Common use of Formal Action Clause in Contracts

Formal Action. (a) Where concerns about an employee’s conduct and/or work performance have not been resolved under routine supervision, or where routine supervision may not be appropriate, formal disciplinary action may be taken by ACON. All formal disciplinary action must be documented. (b) An employee must be informed in advance that they are required to attend a disciplinary meeting. At the disciplinary meeting, the employee must be provided with documentation stipulating the unsatisfactory behaviour. The employee must then be given time to formally respond to the allegations (for example, 24 hours) after which the meeting is to reconvene. (c) Once the employee’s response has been considered and formal action is to be taken, the formal action must be documented and must state the period of time after which the employee’s behaviour will be reviewed. Any assistance such as training, provision of appropriate resources or support should be identified and provided. The documentation should also state that failure to improve performance or cease the conduct of concern may result in further disciplinary action, including termination of employment. The employee should be asked to sign the documentation and it should be placed on their personal file.