Investigation of alleged misconduct Sample Clauses

Investigation of alleged misconduct. (a) Where an investigation is required, the Employer will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter. (b) The Employer will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. (c) The investigation may include: (i) collecting any relevant materials; (ii) speaking with the Employee; (iii) speaking with any relevant witnesses; (iv) providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; Victorian Public Service Enterprise Agreement 2016 (v) seeking an explanation from the Employee; and (vi) investigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible. (d) In relation to each allegation of misconduct, the investigator will make findings as to whether: (i) the allegation is substantiated; or (ii) the allegation is not substantiated. (e) Where the investigator makes a finding that an allegation is not substantiated, which is accepted by the Employer, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. (f) Where the investigator makes a finding that the allegation is substantiated, the Employer will consider this information and propose a discipline outcome.
Sample 1Sample 2Sample 3See All (11)
Investigation of alleged misconduct. The Chief of Police will be responsible for assigning investigations of alleged employee misconduct. The employee’s immediate supervisor, another supervisor, the Lieutenant, or the Chief may conduct investigations. The Chief may elect to have an outside agency investigate allegations of gross misconduct or major incidents involving employees if he believes the department would benefit from an objective outside investigation.
Sample 1Sample 2Sample 3See All (4)
Investigation of alleged misconduct. Where an investigation is required, the Employer will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter. The Employer will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. The investigation may include: collecting any relevant materials; and speaking with the Employee; and speaking with any relevant witnesses; and providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; and seeking an explanation from the Employee; and investigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible. In relation to each allegation of misconduct, the investigator will make findings as to whether: the allegation is substantiated; or the allegation is not substantiated. Where the investigator makes a finding that an allegation is not substantiated, which is accepted by the Employer, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. Where the investigator makes a finding that the allegation is substantiated, the Employer will consider this information and propose a discipline outcome. As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome. The Employee will be provided with sufficient information to allow them a reasonable basis to respond. The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. Any response must be provided within the above reasonable time. The Employer will consider: the findings of the investigator; and any recommendations as to the appropriate disciplinary outcome; and any response of the Employee (including any admission of misconduct under clause 25.9); and any prior disciplinary outcomes, and then determine the discipline outcome that is to apply to the Employee. The discipline outcome must not be disproportionate to the seriousness of the matter. The possible discipline outcomes are: no action; or performance management; or formal counselling; or formal warning; or final warning; or assignment of ...
Sample 1
Investigation of alleged misconduct. Where an investigation is required, the Library will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter.
Sample 1
Investigation of alleged misconduct. 4.12.9(a) As soon as practicable after an allegation of misconduct has been made and Museums Victoria has determined in accordance with Clause 4.12.8(a)(i) or Clause 4.12.8(a)(ii) that an investigation is required, Museums Victoria will advise the employee of the alleged misconduct in writing.
Sample 1
Investigation of alleged misconduct. 29.8.1 As soon as practicable after an allegation of misconduct has been made and the Library has determined in accordance with this clause 29 that an investigation is required, the Library will advise the Employee of the alleged misconduct in writing. 29.8.2 The written advice will contain the allegation/s of misconduct made about the Employee. Relevant information will only be withheld where it is necessary to withhold that information in order to protect the personal privacy of any other person consistent with Federal or State legislation. 29.8.3 The Library will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter. 29.8.4 The Library will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. 29.8.5 The investigation may include: 29.8.6 In relation to each allegation of misconduct, the investigator will make findings as to whether: (a) the allegation is substantiated; or (b) the allegation is not substantiated. 29.8.7 Where the investigator makes a finding that an allegation is not substantiated, the misconduct process will conclude in relation to any such allegation and the Employee will be informed accordingly. 29.8.8 Where the investigator makes a finding that the allegation is substantiated, the Library will consider this information and propose a discipline outcome.
Sample 1
Investigation of alleged misconduct. (a) Where an investigation is required, the Employer will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the Employee's immediate manager. The appointed person must be impartial in the matter. (b) The Employer will provide the Employee with an opportunity to speak to the investigator if the Employee wishes to do so. (c) The investigation mayinclude: (i) collecting ahyany relevant materials; (ii) speaking with the Employee; (iii) speaking with any relevant witnesses; (iv) providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; (v) seeking an explanation from the Employee; and (vi) inves tigattnginvestigating any explanation made by the Employee for the purposes of verifying the explanation so far as possible.
Sample 1
Investigation of alleged misconduct. The individual assigned to the investigation of an alleged act of misconduct on the part of a Member or Employee of the Department shall conduct a thorough and accurate investigation. Such an investigation shall include formal statements from all parties concerned when necessary and pertinent to the gathering and preservation of physical evidence pertaining to the case and all other information bearing on the matter.
Sample 1
Investigation of alleged misconduct a. Where an investigation is required, the employer will appoint a person to conduct an investigation into the alleged misconduct. Where appropriate, the investigation may be conducted by the employee’s immediate manager. The appointed person must not have any prior personal involvement in the matter. b. The employer will provide the employee with an opportunity to speak to the investigator if the employee wishes to do so. c. The investigation may include: i. collecting any relevant materials ii. speaking with the employee iii. speaking with any relevant witnesses
Sample 1

