Common use of Investigative procedure Clause in Contracts

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. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding Conduct conduct or Performance 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 practitioner of the concerns and allegations in writing; (ii) provide the Employee practitioner with any all material which forms the basis of the concerns before seeking a response; (iii) ensure the Employee practitioner is provided a reasonable opportunity to answer any concerns including a reasonable time to respond; (iv) advise the Employee practitioner of their right to have a representative, including a Union representativerepresentative of the Association; (v) ensure that the reason for any interview is explained; and (vi) take reasonable steps to investigate the Employeepractitioner’s response. (c) Where the Employer has complied with subclauses 15.3(b)(i)–(ivsubclause 12.3(b)(i) –12.3(b)(iv) and the Employee practitioner does not dispute the concerns, the Employee practitioner may opt to decline the opportunity to be interviewed. (d) Where the Employee practitioner opts to decline the opportunity to be interviewed, the Employee practitioner may still raise matters under subclause 15.4(c12.4(c) including matters in mitigation if a disciplinary procedure (see clause 15.4subclause 12.4) 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 practitioner is being stood down by a Health Service the Employer during a process set out in this clause 1512, the Employee practitioner will receive ordinary pay for their rostered hours as if the Employee practitioner was not stood down by the Health ServiceEmployer.