Management of Misconduct Sample Clauses

Management of Misconduct. 21.1 The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; (b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; (c) reflect the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that Employees are treated fairly and reasonably; and (d) manage the Employee’s performance in accordance with this clause 21 instead of clause 20 where the Employer determines that it would be more appropriate.
Sample 1Sample 2Sample 3See All (10)
Management of Misconduct. 1.39.1 For the purposes of this clause, misconduct includes: 1.39.1.1 a contravention of a provision of any relevant law, University statute or regulation, the Agreement or University Policy; 1.39.1.2 a contravention of a lawful direction given to the Employee by an authorised Employee of the University; 1.39.1.3 negligent, careless or incompetent discharge of an Employee’s duties or responsibilities; 1.39.1.4 repeated conduct or performance that has been subject to prior action under this clause 1.39; and 1.39.1.5 for Academics (as defined in Division 2 of the Agreement), any falsification, plagiarism or deception in proposing, carrying out or reporting the results of research, including the improper appropriation of the intellectual property and contributions of others; failure to declare or manage a serious conflict of interest; and the wilful concealment or facilitation of research misconduct by others (Research Misconduct). 1.39.2 For the purpose of this clause, serious misconduct is: 1.39.2.1 wilful and deliberate behaviour which results in a serious contravention of the kind set out above at clause 1.39.1; 1.39.2.2 persistent or repeated instances of misconduct which results in a serious contravention of the kind set out at clause 1.39.1; or 1.39.2.3 serious misconduct that falls within the definition of that term as set out in the FW Act or the regulations to the FW Act. 1.39.3 Following initial assessment by the University of the facts and circumstances informing its view of an Employee’s misconduct or serious misconduct, the University will: 1.39.3.1 provide written advice to the Employee of the misconduct or serious misconduct, setting out the basis for the University’s view; 1.39.3.2 provide any material in support of the University’s view; 1.39.3.3 provide the Employee with an opportunity to seek advice and prepare their response to the misconduct or serious misconduct; 1.39.3.4 for research misconduct by Academics (as defined in Division 2 of the Agreement), review the research misconduct consistent with the processes set out in the Commonwealth Government Australian Code For The Responsible Conduct of Research (as amended or its successor) and its associated procedures (Research Misconduct Review); 1.39.3.5 except where clause 1.39.4 applies, where the Employee refutes the misconduct or serious misconduct, assign an individual, who has no prior involvement in the matter (Reviewer), to conduct an impartial review of the University's initial a...
Sample 1
Management of Misconduct. ‌ 29.1 The purpose of this clause is to establish procedures for managing misconduct or alleged misconduct of an Employee and to;
Sample 1
Management of Misconduct. ‌ 1.48.1. For the purposes of this clause, misconduct includes:‌ 1.48.1.1. a contravention of a provision of any relevant law, University statute or regulation, the Agreement or University Policy; 1.48.1.2. a contravention of a lawful and reasonable direction given to the Employee by an authorised Employee of the University; 1.48.1.3. negligent, careless or incompetent discharge of an Employee’s duties or responsibilities; 1.48.1.4. repeated conduct or performance that has been subject to prior action under this clause; and 1.48.1.5. for Academics (as defined in Division 2 of the Agreement) falsification, plagiarism or deception in proposing, carrying out or reporting the results of research, including the improper appropriation of the intellectual property and contributions of others; failure to declare or manage a serious conflict of interest, and the wilful concealment or facilitation of research misconduct by others (Research Misconduct). 1.48.2. For the purpose of this clause, serious misconduct is: 1.48.2.1. xxxxxx and deliberate behaviour which results in a serious contravention of the kind set out above at clause 1.48.1; 1.48.2.2. persistent or repeated instances of misconduct which results in a serious contravention of the kind set out at clause 1.48.1; or 1.48.2.3. serious misconduct that falls within the definition of that term as set out in the FW Act or the regulations to that Act. 1.48.3. Misconduct and serious misconduct does not include conduct: 1.48.3.1. by an Academic, as defined in Division 2, that complies with clause
Sample 1
Management of Misconduct. 86.1 The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; ({b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace;
Sample 1
Management of Misconduct. The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; and (b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; and (c) reflect the public sector values of integrity, impartiality, accountability and respect with the aim of ensuring that Employees are treated fairly and reasonably; and (d) manage the Employee’s performance in accordance with this clause 28 instead of clause 27 (Management of Unsatisfactory Work Performance) where the Library determines that it would be more appropriate.
Sample 1
Management of Misconduct. ‌ The purpose of this clause is to:
Sample 1
Management of Misconduct. 21.1 The purpose of this clause is to: (a) establish procedures for managing misconduct or alleged misconduct of an Employee; (b) provide for Employee alleged misconduct to be investigated and addressed expeditiously and with minimal disruption to the workplace; (c) reflect the Parliamentary Officer values of leadership, accountability, respect, responsiveness, integrity, and impartiality, with the aim of ensuring that Employees are treated fairly and reasonably; and (d) manage the Employee’s performance in accordance with this clause 21 instead of
Sample 1
Management of Misconduct 
Sample 1Sample 2Sample 3

Related to Management of Misconduct

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.

