: a) notify the employee in writing, setting out the allegation(s).; b) include sufficient detail to enable the employee to understand the nature of the allegation(s), and to properly consider and respond to them including any relevant documents.; c) inform the employee that they are entitled, within 10 working days of receiving a copy of the allegation(s), to submit a written response to the Director, HR. 42.3.2 Notification in writing will be deemed to have been served if sent by registered mail to the last known home address or to the University email address of the employee. 42.3.3 Depending on the nature of the allegation(s)investigation, the Director, HR (or delegated authority) may, without prejudicerequire the employee to attend a meeting to discuss the allegations. 42.3.4 If at any time, determine the Director, HR (or delegated authority) is of the view that any alleged conduct, if proven, is such that it is appropriate would be unreasonable for the employee to continue attend work, the Director, HR (or delegated authority) may suspend the employee with pay while an investigation is being conducted. 42.3.4 If 42.3.5 Following receipt of the employee’s response, or if the employee admits the allegation(s) in full and the Director, HR is of the opinion that the behaviour amounts to misconduct or serious misconduct then the Director, HR may recommend one of the disciplinary actions described in Definitions Subclause 10.2.9 to the Relevant Senior Officer. 42.3.5 If does not respond having confirmed the employee denies, or partially denies the allegations or fails was given an opportunity to respond to the allegationsrespond, the Director, HR (or delegated authority) will consider the allegations and any relevant evidence, the employee’s response and any mitigating circumstances. Following this, the Director, HR (or delegated authority) may: a) take no further action and advise the employee in writing of the decision;; or b) require a further investigation to be undertaken in order to more fully establish the circumstances.; or c) determine that there is whether to recommend Disciplinary Action. 42.3.6 Where the Director, HR (or delegated authority) recommends Disciplinary Action, a case for report containing the Director, HR (or delegated authority)’s findings and recommendation of Disciplinary Action will be sent to both the employee and the Relevant Senior Officer. The employee, on receipt of the report, has 10 working days to answerprovide a written response directly to the Relevant Senior Officer.

Formal Action. 42.3.1 40.3.1 If the Director, HR decides to proceed with formal action, they will: a) notify the employee in writing, setting out the allegation(s). b) include sufficient detail to enable the employee to understand the nature of the allegation(s), and to properly consider and respond to them including any relevant documents. c) inform the employee that they are entitled, within 10 working days of receiving a copy of the allegation(s), to submit a written response to the Director, HR. 42.3.2 40.3.2 Notification in writing will be deemed to have been served if sent by registered mail to the last known home address of the employee. 42.3.3 40.3.3 Depending on the nature of the allegation(s), the Director, HR (or delegated authority) may, without prejudice, determine that it is appropriate to suspend the employee with pay while an investigation is being conducted. 42.3.4 40.3.4 If the employee admits the allegation(s) in full and the Director, HR is of the opinion that the behaviour amounts to misconduct or serious misconduct then the Director, HR may recommend one of the disciplinary actions described in Definitions Subclause 10.2.9 4.2.7 to the Relevant Senior Officer. 42.3.5 40.3.5 If the employee denies, or partially denies the allegations or fails to respond to the allegations, the Director, HR (or delegated authority) will consider the allegations and any relevant evidence, the employee’s response and any mitigating circumstances. Following this, the Director, HR (or delegated authority) may: a) take no further action and advise the employee in writing of the decision; b) require a further investigation to be undertaken in order to more fully establish the circumstances. c) determine that there is a case for the employee to answer.