Common use of Objectives and Application Clause in Contracts

Objectives and Application. This clause establishes procedures for managing misconduct or alleged misconduct by an employee. This clause applies to all employees, except casual employees who are not eligible casual employees. In applying these procedures to officers on probation, temporary employees or eligible casual employees, the head of service may determine that procedures and practices throughout clauses H10 - to H11 - apply on a proportionate basis according to the circumstances of the case and in accordance with the principles of procedural fairness and natural justice. If the process is to be applied on a proportionate basis in accordance with this subclause the content of that process, along with any estimated timeframes, will be communicated to the employee when the process commences. The objective of these procedures is to encourage the practical and expeditious resolution of misconduct issues in the workplace. All parties have an obligation to participate in misconduct processes in good faith. What is Misconduct For the purposes of this Section, misconduct includes any of the following: the employee fails to meet the obligations set out in section 9 of the PSM Act 1994; the employee engages in conduct that the head of service or the Public Sector Standards Commissioner is satisfied may bring, or has brought, the Directorate or the ACTPS into disrepute; a period of unauthorised absence and the employee does not offer a satisfactory reason on return to work; the employee is found guilty of, or is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the ACTPS and/or the Directorate; the employee fails to notify the head of service of criminal charges in accordance with clause H12 -; or the employee makes a vexatious or knowingly false allegation against another employee. What is Serious Misconduct Serious misconduct means conduct that is so serious that it may be inconsistent with the continuation of the employee’s employment with the Territory. Serious misconduct is defined within the Fair Work Regulations. H7 -Dealing with Allegations of Misconduct Upon becoming aware of a matter of alleged misconduct the head of service will determine whether or not the matter needs to be investigated. Where the head of service determines that investigation is required the head of service will refer the matter to the Public Sector Standards Commissioner for investigation. At any stage of dealing with alleged misconduct the head of service may, in accordance with clause H8 -: transfer the employee to other duties; or re-allocate duties away from the employee; or suspend the employee with pay; or suspend the employee without pay where serious misconduct is alleged. Upon receiving a referral in accordance with subclause H7.1 the Public Sector Standards Commissioner will either make arrangements for an appropriately trained or experienced person (the investigating officer) to investigate the alleged misconduct in accordance with clause H9 - or may decide that an investigation will not resolve the matter and refer it back to the head of service for resolution or further consideration. The head of service may determine that no investigation is necessary where the employee admits to the alleged misconduct and the employee agrees that there is no need for an investigation. The employee must fully understand the misconduct they are admitting to and make an admission statement. Where an employee makes an admission in accordance with subclause H2.6 the head of service may determine the appropriate disciplinary action/sanction in accordance with clause H11 -. The head of service must ensure that they have sufficient information concerning the nature and full circumstances of the misconduct, any mitigating factors, and details of the employee's prior service record and performance to enable a fair and reasonable determination under clause H11 - to be made. The Public Sector Standards Commissioner may at any time decide to instigate an investigation of alleged misconduct, in the absence of a referral under subclause H7.1, if satisfied that the matter warrants investigation. Notwithstanding the provisions of this section, the head of service may summarily terminate the employment of an employee without notice for serious misconduct as defined within the Fair Work Regulations. H8 -Suspension, Reassignment or Transfer This clause applies to all employees including eligible casual employees and employees on probation. In accordance with subclause H7.2 the head of service may suspend with or without pay, reassign or transfer an employee where the head of service is satisfied that it is in the public interest, the interests of the ACTPS or the interests of the Directorate to do so while the alleged misconduct is being dealt with. The requirements under subclauses H8.4, H8.5 and H8.10 will also apply in circumstances where an employee has been reassigned or transferred with pay to other duties following an allegation of misconduct, to the extent that the employee is no better off financially than if they had not been reassigned or transferred. The head of service will not normally suspend, reassign or transfer an employee without first informing the employee of the reasons for the proposed suspension, reassignment or transfer and giving the employee the opportunity to be heard. However the head of service may suspend an employee first and then give the employee the reasons for the suspension and an opportunity to be heard, where, in the head of service’s opinion, this is appropriate in the circumstances. Whilst suspended with pay an employee will be paid: the employee’s ordinary hourly rate of pay and any higher duties allowances that would have