  • Gross Misconduct If the Participant’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct as determined by the Administrator, the Administrator in its sole discretion may provide that all, or any portion specified by the Administrator, of the Participant’s unvested RSUs shall automatically terminate as of the time of termination without consideration. The Participant acknowledges and agrees that the Participant’s termination of employment shall also be deemed to be a termination of employment by reason of the Participant’s Gross Misconduct if, after the Participant’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.

  • MANAGEMENT OF THE BUSINESS Pursuant to Section 00-00-000 of the Act, and as stated in its Articles, the Company’s day to day affairs are managed by the Member. The Member is responsible for the daily operations of the business.

  • Management In accordance with Section 18-402 of the Act, management of the Company shall be vested in the Member. The Member shall have the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise, possessed by members of a limited liability company under the laws of the State of Delaware. The Member has the authority to bind the Company.

  • Management and Control (a) Management and control of the business of the Fund shall be vested in the Board, which shall have the right, power, and authority, on behalf of the Fund and in its name, to exercise all rights, powers, and authority of managers under the Delaware Act and to do all things necessary and proper to carry out the objective and business of the Fund and their duties hereunder. No Manager shall have the authority individually to act on behalf of or to bind the Fund except within the scope of such Manager's authority as delegated by the Board. The parties hereto intend that, except to the extent otherwise expressly provided herein, (i) each Manager shall be vested with the same powers, authority, and responsibilities on behalf of the Fund as are customarily vested in each director of a Delaware corporation and (ii) each Independent Manager shall be vested with the same powers, authority and responsibilities on behalf of the Fund as are customarily vested in each director of a closed-end Management investment company registered under the 1940 Act that is organized as a Delaware corporation who is not an "interested person" of such company, as such term is defined by the 1940 Act. During any period in which the Fund shall have no Managers, CSFB Alternative Capital, as the initial Member, shall have the authority to manage the business and affairs of the Fund. (b) Members, in their capacity as Members, shall have no right to participate in and shall take no part in the management or control of the Fund's business and shall have no right, power or authority to act for or bind the Fund. Members shall have the right to vote on any matters only as provided in this Agreement or on any matters that require the approval of the holders of voting securities under the 1940 Act or as otherwise required in the Delaware Act. (c) The Board may delegate to any other person any rights, power and authority vested by this Agreement in the Board to the extent permissible under applicable law, and may appoint persons to serve as officers of the Fund, with such titles and authority as may be determined by the Board consistent with applicable law. (d) The Board shall have full power and authority to adopt By-Laws providing for the conduct of the business of the Fund and containing such other provisions as they deem necessary, appropriate or desirable, and, subject to the voting powers of one or more Classes created pursuant to this section 3.1, to amend and repeal such By-Laws. Unless the By-Laws specifically require that Members authorize or approve the amendment or repeal of a particular provision of the By-Laws, any provision of the By-Laws may be amended or repealed by the Board without Member authorization or approval. (e) The Board shall have the full power and authority, without Member approval, to authorize one or more Classes of Units; Units of each such Class having such preferences, voting powers and special or relative rights or privileges (including conversion rights, if any) as the Board may determine and as shall be set forth in a resolution adopted in accordance with the By-Laws.

  • Management, Ownership The Company shall not materially change its ownership, executive staff or management without the prior written consent of the Secured Party. The ownership, executive staff and management of the Company are material factors in the Secured Party's willingness to institute and maintain a lending relationship with the Company.

  • Management Grievance The Employer may initiate a grievance at Step 3 of the grievance procedure by the Employer or designate presenting the grievance to the President of the Union or designate. Time limits and process are identical to a union grievance.

  • MANAGEMENT OF EVALUATION OUTCOMES 12.1 Where the Employer is, any time during the Employee’s employment, not satisfied with the Employee’s performance with respect to any matter dealt with in this Agreement, the Employer will give notice to the Employee to attend a meeting; 12.2 The Employee will have the opportunity at the meeting to satisfy the Employer of the measures being taken to ensure that his performance becomes satisfactory and any programme, including any dates, for implementing these measures; 12.3 Where there is a dispute or difference as to the performance of the Employee under this Agreement, the Parties will confer with a view to resolving the dispute or difference; and 12.4 In the case of unacceptable performance, the Employer shall – 12.4.1 Provide systematic remedial or developmental support to assist the Employee to improve his performance; and 12.4.2 After appropriate performance counselling and having provided the necessary guidance and/or support as well as reasonable time for improvement in performance, the Employer may consider steps to terminate the contract of employment of the Employee on grounds of unfitness or incapacity to carry out his or her duties.

  • Fraud In this Agreement, Fraud means dishonestly obtaining a benefit, or causing a loss, by deception or other means, and includes alleged, attempted, suspected or detected fraud.