Opportunity for response by Employee. (a) As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome. The Employee will be provided with sufficient information to allow them a reasonable basis to respond.
(b) The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. Any response must be provided within the above reasonable time.
Opportunity for response by Employee. As soon as practicable after the investigator has made a finding that any allegation of misconduct is substantiated, the Employee will be provided with the findings of the investigator and the proposed discipline outcome. The Employee will be provided with sufficient information to allow them a reasonable basis to respond. The Employee will be given a reasonable time to respond to the findings or the material and the recommended discipline outcome. Any response must be provided within the above reasonable time. The Employer will consider: the findings of the investigator; and any recommendations as to the appropriate disciplinary outcome; and any response of the Employee (including any admission of misconduct under clause 21.9); and any prior disciplinary outcomes, and then determine the discipline outcome that is to apply to the Employee. The discipline outcome must not be disproportionate to the seriousness of the matter. The possible discipline outcomes are: no action; performance management; formal counselling; formal warning; final warning; assignment of the Employee with or without their agreement to a role at a classification level or Value Range lower than the Employee’s current classification level or Value Range: Where no suitable positions are available at the Employee’s existing work location, the disciplinary outcome may also include a transfer of the Employee with or without their agreement to a different work location; Where the disciplinary outcome includes a transfer of the Employee to a different work location, this will not preclude the Employee from being entitled to payment of any applicable relocation allowance in accordance under clause 32.10; transfer of the Employee with or without their agreement to a different work location at the Employee’s current classification level (which will not preclude the Employee being entitled to payment of any applicable relocation allowance in accordance with clause 32.10); or termination of employment. The Employer will advise the Employee of the discipline outcome in writing and a copy will be placed on the Employee’s personnel file. If a process was conducted in accordance with this clause because of an allegation of misconduct by another Employee, the Employer must advise that Employee that the allegation has been dealt with in accordance with this clause, and may provide the Employee with other information as is reasonably practicable.
Opportunity for response by Employee. Determination of discipline outcome Informing Employee who raised allegation of misconduct
