Misconduct and Serious Misconduct. 253 Where a staff member’s Supervisor or a relevant Delegate becomes aware of allegations that the staff member may have engaged in Misconduct or Serious Misconduct:
Misconduct and Serious Misconduct. Examples which, depending on the circumstances, may be considered misconduct for which warnings may be issued include but are not limited to: • Being discourteous to any other employee, customer or client. • Aggressive/argumentative behaviour. • Using abusive language that may cause offence to another person, while at work. • Failure to report any accident or personal injury occurring at work, no matter how minor the incident. • Careless or indifferent performance of duties. • Poor timekeeping, including absence from work without reasonable notification and/or approval • Failing to meet assigned deadlines, • Not wearing appropriate uniform. • Wilful waste of time or material. • Failure to comply with the Employer’s housekeeping requirements as stipulated. • Failure to comply with the Employer’s Policies and Procedures. Examples which, depending on the circumstances, may be considered serious misconduct that may result in instant dismissal include but are not limited to: • Repeat instances of misconduct for which a previous written warning has been issued • breaching work permit or visa conditions, or facilitating and/or allowing the breach of work permit or visa conditions. • Smoking in a non-smoking area. • Intentional breach of confidentiality. • Serious neglect or insubordination in the performance of duties without adequate explanation. • Intentional failure to obey a lawful and reasonable work instruction or direction given by the Employer. • Intentional breach of the Employer’s policies and procedures. • Being in possession of, or under the influence of, or consuming or selling drugs or alcohol, in the workplace. • Operating a company vehicle in an irresponsible manner which results in serious unsafe practices or damage to the Employer, customer, other employee, or any other person’s property. Unauthorised use of Employer equipment or vehicles. • Negligence, or deliberate act, or irresponsible use of workplace equipment or protective clothing, which may affect the safety of the employee or other employees or results in a serious safety or damage situation, including the removal of any safety devices. • Deliberate damage to Employer, customer, employee or another employee’s property. • Behaviour that is found to constitute Bullying and/or racial or sexual Harassment or Discrimination towards any employee, supplier and other business contact. • Theft and/or Fraud including unauthorised consumption of food and/or drink, providing unauthorised discounts ...
Misconduct and Serious Misconduct. A decision on the payment of a withheld increment will be made following the review.
Misconduct and Serious Misconduct. (a) Before the VCP takes disciplinary action against a staff member for reasons amounting to misconduct or serious misconduct, the University will investigate the alleged behaviour and provide an opportunity for the staff member to respond to the allegations within ten working days.
(b) The staff member will be advised of the allegations in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegations, and to properly consider and respond to them. The findings of the investigation will be provided to the VCP.
(c) At the time of notifying the staff member under clause (b), if the VCP is of the view that the alleged conduct amounts to conduct of a kind that it would be unreasonable to require the University to continue employment during a period of notice, the VCP may suspend the staff member with or without pay. The VCP may direct that salary be paid on the grounds of hardship or the staff member may engage in paid external employment or access leave entitlements for any period of suspension without pay.
(d) If the VCP determines that there has been no misconduct or serious misconduct, the VCP will immediately advise the staff member in writing, and any lost income from a suspension without pay will be reimbursed.
(e) Where the VCP is of the view that the conduct amounts to misconduct or serious misconduct the VCP will advise the staff member in writing of any decision and the operative date of any disciplinary action, which can include:
(i) formal censure or counselling; or
(ii) demotion by one or more classification levels or increments; or
(iii) withholding of an increment; or
(iv) termination of employment (for serious misconduct only).
(f) Before the VCP takes any action under clause 5.7(e), an independent review of the process will be undertaken to ensure the principles of procedural fairness have been applied, including whether there were any mitigating circumstances, and a report will be provided to the VCP and the staff member.
(g) The independent review will be undertaken by an Independent External Reviewer, appointed by the VCP from a pool of suitably qualified Independent Reviewers. The pool of Independent External Reviewers will be jointly chosen by the University and the Union. Either party may veto a second use of a particular reviewer on the basis of concerns about their fairness.
(h) Where the Independent External Reviewer determines that procedural fairness has not occurred, the VCP will en...
