Issues of Non-Performance Sample Clauses

Issues of Non-Performance. 3.6.1 At all times whilst the procedure set out herein is being followed, employees will be subject to prescribed natural justice. As part of according the employee natural justice, warnings will not be issued without proper investigation and advice to the employee of the issue(s) of concern. No disciplinary action will be taken, by way of warnings or otherwise, unless the employee has been given a full opportunity to explain or justify the actions or conduct complained of. During any discussion or counselling, the employee will be afforded the opportunity of having a representative appear with the employee. 3.6.2 An employee who is assessed, during the year or during a Performance Development Review, as not having satisfied an appropriate level of skill, knowledge and competence, and/or whose overall behaviour to work is at, or below, an acceptable level, shall undergo a performance counselling procedure by Cochlear. 3.6.3 The performance counselling process will include a discussion interview with the individual and any other parties involved, the Supervisor and/or Line Manager and/or Human Resources. This may result in a verbal or written warning or file note. The performance counselling procedure will require that improvement in the areas of concern are met within a nominated period. The performance counselling procedure will set clear guidelines on the issues, expectations and timeframes for improvement. 3.6.4 If at the end of that nominated period, an improvement is not evidenced, disciplinary action will be taken, with the potential outcome of termination of the employee. 3.6.5 The result of performance assessments will be communicated to employees with emphasis both on areas where there has been achievement as well as areas where results have been less than satisfactory so that attention can be given to implementing necessary changes. 3.6.6 If the matter relates to the employee’s work performance, should the employee be able to demonstrate a relative level of skill, knowledge and competence to perform work at a lower classification level, the employee may be re-classified to that lower classification level, on the basis of notice of such re-classification being given equal to the usual or normal notice provisions. If the employee is not able to demonstrate that he/she possesses such reduced level of skill, knowledge and competence then the employee may be terminated on the giving of such notice, provided that this action shall not be taken unless t...