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.
Appears in 6 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct Conduct or performance Performance are well- 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 's response.
(c) Where the Employer has complied with subclause 18.3(b)(i)-(b)(iv15.3(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 clause 18.4(c15.4(c) including matters in mitigation if a disciplinary procedure (see clause 18.415.4) is proposed.
Appears in 5 contracts
Samples: Enterprise Agreement, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct Conduct or performance Performance are well- 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 concerns, including statements (if any) it has at that time, 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 's response.
(c) Where the Employer has complied with subclause 18.3(b)(i)-(b)(iv15.3(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 clause 18.4(csubclause 15.4(c) including matters in mitigation if a disciplinary procedure (see clause 18.415.4) is proposed.
Appears in 2 contracts
Samples: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028, Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028
Investigative procedure.
(a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct Conduct or performance Performance are well- well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer will:will:
(i) advise the Employee of the concerns and allegations in writing;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;representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Employee’s 's response.
(c) Where the Employer has complied with subclause 18.3(b)(i)-(b)(iv15.3(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 clause 18.4(c15.4(c) including matters in mitigation if a disciplinary procedure (see clause 18.415.4) is proposed.
Appears in 1 contract
Samples: Enterprise Agreement
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct Conduct or performance Performance are well- well-founded and supported by evidence. An investigation investigative procedure must be fair including proper regard to procedural fairness.fairness and natural justice
(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)(iv24.3(b)(i)-(vi) 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(csubclause 24.3(c) including matters in mitigation if a disciplinary procedure (see clause 18.4Error! Reference source not f ound.) is proposed.
Appears in 1 contract
Samples: Enterprise Agreement
Investigative procedure. (a) a. The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct Conduct (or performance a Performance matter that meets the definition of Misconduct in clause 16.2d) are well- well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) 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 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) c. Where the Employer has complied with subclause 18.3(b)(i)-(b)(ivsubclauses 16.3b(i)-b(iv) and the Employee does not dispute the concerns, the Employee may opt to decline the opportunity to be interviewed.
(d) d. Where the Employee opts to decline the opportunity to be interviewed, the Employee may still raise matters under clause 18.4(c) subclause 16.4c, including matters in mitigation if a disciplinary procedure (see clause 18.4subclause 16.4) is proposed.
e. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well- well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness.
(b) The Employer Company 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 Company has complied with subclause 18.3(b)(i)-(b)(iv15.3(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(c15.4(c) including matters in mitigation if a disciplinary procedure (see clause 18.415.4) is proposed.
Appears in 1 contract
Samples: Enterprise Agreement
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 WDNH UHDVRQDEOH VWHSV WsR LQYHVWLJ 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.
Appears in 1 contract
Samples: Enterprise Agreement