Disciplinary Hearing. Prior to any Disciplinary Hearing the employee shall be informed in advance in writing the allegations that he/she faces, the time and place of the disciplinary hearing. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some or all of the allegations are proven against him. The employee concerned should also be informed that he is entitled to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at the Disciplinary Hearing then the employee should be informed in advance of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall be provided with a copy of the designated person’s findings arising out of the investigation together with all relevant documentation from the investigation such as minutes of interviews and witness statements. The Disciplinary Hearing should commence with the employee concerned being advised in detail of the allegations against him. The employee concerned, through his representative, will be offered the opportunity to question his/her accuser(s). If the employee is not represented he should be afforded the opportunity to question his accuser(s). The employee shall be afforded the opportunity to respond to the allegations and give an explanation The employee shall be afforded the opportunity to make representations himself/herself or through his representative When the hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanction. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process and sanction (if any) imposed.
Appears in 2 contracts
Sources: Contract of Employment, Contract of Employment
Disciplinary Hearing. Prior The employee will be given written notice of a disciplinary hearing. The hearing will be held as soon as reasonably practicable, normally no longer than one month, but they will be given a reasonable amount of time, usually seven calendar days before the hearing date, to any Disciplinary Hearing prepare their case. They should be advised of the employee shall date, time, place, and purpose of the hearing and should be notified of the right to be accompanied by a colleague or trade union representative. A standard invitation letter should put the nature of allegation and also the alleged incident or behaviour (date, time, etc.) on which it was founded. Where the case is one of potential gross misconduct, employees should be informed in advance writing that the outcome could potentially result in writing summary dismissal without notice or payment in lieu of notice. If the allegations that he/she faces, union representative / companion is not available at the time a meeting is scheduled and place will not be available for more than five working days afterwards, depending on the circumstances MTR Crossrail may ask the employee to choose someone else. MTR Crossrail is responsible for arranging for the release of their union representative/companion where employed by the Company; the employee is responsible for ensuring that MTR Crossrail is promptly informed of the name and contact details of their union representative/companion. All evidence from the investigation which will be used in the disciplinary hearing will normally be given to the employee at the same time as the written invitation to attend the disciplinary hearing. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some or all of the allegations are proven against him. The employee concerned should also be informed that he is entitled to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at the Disciplinary Hearing then Where CCTV footage has been considered the employee should be informed in advance of and their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall be provided with a copy of the designated person’s findings arising out of the investigation together with all relevant documentation from the investigation such as minutes of interviews and witness statements. The Disciplinary Hearing should commence with the employee concerned being advised in detail of the allegations against him. The employee concerned, through his representative, companion will be offered the opportunity to question view on Company premises and equipment prior to the disciplinary hearing. The employee, disciplining manager and a note taker should be the minimum in attendance. HR may be present at the disciplinary hearing to provide professional guidance as required. Outcomes and notes should normally be written up and issued within five calendar days. At the disciplinary hearing the disciplining manager will read the allegations against the employee and the evidence that has been gathered. The employee will be able to respond and present any evidence of their own. A companion may make representations to the hearing and ask questions, but should not answer questions on the employee’s behalf. The employee may confer privately with their companion at any time during the hearing. During the disciplinary hearing the disciplining manager may adjourn for reflection time, or where additional facts or information need to be established. The employee will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened. The disciplinary hearing will always be adjourned prior to a decision being made to enable the disciplining manager to consider all relevant facts. The manager will reconvene the hearing to advise the employee of his/her accuser(s). If the employee is not represented he should be afforded the opportunity to question his accuser(s). The employee shall be afforded the opportunity to respond to the allegations and give an explanation The employee shall be afforded the opportunity to make representations himself/herself or through his representative When the hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn decision in the matter for sufficient time and to consider all matters. The Hearing will be reconvened and the Decision Maker should inform the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanction. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing them of the outcome right of appeal in the case of a disciplinary process and sanction (if any) imposedsanction.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Disciplinary Hearing. Prior The disciplinary hearing shall be conducted in the following manner: The hearing shall be prosecuted by a representative of the administration and be heard by LUCEA Bargaining Agreement 2020-2023 the Governing Board.
1. The employee may be represented by counsel.
2. A transcript shall be made of the proceedings, by tape recording or by court reporter.
3. The Superintendent shall provide a copy of the letter to the employee setting forth the charges against him or her.
4. The representative of the administration prosecuting the case and the employee or his or her attorney shall be allowed to make opening statements.
5. The representative of the administration shall then begin by representing the administration’s side of the case. This should be done by the presentation of documentary evidence and the calling of witnesses.
6. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any Disciplinary Hearing witness regardless of which party first called the witness to testify; and to rebut the evidence against the witness. If the accused employee (respondent) does not testify, the employee may be called and examined as if under cross-examination.
7. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing and examining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
8. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not speak English proficiently shall be provided an interpreter. The cost of the interpreter shall be paid by the side calling the witness who uses the interpreter.
9. Witnesses shall be sworn and testify under oath.
10. The Board shall swear in the witnesses. The form of oath shall be as follows: “Do you solemnly swear under penalty of perjury, that the evidence you shall give in this LUCEA Bargaining Agreement 2020-2023 matter pending before the Governing Board of the Lakeport Unified School District shall be the truth, whole truth, and nothing but the truth.”
11. The Board may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter.
12. When the administration has presented the case against the employee, the employee shall be informed allowed to present his case in advance the same manner stated above.
13. The parties may wish, and may be allowed, to make closing statements.
14. The Board may hold the hearing in writing closed session unless the allegations that he/she facesemployee requests a public hearing.
15. In the event the meeting is willfully interrupted, the time and place of procedures may be closed to the disciplinary hearingpublic.
16. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some Governing Board shall make findings and reach a decision as to whether to suspend or all of the allegations are proven against himdismiss an employee. The employee concerned should also be informed that he is entitled Board has the discretion to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at impose the Disciplinary Hearing then the employee should be informed in advance lesser penalty of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall be provided with a copy of the designated person’s findings arising out of the investigation together with all relevant documentation from the investigation such as minutes of interviews and witness statements. The Disciplinary Hearing should commence with the employee concerned being advised in detail of the allegations against him. The employee concerned, through his representative, will be offered the opportunity to question his/her accuser(s)suspension without pay on cases brought before them for dismissal.
17. If the employee or his or her attorney fails to object at the hearing that these rules are not being properly followed, or that any other law or requirement of due process is not represented he should being followed, these objections shall be afforded the opportunity to question his accuser(s)deemed waived.
18. The employee shall be afforded burden of proof is on the opportunity to respond to the allegations and give an explanation The employee shall be afforded the opportunity to make representations himself/herself or through his representative When the hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanction. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process and sanction (if any) imposeddistrict.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Disciplinary Hearing. Prior The disciplinary hearing shall be conducted in the following manner: The hearing shall be prosecuted by a representative of the administration and be heard by the Governing Board.
1. The employee may be represented by counsel.
2. A transcript shall be made of the proceedings, by tape recording or by court reporter.
3. The Superintendent shall provide a copy of the letter to the employee setting forth the charges against him or her.
4. The representative of the administration prosecuting the case and the employee or his or her attorney shall be allowed to make opening statements.
5. The representative of the administration shall then begin by representing the administration’s side of the case. This should be done by the presentation of documentary evidence and the calling of witnesses.
6. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any Disciplinary Hearing witness regardless of which party first called the witness to testify; and to rebut the evidence against the witness. If the accused employee (respondent) does not testify, the employee may be called and examined as if under cross-examination.
7. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing and examining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
8. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not speak English proficiently shall be provided an interpreter. The cost of the interpreter shall be paid by the side calling the witness who uses the interpreter. LUCEA Bargaining Agreement 2023-2026
9. Witnesses shall be sworn and testify under oath.
10. The Board shall swear in the witnesses. The form of oath shall be as follows: “Do you solemnly swear under penalty of perjury, that the evidence you shall give in this matter pending before the Governing Board of the Lakeport Unified School District shall be the truth, whole truth, and nothing but the truth.”
11. The Board may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter.
12. When the administration has presented the case against the employee, the employee shall be informed allowed to present his case in advance the same manner stated above.
13. The parties may wish, and may be allowed, to make closing statements.
14. The Board may hold the hearing in writing closed session unless the allegations that he/she facesemployee requests a public hearing.
15. In the event the meeting is willfully interrupted, the time and place of procedures may be closed to the disciplinary hearingpublic.
16. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some Governing Board shall make findings and reach a decision as to whether to suspend or all of the allegations are proven against himdismiss an employee. The employee concerned should also be informed that he is entitled Board has the discretion to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at impose the Disciplinary Hearing then the employee should be informed in advance lesser penalty of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall be provided with a copy of the designated person’s findings arising out of the investigation together with all relevant documentation from the investigation such as minutes of interviews and witness statements. The Disciplinary Hearing should commence with the employee concerned being advised in detail of the allegations against him. The employee concerned, through his representative, will be offered the opportunity to question his/her accuser(s)suspension without pay on cases brought before them for dismissal.
