Common use of WORKPLACE INVESTIGATIONS Clause in Contracts

WORKPLACE INVESTIGATIONS. 40.1 The parties have agreed on adopting the Local Government Industry guidelines concerning workplace investigations. 40.2 Failure to comply with the guidelines may be used as evidence that a person or Council has failed to properly conduct or speedily conclude a workplace investigation. However, a person or Council cannot be prosecuted only because of a failure to comply with the guidelines. 40.3 Upon becoming aware of possible unsatisfactory work performance or conduct by an employee Council may decide to investigate. 40.4 Workplace investigations are a process by which Council gathers information to assist Council to make an informed decision. Workplace investigations typically involve enquiring, collecting information and ascertaining facts. 40.5 When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that Council should consider include:  The seriousness of the possible unsatisfactory work performance or conduct;  How recent the possible unsatisfactory work performance or conduct occurred;  Potential implications in not undertaking an investigation; and  Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues). 40.6 Council shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct.

WORKPLACE INVESTIGATIONS. 40.1 The parties have agreed on adopting the Local Government Industry guidelines concerning workplace investigations. 40.2 Failure to comply with the guidelines may be used as evidence that a person or Council has failed to properly conduct or speedily conclude a workplace investigation. However, a person or Council cannot be prosecuted only because of a failure to comply with the guidelines. 40.3 Upon becoming aware of possible unsatisfactory work performance or conduct by an employee Council may decide to investigate. 40.4 Workplace investigations are a process by which Council gathers information to assist Council to make an informed decision. Workplace investigations typically involve enquiring, collecting information and ascertaining facts. 40.5 When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that Council should consider include:  • The seriousness of the possible unsatisfactory work performance or conduct;  • How recent the possible unsatisfactory work performance or conduct occurred;  • Potential implications in not undertaking an investigation; and  • Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues). 40.6 Council shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct.

WORKPLACE INVESTIGATIONS. 40.1 The parties have agreed on adopting the Local Government Industry guidelines concerning workplace investigations. 40.2 . Failure to comply with the guidelines may be used as evidence that a person or Council has failed to properly conduct or speedily conclude a workplace investigation. However, a person or Council cannot be prosecuted only because of a failure to comply with the guidelines. 40.3 . Upon becoming aware of possible unsatisfactory work performance or conduct by an employee Council may decide to investigate. 40.4 . Workplace investigations are a process by which Council gathers information to assist Council to make an informed decision. Workplace investigations typically involve enquiring, collecting information and ascertaining facts. 40.5 . When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that Council should consider include:  ENTERPRISE AGREEMENT 2021 – 2024 • The seriousness of the possible unsatisfactory work performance or conduct;  • How recent the possible unsatisfactory work performance or conduct occurred;  • Potential implications in not undertaking an investigation; and  • Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues). 40.6 . Council shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct. An employee under investigation will be provided the full scope of allegations and detail they will be asked, prior to attending the investigation interview.