Disciplinary Procedure

Transcription

1 Disciplinary Prcedure Applicatin Overview Definitins Prcedure Crss references Further assistance APPLICATION This prcedure nly applies t academic, prfessinal, security, grunds and dcument services staff emplyed in accrdance with an Australian Wrkplace Agreement (AWA) where a reference t this prcedure is specifically referred t in the AWA and wh are nt n prbatin. OVERVIEW This prcedure prvides a guide t the applicatin and management f disciplinary actin fr unacceptable perfrmance r miscnduct. The nature f the Staff Member s perfrmance r behaviur will determine the stage f the disciplinary prcess t be applied. Nthing in this prcedure prevents the University frm undertaking an alternative prcess where the matter is regarded as serius miscnduct. In matters f serius miscnduct the University may suspend the Staff Member with r withut pay, r temprarily place the Staff Member in anther psitin, during the cnduct f any investigatin. Any allegatins f serius miscnduct will be prvided t the Staff Member wh will be given an pprtunity t respnd t thse allegatins. The University will cnsider the Staff Member s respnse in deciding whether r nt t terminate the Staff Member s emplyment. Apprval t terminate emplyment will be btained in accrdance with stage 5 f this Prcedure. A Staff Member may have a supprt persn f their chice, excluding a slicitr r barrister currently in practice, present during any stage f the disciplinary prcess. DEFINITIONS Fr the purpse f this prcedure: Unacceptable Perfrmance is when the Staff Member s perfrmance remains unacceptable fllwing a reasnable perid f perfrmance imprvement. Unacceptable perfrmance shall be dealt with at Stage 4 Frmal Warning f this prcedure. Miscnduct is when a Staff Member breaches their bligatins under their cntract f emplyment. Examples f miscnduct include but are nt limited t: Page 1 f 5

2 breaches f plicies, cdes f cnduct and ther reasnable instructins; unauthrised absence frm duty; r inapprpriate use f University prperty and facilities. Serius Miscnduct is when a Staff Member breaches their bligatins under their cntract f emplyment t an extent that it is reasnable fr the University t discntinue the Staff Member s emplyment. Examples f miscnduct include but are nt limited t: threatened r actual assault f anther staff member, student r member f the public; serius cnflict f interest; damage, misuse r acts f dishnesty in relatin t University prperty and facilities; serius r repeated bullying, abuse r sexual harassment f anther staff member, student r member f the public; serius failure t bserve ccupatinal health, safety and welfare plicies, instructins and requirements; r refusal t carry ut a lawful and reasnable instructin that is cnsistent with the Staff Member s cntract f emplyment. PROCEDURE 1. Establishment f Facts Befre cunselling a Staff Member the Supervisr shuld establish the facts and cnsult with the apprpriate Divisinal/Prtfli/Unit Human Resurces Representative fr advice and supprt during the prcess. As part f the prcess t establish the facts the Supervisr may: assess any relevant dcumentatin; interview persns wh may (r shuld) have knwledge f the staff member s behaviur; and dcument what has ccurred. Once sufficient infrmatin has been cllected the Supervisr shuld meet with the Staff Member cncerned. 2. Infrmal Cunselling a) Infrmal cunselling f a Staff Member will nrmally ccur when, in the Supervisr s pinin, the Staff Member s behaviur is such that frmal disciplinary actin is nt apprpriate. b) At the infrmal cunselling the Supervisr will: prvide details f the behaviur f cncern; prvide the Staff Member with an pprtunity t respnd t the cncern and t raise any ther matters that the Staff Member cnsiders relevant; and Page 2 f 5