Misconduct and Serious Misconduct a) Before the VCP takes disciplinary action against a staff member for reasons amounting to misconduct or serious misconduct, the VCP must take the steps in this clause, except that, where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance, the procedures of this clause are not required.
b) Any allegation of misconduct or serious misconduct will be considered by the VCP. If the VCP believes such allegations warrant further investigation the VCP will: • Notify the staff member in writing and in sufficient detail to enable the staff member to understand the precise nature of the allegations, and to properly consider and respond to them; • Require the staff member to submit a written response within ten working days.
c) At the time of notifying the staff member under clause (b), if the VCP is of the view that the alleged conduct amounts to conduct of a kind that it would be unreasonable to require the University to continue employment during a period of notice, the VCP may suspend the staff member with or without pay. The VCP may direct that salary be paid on the grounds of hardship or the staff member may engage in paid external employment or access leave entitlements for any period of suspension without pay. Where a suspension without pay has been imposed and the matter is subsequently referred to a Review Committee, the VCP will ensure that the Review Committee at its first meeting determines whether suspension without pay should continue. The Review Committee will provide advice to the VCP as to whether the suspension without pay should continue. During any period of suspension the staff member may be excluded from the University, provided that the staff member will be permitted reasonable access to the University for the preparation of the staff member’s case and to collect personal property.
d) If the allegations are denied in part or in full by the staff member, the VCP will give due consideration to the staff member’s response. If the VCP determines that there has been no misconduct or serious misconduct, the VCP will immediately advise the staff member in writing and any lost income arising from a suspension without pay will be reimbursed. However, if the VCP determines that the allegation/s warrant further investigation, the VCP will refer the matter to a Review Committee to provide advice to the VCP.
e) The Review Committee will comprise a Chair agreed by ...
Misconduct and Serious Misconduct. 7.2.2.1 If an allegation of misconduct or serious misconduct (as defined in clause 1.3) is made, the staff member will be:
a) advised in writing of the alleged misconduct or serious misconduct, including details of the allegations and whether they are considered to be serious misconduct; and
b) given a reasonable opportunity to be heard and/or to make written submissions, within 10 working days, in relation to the allegations.
7.2.2.2 If the staff member admits to the allegations, and if appropriate in the University’s view, the University may give the staff member a reasonable opportunity to improve their conduct, otherwise the matter will be considered by the Vice-Chancellor and President under clause 7.2.4.
Misconduct and Serious Misconduct. 43.1. Where a matter which may involve misconduct or serious misconduct has been dealt with in good faith as if it were a case of unsatisfactory performance under Clause 42, the procedures of this Clause are not required, but the provisions of Clause 42, including notice periods and review procedures must be followed.
43.2. Any allegation of misconduct/serious misconduct shall be considered by the Vice-Chancellor. If the Vice-Chancellor believes such allegations warrant further investigation, the Vice-Chancellor shall:
43.2.1. Notify the academic staff member in writing and in sufficient detail to enable the academic staff member to understand the precise nature of the allegations and to properly consider and respond to them;
43.2.2. Require the academic staff member to submit a written response within 10 working days.
43.3. At the time of notifying the academic staff member in accordance with sub-clause 43.2, the Vice- Chancellor may suspend the staff member on full pay, or may suspend the staff member without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to conduct of a kind envisaged in s 123(1)(b) of the Fair Work Act 2009 and Regulation 1.07 such that it would be unreasonable to require the University to continue employment during a period of notice. Provided that:
43.3.1. Where suspension without pay occurs at a time when the academic staff member is on paid leave of absence, the staff member shall continue to receive a salary for the period of the leave of absence;
43.3.2. The academic staff member may engage in paid employment or draw on any recreation leave or long service leave credits for the duration of the suspension without pay;
43.3.3. The Vice-Chancellor may at any time direct that salary be paid on the ground of hardship;
43.3.4. Where a suspension without pay has been imposed and the matter is subsequently referred to a committee, the Vice-Chancellor shall ensure that a committee at its first meeting determines whether suspension without pay should continue and that committee shall have the power to revoke such a suspension from its date of effect.
43.4. If the allegations are denied by the academic staff member and the Vice-Chancellor is of the view that there has been no misconduct or serious misconduct he/she shall immediately advise the staff member in writing, and may, by agreement with the academic staff member, publish the advice in an appropriate manner.
43.5. If the allegations are admitted in full by...
Misconduct and Serious Misconduct. 60.1. When it is clear after investigation that misconduct or serious misconduct has occurred, ANMAC will follow the following process before taking disciplinary action. • an employee will be formally advised in writing of: − the allegations − possible ramifications if the misconduct is proven − date and time for a disciplinary meeting − their entitlement to bring a support person. • an employee will be provided with at least 48 hours’ notice to prepare for the meeting • an employee will be given 10 working days to respond to the allegation and make a written submission.
60.2. Where an allegation of misconduct or serious misconduct has not been substantiated by ANMAC, no action will be taken.
Misconduct and Serious Misconduct. All parties to this Agreement are required to comply with the Xxxxxxx Guild Code of Conduct, all relevant laws and regulations and to follow all lawful and reasonable instructions of Guild management.
Misconduct and Serious Misconduct
