Notwithstanding C14. 2, the Executive Xxxx may deal with an allegation of misconduct or serious misconduct in the first instance under this clause should special circumstances warrant. The staff member will be afforded reasonable opportunity to respond to the allegation prior to any action under C14.7. C14.4 Disciplinary action should be used as a last resort and may only be taken in accordance with this clause. C14.5 [Definitions] [‘Misconduct’] means: • conduct or behaviour of a kind which constitutes an impediment to the carrying out of an employee’s duties or to an employee’s colleagues carrying out her or his duties; • conduct or behaviour which is inconsistent with an employee’s obligations to the employer, as specified in A8 of this Agreement; or • dereliction of the duties required of an academic office. [‘Serious misconduct’] means: • serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of an academic’s duties or to an academic’s colleagues carrying out their duties; • serious dereliction of the duties required of an academic office, or • conviction by a court of an offence which constitutes a serious impediment of the kind referred to above. [‘Level 1 disciplinary action’] means: • censuring the staff member; and/or • giving the staff member a written warning (including, where appropriate, a final warning) about potential disciplinary action if the unsatisfactory performance is not remedied or if the misconduct or serious misconduct is repeated. [‘Level 2 disciplinary action’] means disciplinary action including: • demoting the staff member by one (1) or more salary steps and/or by one (1) classification level; • suspending the staff member with pay; • withholding of an increment; • removing certain administrative duties and responsibilities which involve the payment of an allowance; or • terminating the staff member’s employment.