Related to Investigation of alleged misconduct

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.

  • Investigation of Accidents The Occupational Health and Safety Committees, as provided in Clause 22.2, shall be notified of each accident or injury and shall investigate and report to the Union and Employer on the nature and cause of the accident or injury. In the event of a fatality the Employer shall immediately notify the President of the nature and circumstances of the accident.

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Complaints Investigation The employee who complains of harassment under the provisions of the Human Rights Code must first comply with the Employer’s harassment policy procedures before filing a grievance or human rights complaint.

  • Background Investigation The BOARD is prohibited from knowingly employing a person who has been convicted of committing or attempting to commit certain criminal offenses. If the required criminal background investigation is not completed at the time this Contract is signed, and the subsequent investigation report reveals that there has been a prohibited conviction, this Contract shall immediately become null and void.

  • Investigation of Breach If the Seller (i) has knowledge of a breach of a representation or warranty made in Section 3.4, (ii) receives notice from the Depositor, the Trust, the Owner Trustee or the Indenture Trustee of a breach of a representation or warranty made in Section 3.4, (iii) receives a written request to repurchase a Receivable due to an alleged breach of a representation and warranty in Section 3.4 from the Owner Trustee, the Indenture Trustee, any Verified Note Owner or any Noteholder (which repurchase request shall provide sufficient detail so as to allow the Seller to reasonably investigate the alleged breach of the representations and warranties in Section 3.4; provided, that with respect to a repurchase request from a Noteholder or a Verified Note Owner, such repurchase request shall initially be provided to the Indenture Trustee) for a Receivable (each, a “Repurchase Request”) or (iv) receives a final report from the Asset Representations Reviewer that indicates that the Asset Representations Reviewer has determined that a test procedure under the Asset Representations Review Agreement has not been satisfied with respect to a representation or warranty set forth in Section 3.4 for a Receivable, then, in each case, the Seller will investigate the Receivable to confirm the breach and determine if the breach materially and adversely affects the interests of the Purchaser, the Issuer or the Noteholders in any Receivable. None of the Servicer, the Issuer, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer or the Administrator will have an obligation to investigate whether a breach of any representation or warranty has occurred or whether any Receivable is required to be repurchased under this Section 3.5.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Independent Investigation Subscriber, in making the decision to purchase the Units, has relied upon an independent investigation of the Company and has not relied upon any information or representations made by any third parties or upon any oral or written representations or assurances from the Company, its officers, directors or employees or any other representatives or agents of the Company, other than as set forth in this Agreement. Subscriber is familiar with the business, operations and financial condition of the Company and has had an opportunity to ask questions of, and receive answers from the Company’s officers and directors concerning the Company and the terms and conditions of the offering of the Units and has had full access to such other information concerning the Company as Subscriber has requested. Subscriber confirms that all documents that it has requested have been made available and that Subscriber has been supplied with all of the additional information concerning this investment which Subscriber has requested.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Fraud In this Agreement, Fraud means dishonestly obtaining a benefit, or causing a loss, by deception or other means, and includes alleged, attempted, suspected or detected fraud.