been paid to the employee for the period they would otherwise have been on duty; and overtime (but not overtime meal allowance) and shift penalty payments where there is a regular and consistent pattern of extra duty or shift work being performed over the previous six months which would have been expected to continue but for the suspension from duty; and any other allowance or payment (including under an Attraction and Retention Incentive entered into in accordance with Annex B to this Agreement) of a regular or ongoing nature that is not conditional on performance of duties. Where a decision is made to suspend an employee with pay no appeal or review of that decision is available. Unless the employee is on authorised leave an employee who is suspended must be available to attend work and participate in the disciplinary process within 48 hours of receiving notice. Suspension without pay is usually only appropriate where serious misconduct is alleged or where the employee is charged with a criminal offence that would in the opinion of the head of service be incompatible with the continuation of the employee’s employment. A period of suspension without pay will not be for more than thirty calendar days, unless exceptional circumstances apply. If the period of suspension without pay extends beyond thirty calendar days as per subclause H8.9, the suspension should be reviewed every thirty calendar days unless the head of service considers that, in the circumstances, a longer period is appropriate. Whilst suspended without pay: the employee may apply to the head of service for permission to seek alternate employment outside the ACTPS for the period of the suspension or until the permission is revoked. Any such permission given to the employee is granted on the condition that the employee remains available to attend work and participate in the disciplinary process as per subclause H8.7; in cases of demonstrated hardship, the head of service may determine that the employee may cash out accrued long service leave and/or annual leave; the employee may apply to the head of service for the suspension to be with pay on the grounds of demonstrated hardship. An employee suspended without pay and who is later acquitted of the criminal offence (which is the subject of the allegation(s) of misconduct which caused the employee to be suspended), or is found not to have been guilty of the misconduct: is entitled to be repaid the amount by which the employee's pay was reduced; and

Objectives and Application. This clause establishes procedures for managing misconduct or alleged misconduct by an employee. This clause applies to all employees, except casual employees who are not eligible casual employees. In applying these procedures to officers on probation, temporary employees or eligible casual employees, the head of service may determine that procedures and practices throughout clauses H10 clause G8 - to H11 and clause G9 - apply on a proportionate basis according to the circumstances of the case and in accordance with the principles of procedural fairness and natural justice. If the process is to be applied on a proportionate basis in accordance with this subclause the content of that process, along with any estimated timeframes, will must be communicated to the employee when the process commences. The objective of these procedures is to encourage the practical and expeditious resolution of misconduct issues in the workplace. All parties have an obligation to participate in misconduct processes in good faith. What is Misconduct misconduct For the purposes of this Sectionsection, misconduct includes any of the following: the The employee fails to meet the obligations set out in section 9 of the PSM Act 1994; the Act. The employee engages in conduct that the head of service or the Public Sector Standards Commissioner public sector standards commissioner is satisfied may bring, or has brought, the Directorate directorate or the ACTPS into disrepute; a . A period of unauthorised absence and the employee does not offer a satisfactory reason on return to work; the . The employee is found guilty of, or is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the ACTPS and/or and the Directorate; the directorate. The employee fails to notify the head of service of criminal charges in accordance with clause H12 G10 -; or the . The employee makes a vexatious or knowingly false allegation against another employee. What is Serious Misconduct serious misconduct Serious misconduct means conduct that is so serious that it may be inconsistent with the continuation of the employee’s employment with the Territory. Serious misconduct is defined within the Fair Work Regulations. H7 -Dealing Dealing with Allegations of Misconduct Upon becoming aware of a matter of alleged misconduct the head of service will must determine whether or not the matter needs to be investigated. Where the head of service determines that investigation is required the head of service will must refer the matter to the Public Sector Standards Commissioner public sector standards commissioner for investigation. At any stage of dealing with alleged misconduct the head of service may, in accordance with clause H8 G6 - do any of the following: Re-: transfer assign other duties to the employee. Transfer the employee to other duties; or re-allocate duties away from the employee; or suspend . Suspend the employee with pay; or suspend . Suspend the employee without pay where serious misconduct is alleged. In considering the appropriate action under G5.2, the employer should give preference to retaining the employee in the workplace where possible. Upon receiving a referral in accordance with subclause H7.1 G5.1 the Public Sector Standards Commissioner will