17. If the employee or his or her attorney fails to object at the hearing that these rules are not being properly followed, or that any other law or requirement of due process is not represented he should being followed, these objections shall be afforded the opportunity to question his accuser(s)deemed waived.
18. The employee shall be afforded burden of proof is on the opportunity to respond to the allegations and give an explanation The employee shall be afforded the opportunity to make representations himself/herself or through his representative When the hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanction. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process and sanction (if any) imposeddistrict.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Disciplinary Hearing. Prior The disciplinary hearing shall be conducted in the following manner: The hearing shall be prosecuted by a representative of the administration and be heard by the Governing Board.
1. The employee may be represented by counsel.
2. A transcript shall be made of the proceedings, by tape recording or by court reporter.
3. The Superintendent shall provide a copy of the letter to the employee setting forth the charges against him or her.
4. The representative of the administration prosecuting the case and the employee or his or her attorney shall be allowed to make opening statements.
5. The representative of the administration shall then begin by representing the administration’s side of the case. This should be done by the presentation of documentary evidence and the calling of witnesses.
6. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any Disciplinary Hearing witness regardless of which party first called the witness to testify; and to rebut the evidence against the witness. If the accused employee (respondent) does not testify, the employee may be called and examined as if under cross-examination.
7. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing and examining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
8. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not speak English proficiently shall be provided an interpreter. The cost of the interpreter shall be paid by the side calling the witness who uses the interpreter.
9. Witnesses shall be sworn and testify under oath.
10. The Board shall swear in the witnesses. The form of oath shall be as follows: ―Do you solemnly swear under penalty of perjury, that the evidence you shall give in this matter pending before the Governing Board of the Lakeport Unified School District shall be the truth, whole truth, and nothing but the truth.‖
11. The Board may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter.
12. When the administration has presented the case against the employee, the employee shall be informed allowed to present his case in advance the same manner stated above.
13. The parties may wish, and may be allowed, to make closing statements.
14. The Board may hold the hearing in writing closed session unless the allegations that he/she facesemployee requests a public hearing.
15. In the event the meeting is willfully interrupted, the time and place of procedures may be closed to the disciplinary hearingpublic.
16. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some Governing Board shall make findings and reach a decision as to whether to suspend or all of the allegations are proven against himdismiss an employee. The employee concerned should also be informed that he is entitled Board has the discretion to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at impose the Disciplinary Hearing then the employee should be informed in advance lesser penalty of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall be provided with a copy of the designated person’s findings arising out of the investigation together with all relevant documentation from the investigation such as minutes of interviews and witness statements. The Disciplinary Hearing should commence with the employee concerned being advised in detail of the allegations against him. The employee concerned, through his representative, will be offered the opportunity to question his/her accuser(s)suspension without pay on cases brought before them for dismissal.
17. If the employee or his or her attorney fails to object at the hearing that these rules are not being properly followed, or that any other law or requirement of due process is not represented he should being followed, these objections shall be afforded the opportunity to question his accuser(s)deemed waived.
18. The employee shall be afforded burden of proof is on the opportunity to respond to the allegations and give an explanation The employee shall be afforded the opportunity to make representations himself/herself or through his representative When the hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanction. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process and sanction (if any) imposeddistrict.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Disciplinary Hearing. Prior to any Disciplinary Hearing The decision maker will be the employee shall be informed in advance in writing relevant National Director, HSE or the allegations that he/she faces, the time and place of the disciplinary hearingHospital Chief Executive / General Manager as appropriate. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some or all of the allegations are proven against him. The employee concerned should also be informed that he is entitled to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at the Disciplinary Hearing then the employee should be informed in advance of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall will be provided with a copy of the designated person’s findings arising out of the investigation together with report and all relevant documentation from and will be informed of the investigation such as minutes following in writing in advance of interviews the disciplinary hearing: • The status of the hearing, i.e. that it is a formal disciplinary hearing under Stage 4 (Dismissal or Action Short of Dismissal) of the Disciplinary Procedure; • The purpose of the hearing, i.e. to consider representations on the Consultant’s behalf and witness statementsto decide if disciplinary action is appropriate and the nature of the sanction if any; • The possible outcome of the hearing, i.e., it may result in a decision to terminate his or her employment; and • The right to be accompanied by a representative or work colleague. The