Common use of Investigation of alleged misconduct Clause in Contracts

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; speaking with the Employee; speaking with any relevant witnesses; providing the Employee with specific particulars to allow the Employee to properly respond to the alleged misconduct; 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.

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.

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. Opportunity for response by Employee 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. Determination of discipline outcome 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 the Employee with or without their agreement to a role at a classification level or Value Range lower than the Employee’s current classification level or Value Range: Where no suitable positions are available at the Employee’s existing work location, the disciplinary outcome may also include a transfer of the Employee with or without their agreement to a different work location; Where the disciplinary outcome includes a transfer of the Employee to a different work location, this will not preclude the Employee from being entitled to payment of any applicable relocation allowance in accordance under clause 19 (Usual Place or Places of Work); transfer of the Employee with or without their agreement to a different work location at the Employee’s current classification level (which will not preclude the Employee being entitled to payment of any applicable relocation allowance in accordance with clause 19 (Usual Place or Places of Work); or termination of employment. In order to avoid a more severe discipline outcome being applied to an Employee, the Employer may apply the discipline outcomes listed in clause 25.12(b)(ii) to 25.12(b)(vii)together to form a single disciplinary outcome. The Employer will advise the Employee of the discipline outcome in writing and a copy will be placed on the Employee’s personnel file. Informing Employee who raised allegation of misconduct If a process was conducted in accordance with this clause because of an allegation of misconduct by another Employee, the Employer must advise that Employee that the allegation has been dealt with in accordance with this clause, and may provide the Employee with other information as is reasonably practicable.