either make public sector standards commissioner must do one of the following: Make arrangements for an appropriately trained or experienced person (the investigating officer) to investigate the alleged misconduct in accordance with clause H9 G7 - Decline to investigate the matter, or may decide any part of the matter, if the public sector standards commissioner decides that an investigation will not resolve the matter and refer it back to the head of service for resolution or further consideration. The head of service public sector standards commissioner may determine that no investigation is necessary where the employee admits to the alleged misconduct and the employee agrees that there is no need for an investigation. The employee must fully understand the misconduct they are admitting to and make an have their admission statementstatement taken by the public sector standards commissioner. Where an employee makes an admission in accordance with subclause H2.6 G5.5 the head of service may determine the appropriate disciplinary action/action or sanction in accordance with clause H11 G9 -. The head of service must ensure that they have sufficient information concerning the nature and full circumstances of the misconduct, any mitigating factors, and details of the employee's ’s prior service record and performance to enable a fair and reasonable determination under clause H11 G9 - to be made. The Public Sector Standards Commissioner public sector standards commissioner may at any time decide to instigate an investigation of alleged misconduct, in the absence of a referral under subclause H7.1G5.1, if satisfied that the matter warrants investigation. Notwithstanding the provisions of this section, the head of service may summarily terminate the employment of an employee without notice for serious misconduct as defined within the Fair Work Regulations. H8 -SuspensionReassignment, Reassignment Transfer or Transfer Suspension This clause applies to all employees including eligible casual employees and employees on probationemployees. In accordance with subclause H7.2 G5.2 the head of service may reassign, transfer or suspend an employee with or without pay, reassign or transfer an employee pay where the head of service is satisfied that the action taken is reasonable and it is in the public interest, the interests of the ACTPS or the interests of the Directorate directorate to do so while the alleged misconduct is being dealt with. Suspension with pay should only be considered where it is inappropriate for the employee to remain in their current position and reassignment of duties or transfer is not appropriate. Suspension without pay should only be considered where cases of serious misconduct is alleged in accordance with G5.2. The requirements under subclauses H8.4G6.5, H8.5 G6.6 and H8.10 will G6.11 also apply in circumstances where an employee has been reassigned or transferred with pay to other duties following an allegation of misconduct, to the extent that the employee is no better off financially than if they had not been reassigned or transferred. The head of service will must not normally suspendreassign, reassign transfer or transfer suspend an employee without first informing the employee of the reasons for the proposed suspensionreassignment, reassignment transfer or transfer suspension and giving the employee the opportunity to be heard. However Despite this, the head of service may suspend an employee first and then give the employee the reasons for the suspension and an opportunity to be heard, where, in the head of service’s opinion, this is appropriate in the circumstances. Whilst While suspended with pay an employee will be paidis paid in accordance with all of the following: the The employee’s ordinary hourly rate of pay and any higher duties allowances that would have been paid to the employee for the period they would otherwise have been on duty; and overtime . Overtime (but not overtime meal allowance) and shift penalty payments where there is a regular and consistent pattern of extra duty or shift work being performed over the previous six 6 months which would have been expected to continue but for the suspension from duty; and any . Any other allowance or payment (including under an Attraction and Retention Incentive entered into in accordance with Annex B to this Agreement) of a regular or ongoing on-going nature that is not conditional on performance of duties. Where a decision is made to suspend an employee with pay pay, no appeal or internal review of that decision is available. Unless the employee is on authorised leave an employee who is suspended must be available to attend work and participate in the disciplinary process within 48 hours of receiving notice. Suspension without pay is usually only appropriate where serious misconduct is alleged or where the employee is charged with a criminal offence that would in the opinion of the head of service be incompatible with the continuation of the employee’s employment. A period of suspension with or without pay will must not be for more than thirty 30 calendar days, days unless exceptional circumstances apply. If the period of suspension with or without pay extends beyond thirty 30 calendar days as per subclause H8.9G6.10, the suspension should be reviewed every thirty 30 calendar days unless the head of service considers that, in the circumstances, a longer period is appropriate. Whilst suspended without pay: the employee may apply to the head of service for permission to seek alternate employment outside the ACTPS for the period of the suspension or until the permission is revoked. Any such permission given to the employee is granted on the condition that the employee remains available to attend work and participate in the disciplinary process as per subclause H8.7; in cases of demonstrated hardship, the head of service may determine that the employee may cash out accrued long service leave and/or annual leave; the employee may apply to the head of service for the suspension to be with pay on the grounds of demonstrated hardship. An employee While suspended without pay and who is later acquitted all of the criminal offence (which is the subject of the allegation(s) of misconduct which caused the employee to be suspended), or is found not to have been guilty of the misconduct: is entitled to be repaid the amount by which the employee's pay was reduced; andfollowing apply:

Objectives and Application. This clause establishes procedures for managing misconduct or alleged misconduct by an employee. This clause applies to all employees, except casual employees who are not eligible casual employees. In applying these procedures to officers on probation, temporary employees or eligible casual employees, the head of service may determine that procedures and practices throughout clauses H10 - to H11 - apply on a proportionate basis according to the circumstances of the case and in accordance with the principles of procedural fairness and natural justice. If the process is to be applied on a proportionate basis in accordance with this subclause the content of that process, along with any estimated timeframes, will be communicated to the employee when the process commences. The objective of these procedures is to encourage the practical and expeditious resolution of misconduct issues in the workplace. All parties have an obligation to participate in misconduct processes in good faith. What is Misconduct For the purposes of this Section, misconduct includes any of the following: the employee fails to meet the obligations set out in section 9 of the PSM Act 1994; the employee engages in conduct that the head of service or the Public Sector Standards Commissioner is satisfied may bring, or has brought, the Directorate or the ACTPS into disrepute; a period of unauthorised absence and the employee does not offer a satisfactory reason on return to work; the employee is found guilty of, or is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the ACTPS and/or the Directorate; the employee fails to notify the head of service of criminal charges in accordance with clause H12 -; or the employee makes a vexatious or knowingly false allegation against another employee. What is Serious Misconduct Serious misconduct means conduct that is so serious that it may be inconsistent with the continuation of the employee’s employment with the Territory. Serious misconduct is defined within the Fair Work Regulations. H7 193 -Dealing with Allegations of Misconduct Upon becoming aware of a matter of alleged misconduct the head of service will determine whether or not the matter needs to be investigated. Where the head of service determines that investigation is required the head of service will refer the matter to the Public Sector Standards Commissioner for investigation. At any stage of dealing with alleged misconduct the head of service may, in accordance with clause H8 -: transfer the employee to other duties; or re-allocate duties away from the employee; or suspend the employee with pay; or suspend the employee without pay where serious misconduct is alleged. Upon receiving a referral in accordance with subclause H7.1 the Public Sector Standards Commissioner will either make arrangements for an appropriately trained or experienced person (the investigating officer) to investigate the alleged misconduct in accordance with clause H9 - or may decide that an investigation will not resolve the matter and refer it back to the head of service for resolution or further consideration. The head of service may determine that no investigation is necessary where the employee admits to the alleged misconduct and the employee agrees that there is no need for an investigation. The employee must fully understand the misconduct they are admitting to and make an admission statement. Where an employee makes an admission in accordance with subclause H2.6 the head of service may determine the appropriate disciplinary action/sanction in accordance with clause H11 -. The head of service must ensure that they have sufficient information concerning the nature and full circumstances of the misconduct, any mitigating factors, and details of the employee's prior service record and performance to enable a fair and reasonable determination under clause H11 - to be made. The Public Sector Standards Commissioner may at any time decide to instigate an investigation of alleged misconduct, in the absence of a referral under subclause H7.1, if satisfied that the matter warrants investigation. Notwithstanding the provisions of this section, the head of service may summarily terminate the employment of an employee without notice for serious misconduct as defined within the Fair Work Regulations. H8 194 -Suspension, Reassignment or Transfer This clause applies to all employees including eligible casual employees and employees on probation. In accordance with subclause H7.2 the head of service may suspend with or without pay, reassign or transfer an employee where the head of service is satisfied that it is in the public interest, the interests of the ACTPS or the interests of the Directorate to do so while the alleged misconduct is being dealt with. The requirements under subclauses H8.4, H8.5 and H8.10 will also apply in circumstances where an employee has been reassigned or transferred with pay to other duties following an allegation of misconduct, to the extent that the employee is no better off financially than if they had not been reassigned or