Common use of Counselling Procedure Clause in Contracts

Counselling Procedure. 27.1. The employer shall follow a disciplinary procedure directed towards improving the conduct, performance and work standard of each employee. 27.2. The employer shall take all reasonable steps to make known to employees, by way of verbal and or printed communication, the required standard of performance and conduct which is expected whilst at the workplace or in circumstances which would directly impact on the workplace. 27.3. The employer shall have a counselling and warning procedure, which shall be consistent with the terms of this clause. 27.4. When the employer is to issue a warning to an employee the following steps shall be observed: (a) The employee shall be advised of the complaint against them; (b) The employee shall be entitled to place their defence to the complaint and the employer shall consider such response prior to issuing the warning; (c) The employer shall advise the employee what shall be expected of the employee to improve their work performance or conduct and the employer shall provide the employee with any reasonable assistance to achieve the required standard of performance and or conduct; (d) The warning shall be recorded in writing and the employee shall be requested to sign the warning and shall be given a copy thereof; (e) The warning shall contain the complaint raised by the employer, the response or defence given by the employee and any follow-up, which may be required. The warning shall also note the seriousness of the complaint and if the employee's employment is in jeopardy or likely to be in jeopardy; (f) The employee shall be entitled to have the employee representative, or union delegate whichever is the case, present at all stages of the warning if so requested. 27.5. An employee who disregards the seriousness of a warning or refuses to acknowledge counselling may be terminated provided the employee is advised that their behaviour in disregarding the warning and or counselling may result in termination. 27.6. The employer may, in lieu of termination, with the consent of the employee representative, or union delegate - whichever is the case, stand-down the offending employee without pay for a period of one working day and up to twenty working days. However, the employer shall not adopt this alternative for the same employee more than once in any twelve-month period.