Common use of Misconduct and Serious Misconduct Clause in Contracts

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 ensure the steps of procedural fairness are undertaken before any disciplinary action is taken by the VCP. (i) The VCP’s decision will be final.

Misconduct and Serious Misconduct. (a) Before Where a matter arises as to an Employee’s conduct, it will be discussed between the VCP takes disciplinary Employee and his/her supervisor to determine whether it can be resolved through guidance, counselling or other appropriate action against a in the first instance. (b) Where the initial discussion does not resolve the matter or is inappropriate due to the serious nature of the allegation(s) of misconduct or serious misconduct (as defined in clauses 33.2) being made, the staff member for reasons amounting to will be: (i) advised in writing of the alleged 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 including details of the allegations and whether they are considered to be serious misconduct; and (ii) given a reasonable opportunity to be heard and/or be given not less than ten (10) working days to make written submissions, in writing and in sufficient detail relation 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 If the staff member under clause (b)admits to the allegations, and if appropriate in the VCP is of the view that the alleged conduct amounts to conduct of a kind that it would be unreasonable to require University’s view, the University may give the staff member a reasonable opportunity to continue employment during improve their conduct. Otherwise the matter will be considered by the Executive Director, Human Resources, under subclause 33.4(f). Suspension (d) Where an allegation of serious misconduct has been made against a period of noticestaff member, the VCP may Executive Director, Human Resources, may, at any stage during the procedures under this clause, suspend the staff member member, either with or without pay. The VCP , until the conclusion of the matter provided that: (i) with the approval of the Executive Director, Human Resources, the staff member may draw on any accrued entitlement to recreation leave or long service leave for the duration of the suspension without pay; (ii) the Executive Director, Human Resources, may at any time direct that salary Salary be paid paid, in part or in full, on the grounds of hardship for the period of the suspension or a part period; (iii) the Executive Director, Human Resources, may at any time reconsider the issue of the suspension of 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 reimbursedmember. (e) Where While suspended, the VCP is staff member will be excluded from the University or any identified parts of the view University, but will be permitted reasonable access to the University to prepare their case and to collect personal property. Decision (f) The Executive Director, Human Resources, will consider the allegation(s) and the staff member’s response. (g) The Executive Director, Human Resources, may seek additional information prior to making their decision if it is considered necessary. (h) The Executive Director, Human Resources, may determine that the conduct amounts to misconduct or allegation(s) of serious misconduct the VCP amount only to misconduct. (i) The Executive Director, Human Resources, will advise the staff member in writing of their decision as to whether there was misconduct and/or serious misconduct, including the reasons relied on in making the decision. If there was misconduct and/or serious misconduct, the Executive Director, Human Resources, will notify the staff member of their decision, any decision disciplinary action and of the operative date of any that disciplinary action, which can include. (j) Disciplinary action may include potential termination of employment where: (i) formal censure or counsellingthe staff member has engaged in serious misconduct; orand/or (ii) demotion by one the staff member has previously received a formal written warning for misconduct (following formal disciplinary provisions in this Agreement or more classification levels or increments; orprevious enterprise agreements) and is then found under this clause to have engaged in further misconduct contrary to the earlier written warning(s), (iiik) withholding Otherwise, disciplinary action for misconduct will not include termination of an increment; oremployment. (ivl) If the Staff member's employment is terminated for serious misconduct, the termination of employment may be without notice (or payment in lieu). If the Executive Director, Human Resource’s decision is to terminate for serious misconduct onlywithout notice, that decision will take effect at the end of ten (10) working days after notification under clause 33.4(i), or if the staff member seeks a review in accordance with clause 33.5 and the original decision is confirmed under clause 33.7(c), will take effect at that time. (fm) Before If the VCP takes any Executive Director, Human Resources, determines that no disciplinary 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 taken and the staff membermember has been suspended under clause 33.4(d), the staff member will be reinstated at no loss of salary or conditions. (gn) The independent Except where the staff member seeks a 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 in accordance with clause 33.5 of a particular reviewer on the basis of concerns about their fairness. (h) Where the Independent External Reviewer determines that procedural fairness has not occurreddecision to terminate or demote, the VCP will ensure the steps of procedural fairness are undertaken before any disciplinary action is taken by the VCP. (i) The VCPExecutive Director, Human Resource’s decision will be under clause 33.4(i) is final, subject to the jurisdiction of any court or tribunal which, but for this clause, would have jurisdiction to deal with the matter.

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 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 investigate be considered by the alleged behaviour and provide an opportunity for VCP. If the VCP believes such allegations warrant further investigation the VCP will: • Notify 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 ; • Require the investigation will be provided staff member to the VCPsubmit 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, 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) Where The Review Committee will comprise a Chair agreed by the Vice-Chancellor and the Union local branch president, a nominee of the Vice-Chancellor and a staff nominee of the Union. The Committee will be established by the Vice-Chancellor (or nominee) and will meet as soon as practicable. The Committee will act in accordance with Schedule 5. f) The Review Committee will investigate the allegations and make findings as to whether or not misconduct or serious misconduct has occurred and recommend what disciplinary action, if any, should be taken. The Review Committee will consider any mitigating circumstances when recommending disciplinary action. The Review Committee will provide a report to the Vice Chancellor, normally within 10 days from the establishment of the Review Committee. g) If the allegations are admitted in part or full by the staff member or the staff member fails to submit a written response, or on receipt of a Review Committee Report, and the VCP is of the view that the conduct amounts to misconduct or serious misconduct 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) or • demotion by one or more classification levels or increments; or (iii) or • withholding of an increment; or (iv) or • suspension with or without pay; or • 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 ensure the steps of procedural fairness are undertaken before any disciplinary action is taken by the VCP. (i) The VCP’s decision will be final.

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 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. (c) 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. (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 determines on the basis of the view findings of fact 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) counselling; (ii) formal censure or counselling; or (iiiii) demotion by one or more classification levels or increments; or (iiiiv) withholding of an increment; or (ivv) 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 ensure the steps of procedural fairness are undertaken before any disciplinary action is taken by the VCP. (i) The VCP’s decision will be final.