transferred. The head of service will not normally suspend, reassign or transfer an employee without first informing the employee of the reasons for the proposed suspension, reassignment or transfer and giving the employee the opportunity to be heard. However the head of service may suspend an employee first and then give the employee the reasons for the suspension and an opportunity to be heard, where, in the head of service’s opinion, this is appropriate in the circumstances. Whilst suspended with pay an employee will be paid: the employee’s ordinary hourly rate of pay and any higher duties allowances that would have been paid to the employee for the period they would otherwise have been on duty; and overtime (but not overtime meal allowance) and shift penalty payments where there is a regular and consistent pattern of extra duty or shift work being performed over the previous six months which would have been expected to continue but for the suspension from duty; and any other allowance or payment (including under an Attraction and Retention Incentive entered into in accordance with Annex B to this Agreement) of a regular or ongoing on-going nature that is not conditional on performance of duties. Where a decision is made to suspend an employee with pay no appeal or review of that decision is available. Unless the employee is on authorised leave an employee who is suspended must be available to attend work and participate in the disciplinary process within 48 hours of receiving notice. Suspension without pay is usually only appropriate where serious misconduct is alleged or where the employee is charged with a criminal offence that would in the opinion of the head of service be incompatible with the continuation of the employee’s employment. A period of suspension without pay will not be for more than thirty calendar days, unless exceptional circumstances apply. If the period of suspension without pay extends beyond thirty calendar days as per subclause H8.9, the suspension should be reviewed every thirty calendar days unless the head of service considers that, in the circumstances, a longer period is appropriate. Whilst suspended without pay: the employee may apply to the head of service for permission to seek alternate employment outside the ACTPS for the period of the suspension or until the permission is revoked. Any such permission given to the employee is granted on the condition that the employee remains available to attend work and participate in the disciplinary process as per subclause H8.7; in cases of demonstrated hardship, the head of service may determine that the employee may cash out accrued long service leave and/or annual leave; the employee may apply to the head of service for the suspension to be with pay on the grounds of demonstrated hardship. An employee suspended without pay and who is later acquitted of the criminal offence (which is the subject of the allegation(s) of misconduct which caused the employee to be suspended), or is found not to have been guilty of the misconduct: is entitled to be repaid the amount by which the employee's pay was reduced; and

Objectives and Application. This clause establishes procedures for managing misconduct or alleged misconduct by an employee. This clause applies to all employees, except casual employees who are not eligible casual employees. In applying these procedures to officers on probation, temporary employees or eligible casual employees, the head of service may determine that procedures and practices throughout clauses H10 - to H11 - apply on a proportionate basis according to the circumstances of the case and in accordance with the principles of procedural fairness and natural justice. If the process is to be applied on a proportionate basis in accordance with this subclause the content of that process, along with any estimated timeframes, will be communicated to the employee when the process commences. The objective of these procedures is to encourage the practical and expeditious resolution of misconduct issues in the workplace. All parties have an obligation to participate in misconduct processes in good faith. What is Misconduct For the purposes of this Section, misconduct includes any of the following: the employee fails to meet the obligations set out in section 9 of the PSM Act 1994; the employee engages in conduct that the head of service or the Public Sector Standards Commissioner is satisfied may bring, or has brought, the Directorate or the ACTPS into disrepute; a period of unauthorised absence and the employee does not offer a satisfactory reason on return to work; the employee is found guilty of, or is convicted of a criminal offence or where a court finds that an employee has committed an offence but a conviction is not recorded, taking into account the circumstances and seriousness of the offence, the duties of the employee and the interests of the ACTPS and/or the Directorate; the employee fails to notify the head of service of criminal charges in accordance with clause H12 -; or the employee makes a vexatious or knowingly false allegation against another employee. What is Serious Misconduct Serious misconduct means conduct that is so serious that it may be inconsistent with the continuation of the employee’s employment with the Territory. Serious misconduct is defined within the Fair Work Regulations. H7 -Dealing with Allegations of Misconduct Upon becoming aware of a matter of alleged misconduct the head of service will determine whether or not the matter needs to be investigated. Where the head of service determines that investigation is required the head of service will refer the matter to the Public Sector Standards Commissioner for investigation. At any stage of dealing with alleged