Disciplinary Hearing should commence with the employee concerned being advised in detail disciplinary hearing will be conducted as follows: • The Consultant will be informed of the allegations against himpurpose of the disciplinary hearing, the nature of the allegation and the findings of the investigation. • The employee concerned, through his representative, Consultant and his/her representative will be offered have the opportunity to question present his/her accuser(s). If the employee is not represented he should be afforded the opportunity to question his accuser(s). The employee shall be afforded the opportunity to respond case in response to the allegations and give an explanation findings of the investigation. • The employee shall disciplinary hearing will allow the Consultant to raise any concerns regarding the investigation process if s/he feels that these concerns were not given due consideration by the investigation team. • The hearing will be afforded adjourned to allow the opportunity decision maker to make carefully consider the representations himself/herself or through his representative When made on the Consultant's behalf. • The hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform Consultant will be advised of the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanctionoutcome. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process hearing will be confirmed to the Consultant in writing and copied to his/her representative. The decision may be that the allegation was not upheld, to take no further action, to dismiss the Consultant or to take disciplinary action short of dismissal which may include final written warning, suspension without pay or such other lesser sanction (if anyas is deemed appropriate. The Consultant will be advised of his/her right to appeal the decision. iv) imposed.Appeals under Stage 4
Appears in 1 contract
Sources: Consultants’ Contract
Disciplinary Hearing. Prior to any Disciplinary Hearing The decision maker will be the employee shall be informed in advance in writing relevant National Director, HSE or the allegations that he/she faces, the time and place of the disciplinary hearingHospital Chief Executive / General Manager as appropriate. The employee should also be informed of the range of disciplinary sanctions that may be taken if it is found after the disciplinary hearing that some or all of the allegations are proven against him. The employee concerned should also be informed that he is entitled to be represented at this hearing by a fellow employee, trade union or lawyer at his/her own expense. If any witnesses are going to be heard at the Disciplinary Hearing then the employee should be informed in advance of their names. The Disciplinary Hearing may be conducted by someone other than the designated person who conducted the Investigation. The Person who carries out the Disciplinary Hearing is called the Decision Maker. The Decision Maker may be the Principal or some other person appointed by the Principal. The Principal may at his/her sole discretion appoint an independent third party as the decision maker such as an Independent Consultant or lawyer. The Decision Maker and the employee concerned shall will be provided with a copy of the designated person’s findings arising out of the investigation together with report and all relevant documentation from and will be informed of the investigation such as minutes following in writing in advance of interviews the disciplinary hearing: • The status of the hearing, i.e. that it is a formal disciplinary hearing under Stage 4 (Dismissal or Action Short of Dismissal) of the Disciplinary Procedure; • The purpose of the hearing, i.e. to consider representations on the Consultant’s behalf and witness statementsto decide if disciplinary action is appropriate and the nature of the sanction if any; • The possible outcome of the hearing, i.e., it may result in a decision to terminate his or her employment; and • The right to be accompanied by a representative or work colleague. The Disciplinary Hearing should commence with the employee concerned being advised in detail disciplinary hearing will be conducted as follows: • The Consultant will be informed of the allegations against himpurpose of the disciplinary hearing, the nature of the allegation and the findings of the investigation. • The employee concerned, through his representative, Consultant and his/her representative will be offered have the opportunity to question present his/her accuser(s). If the employee is not represented he should be afforded the opportunity to question his accuser(s). The employee shall be afforded the opportunity to respond case in response to the allegations and give an explanation findings of the investigation. • The employee shall disciplinary hearing will allow the Consultant to raise any concerns regarding the investigation process if s/he feels that these concerns were not given due consideration by the investigation team. • The hearing will be afforded adjourned to allow the opportunity decision maker to make carefully consider the representations himself/herself or through his representative When made on the Consultant's behalf. • The hearing is complete the Decision Maker will adjourn to consider his/her decision. The Decision Maker will adjourn the matter for sufficient time to consider all matters. The Hearing will be reconvened and the Decision Maker should inform Consultant will be advised of the employee of his decision i.e. whether the allegations are proven or not. If the Decision Maker decides that the allegations are proven then he will afford the employee concerned and/or his representative the opportunity to make submissions in relation to the appropriate sanctionoutcome. The Decision Maker will adjourn again to consider the appropriate sanction. The employee concerned will be notified in writing of the outcome of the disciplinary process hearing will be confirmed to the Consultant in writing and copied to his/her representative. The decision may be that the allegation was not upheld, to take no further action, to dismiss the Consultant or to take disciplinary action short of dismissal which may include final written warning, suspension without pay or such other lesser sanction (if anyas is deemed appropriate. The Consultant will be advised of his/her right to appeal the decision. iv) imposed.Appeals under Stage 4
a) Appeals against Disciplinary Sanctions Short of Dismissal
Appears in 1 contract
Sources: Consultants' Contract