Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well- founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with any material which forms the basis of the concerns before seeking a response;
(iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Employee of their right to have a representative, including a Union representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s response.
(c) Where the Employer has complied with subclause 18.3(b)(i)-(b)(iv) and the Employee does not dispute the concerns, the Employee may opt to decline the opportunity to be interviewed.
(d) Where the Employee opts to decline the opportunity to be interviewed, the Employee may still raise matters under clause 18.4(c) including matters in mitigation if a disciplinary procedure (see clause 18.4) is proposed.
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with any material which forms the basis of the concerns;
(iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Employee of their right to have a representative, including a Union representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s response.
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with those relevant details of the Employer concerns and allegations to enable the Employee to respond;
(iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Employee of their right to have a representative, including a HWU representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s response.
Investigative procedure. (a) The employer will advise the employee of the concerns in question and any allegation in writing and conduct a fair investigation having proper regard to procedural fairness and the factors set out below.
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Health Service will:
(i) advise the Doctor of the concerns and allegations in writing;
(ii) provide the Doctor with any material which forms the basis of the concerns;
(iii) ensure the Doctor is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Doctor of their right to have a representative, including an Association representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Doctor’s response.
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Health Service will:
(i) advise the Doctor of the concerns and allegations in writing;
(ii) provide the Doctor with all material which forms the basis of the concerns before seeking a response;
(iii) ensure the Doctor is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Doctor of their right to have a representative, including an Association representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Doctor’s response.
(c) Where the Health Service has complied with subclause 13.3(b)(i) - 13.3(b)(iv) and the Doctor does not dispute the concerns, the Doctor may opt to decline the opportunity to be interviewed.
(d) Where the Doctor opts to decline the opportunity to be interviewed, the Doctor may still raise matters under clause 13.4(c) including matters in mitigation if a disciplinary procedure (see clause 13.4) is proposed.
(e) Where the Doctor is being stood down by a Health Service during a process set out in this clause 13, the Doctor will receive ordinary pay for their rostered hours as if the Doctor was not stood down by the Health Service.
Investigative procedure. (a) Principles and the investigator
(i) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding Conduct or Performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness and natural justice.
(ii) The investigator must act in good faith and without bias. Where a conflict of interest is identified, a different investigator may need to be appointed where it could be interpreted as prejudicing an investigation.
(iii) Where the Employee or their representative reasonably believe that it is appropriate for a different investigator to be appointed because the investigator cannot act in good faith and without bias because of a conflict of interest or other reason, the Employer will not unreasonably refuse to appoint a different investigator.
(iv) The investigator being an employee of the Employer is not, of itself, a conflict of interest that would exclude them from investigating.
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding Conduct or Performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with any material which forms the basis of the concerns before seeking a response;
(iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Employee of their right to have a representative, including a Union representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s response.
(c) Where the Employer has complied with subclauses 15.3(b)(i)–(iv) and the Employee does not dispute the concerns, the Employee may opt to decline the opportunity to be interviewed.
(d) Where the Employee opts to decline the opportunity to be interviewed, the Employee may still raise matters under subclause 15.4(c) including matters in mitigation if a disciplinary procedure (see clause 15.4) is proposed.
(e) An Employee shall only be stood down pending an investigation where it is alleged the behaviour, if substantiated, constitutes Serious Misconduct and
(f) Where the Employee is being stood down by a Health Service during a process set out in this clause 15, the Employee will receive ordinary pay for their rostered hours as if the Employee was not stood down by the Health Service.
Investigative procedure. The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness and natural justice. The Employer will:
(a) Advise the Employee of the concerns and allegations in writing;
(b) Provide the Employee with any material which forms the basis of the concerns;
(c) Ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(d) Ensure that the reason for any interview is explained;
(e) Advise the Employee that they can bring a support person or Union Representative to any meeting that may occur; and
(f) Take reasonable steps to investigate the Employee’s response.
Investigative procedure. 10.2.1 The Employer will advise the employee of the concerns in question and any allegation in writing and conduct a fair investigation having proper regard to procedural fairness and the factors set out below.
10.2.2 The Employer shall not de-identify complainants other than in exceptional circumstances where there is a risk to the personal safety of the complainant if their identity were disclosed.