misconduct the head of service may, in accordance with clause H8 -: transfer the employee to other duties; or re-allocate duties away from the employee; or suspend the employee with pay; or suspend the employee without pay where serious misconduct is alleged. Upon receiving a referral in accordance with subclause H7.1 the Public Sector Standards Commissioner will either make arrangements for an appropriately trained or experienced person (the investigating officer) to investigate the alleged misconduct in accordance with clause H9 - or may decide that an investigation will not resolve the matter and refer it back to the head of service for resolution or further consideration. The head of service may determine that no investigation is necessary where the employee admits to the alleged misconduct and the employee agrees that there is no need for an investigation. The employee must fully understand the misconduct they are admitting to and make an admission statement. Where an employee makes an admission in accordance with subclause H2.6 the head of service may determine the appropriate disciplinary action/sanction in accordance with clause H11 -. The head of service must ensure that they have sufficient information concerning the nature and full circumstances of the misconduct, any mitigating factors, and details of the employee's prior service record and performance to enable a fair and reasonable determination under clause H11 - to be made. The Public Sector Standards Commissioner may at any time decide to instigate an investigation of alleged misconduct, in the absence of a referral under subclause H7.1, if satisfied that the matter warrants investigation. Notwithstanding the provisions of this section, the head of service may summarily terminate the employment of an employee without notice for serious misconduct as defined within the Fair Work Regulations. H8 -Suspension, Reassignment or Transfer This clause applies to all employees including eligible casual employees and employees on probation. In accordance with subclause H7.2 the head of service may suspend with or without pay, reassign or transfer an employee where the head of service is satisfied that it is in the public interest, the interests of the ACTPS or the interests of the Directorate to do so while the alleged misconduct is being dealt with. The requirements under subclauses H8.4, H8.5 and H8.10 will also apply in circumstances where an employee has been reassigned or transferred with pay to other duties following an allegation of misconduct, to the extent that the employee is no better off financially than if they had not been reassigned or transferred. The head of service will not normally suspend, reassign or transfer an employee without first informing the employee of the reasons for the proposed suspension, reassignment or transfer and giving the employee the opportunity to be heard. However the head of service may suspend an employee first and then give the employee the reasons for the suspension and an opportunity to be heard, where, in the head of service’s opinion, this is appropriate in the circumstances. Whilst suspended with pay an employee will be paid: the employee’s ordinary hourly rate of pay and any higher duties allowances that would have been paid to the employee for the period they would otherwise have been on duty; and overtime (but not overtime meal allowance) and shift penalty payments where there is a regular and consistent pattern of extra duty or shift work being performed over the previous six months which would have been expected to continue but for the suspension from duty; and any other allowance or payment (including under an Attraction and Retention Incentive entered into in accordance with Annex B to this Agreement) of a regular or ongoing on-going nature that is not conditional on performance of duties. Where a decision is made to suspend an employee with pay no appeal or review of that decision is available. Unless the employee is on authorised leave an employee who is suspended must be available to attend work and participate in the disciplinary process within 48 hours of receiving notice. Suspension without pay is usually only appropriate where serious misconduct is alleged or where the employee is charged with a criminal offence that would in the opinion of the head of service be incompatible with the continuation of the employee’s employment. A period of suspension without pay will not be for more than thirty calendar days, unless exceptional circumstances apply. If the period of suspension without pay extends beyond thirty calendar days as per subclause H8.9, the suspension should be reviewed every thirty calendar days unless the head of service considers that, in the circumstances, a longer period is appropriate. Whilst suspended without pay: the employee may apply to the head of service for permission to seek alternate employment outside the ACTPS for the period of the suspension or until the permission is revoked. Any such permission given to the employee is granted on the condition that the employee remains available to attend work and participate in the disciplinary process as per subclause H8.7; in cases of demonstrated hardship, the head of service may determine that the employee may cash out accrued long service leave and/or annual leave; the employee may apply to the head of service for the suspension to be with pay on the grounds of demonstrated hardship. An employee suspended without pay and who is later acquitted of the criminal offence (which is the subject of the allegation(s) of misconduct which caused the employee to be suspended), or is found not to have been guilty of the misconduct: is entitled to be repaid the amount by which the employee's pay was reduced; and