3 if the Supervisr is satisfied that the cncern can be substantiated, identify any imprvement in behaviur that may be required and assistance/supprt t be prvided (if relevant). c) After the infrmal cunselling the Supervisr will: keep a diary nte f the discussin; and where apprpriate, plan a subsequent discussin with the Staff Member t review their behaviur. 3. Frmal Cunselling a) Frmal cunselling f a Staff Member will nrmally ccur when: the Staff Member has previusly been cunselled infrmally, but behaviur has nt imprved t the standard required; r the Staff Member s behaviur is such that, in the pinin f the Supervisr after cnsulting the apprpriate Divisinal/Prtfli/Unit Human Resurces Representative, frmal cunselling is apprpriate. b) At the frmal cunselling the Supervisr will: prvide details f the behaviur f cncern; and prvide the Staff Member with an pprtunity t respnd t the cncern and t raise any ther matters that the Staff Member cnsiders relevant. c) After the frmal cunselling the Supervisr will prepare a written recrd f the meeting and, if satisfied that the cncern has been substantiated: cnfirm in writing the behaviur f cncern; any assistance/supprt t be prvided (if relevant); that failure t address the behaviur f cncern may result in terminatin f emplyment; and plan a subsequent discussin with the Staff Member t review their behaviur. 4. Frmal Warning a) A frmal warning will be given t a staff member when: the Staff Member has previusly been cunselled frmally, but behaviur has nt imprved t the standard required; the Staff Member s perfrmance remains unacceptable fllwing a reasnable perid f perfrmance imprvement; r the Staff Member s behaviur is such that, in the pinin f the Supervisr after cnsulting the apprpriate Divisinal/Prtfli/Unit Human Resurces Representative, frmal cunselling is apprpriate. Page 3 f 5

4 b) Prir t cnducting a meeting at which a frmal warning may be given, the Supervisr will advise the Staff Member in writing: the time and place f the meeting; and the nature and detail f the matters t be discussed. c) At the meeting the Supervisr will: prvide details f the perfrmance r behaviur f cncern and supprt/assistance that has been prvided (if relevant); prvide the Staff Member with an pprtunity t respnd t the cncern and t raise any ther matters that the Staff Member cnsiders relevant; advise the Staff Member that failure t address the cncern may result in terminatin f emplyment; and plan a subsequent discussin with the Staff Member t review their behaviur r perfrmance. d) After the meeting the Supervisr will prepare a written recrd f the meeting and, if satisfied that the cncern has been substantiated: cnfirm in writing the behaviur f cncern; any assistance/supprt t be prvided (if relevant); that failure t address the behaviur f cncern may result in terminatin f emplyment; and supply a cpy f the recrd t the Staff Member and request that they acknwledge receipt f the recrd by signing and returning it. 5. Prcess fr Terminatin If after stage 4 f this prcedure and within a reasnable perid f time there is still n r insufficient imprvement in the Staff Member s perfrmance, the Supervisr shuld cntact the Divisinal/Prtfli/Unit Human Resurces Representative t discuss the prcesses undertaken in stages 1 4 (as apprpriate) prir t any further actin. If the Supervisr cnsiders that the staff member s emplyment shuld be terminated, the fllwing prcess will be implemented: i) The Staff Member shall be advised f, and given an pprtunity t respnd t any adverse material which the University may cnsider in a decisin t terminate emplyment. ii) iii) The Supervisr recmmends t the Head f Schl/Directr f Research Institute/Directr f Unit/Divisin Manager/Directr r Directr: Centre fr Reginal Engagement that the emplyment f the Staff Member be terminated. The Supervisr will be required t prvide a written reprt t supprt their recmmendatin fr terminatin. If the case is supprted by the Head f Schl/Directr f Research Institute/Directr f Unit/Divisin Manager/Directr r Directr: Centre fr Reginal Engagement they will make a written recmmendatin t the Pr Vice Page 4 f 5

5 Chancellr/Executive Directr that the emplyment f the staff member be terminated. iv) The Pr Vice Chancellr/Executive Directr will cnsult with the Executive Directr: Peple, Talent and Culture abut the recmmendatin t terminate emplyment. v) If the case is supprted by the Executive Directr: Peple, Talent and Culture, the Pr Vice Chancellr/Executive Directr will make a written recmmendatin t the Vice Chancellr thrugh the Executive Directr: Peple, Talent and Culture that the staff member s emplyment be terminated. vi) If terminatin f emplyment is apprved, the Staff Member will be prvided with a written cmmunicatin cnfirming the terminatin f their emplyment allwing fr a ntice perid and/r cmpensatin as required by the Fair Wrk Act 2009 as amended. CROSS REFERENCES Perfrmance Management website Cde f Ethical Cnduct FURTHER ASSISTANCE Management and staff may seek further advice frm: Their immediate supervisr The designated HR representative fr their area. Peple, Talent and Culture Peple, Talent and Culture website Reviewed: August 2011 Amended: August 2017 Page 5 f 5