Formal Disciplinary Procedure Clause Samples
A Formal Disciplinary Procedure outlines the official steps an organization must follow when addressing employee misconduct or performance issues. Typically, this process involves a series of warnings, meetings, and opportunities for the employee to respond, often escalating from informal discussions to written warnings and, if necessary, to termination. The core function of this clause is to ensure fairness and consistency in handling disciplinary matters, protecting both the employer and employee by providing a clear, structured approach to resolving workplace problems.
POPULAR SAMPLE Copied 1 times
Formal Disciplinary Procedure. When the Vice President for Academic Services or the Vice President for Student Services becomes aware of a unit member’s conduct, and deems that such conduct is unprofessional or unacceptable, whether such knowledge comes through direct personal observation or through complainant report, the Vice President may initiate a disciplinary action against the unit member, utilizing the following procedure.
Formal Disciplinary Procedure. If, following the investigation, the appropriate designated manager decides to continue formal action in relation to the allegation of gross misconduct, the subsequent formal disciplinary procedure shall be consistent with the provisions of NAECI 15.7 and 15.8.
Formal Disciplinary Procedure. (A) The formal disciplinary procedure will be involved in cases of more serious misconduct or breaches of the rules, or persistent minor breaches which have not been remedied by informal counselling (see Clause 1 (D) above). Normally the procedure will follow the stages listed below.
(i) The first formal step is a verbal warning, administered by the Board. The fact that a warning has been given, by whom, when, and for what reason will be recorded on the executive's personal file. The Board will advise the executive of the standards of conduct required by him or her, and of the consequences of failure to maintain them.
(ii) Stage 2 is a first formal written warning, administered by the Board. A copy of the warning will be placed in the executive's personal file. The warning will specify the matters of complaint against the executive.
(iii) Stage 3 is a final written warning, administered by the Board. The details of the warning will be as at stage 2, with relevant previous disciplinary action, the improvements in conduct required to be achieved and maintained, the duration of the warning and the consequences of failure to respond as required. Additionally the warning will make it clear that further misconduct, breaches of rules or failure to comply with the warning will lead to the risk of dismissal.
(iv) Stage 4 is dismissal. Only the Board has the authority to dismiss. Dismissal will be reserved for cases where the disciplinary procedure has failed to elicit acceptable standards of conduct from the executive, or cases of gross misconduct or serious breaches of the rules or action indicating unfitness for the responsibilities held by the executive.
(v) Dismissal will take effect immediately (without prejudice to the executive's rights of appeal). Payment in lieu of notice will be at the discretion of the Board.
Formal Disciplinary Procedure. 76.4. In cases where informal counselling has proven unsuccessful, disciplinary procedures can be instigated by the Employer to address matters of unsatisfactory performance or conduct. Managers must seek the advice of the Human Resources Manager prior to commencing any formal disciplinary procedures.
76.5. The outcome may result in a first written warning which must indicate:
(a) The standard of performance or conduct expected of the Employee.
(b) Where and how the Employee is not meeting this standard.
(c) The consequences if the Employee fails to improve their performance or conduct.
76.6. If the Employee does not improve his/her performance or conduct after being issued with a first written warning, the Employee will be issued with a final written warning stating that the Employee’s employment may be terminated in the event of further performance or conduct issues.
76.7. It is not intended in this procedure that Maari Ma may only terminate an Employee for instances of the same disciplinary matter. Termination may occur for separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of Maari Ma and/or has failed to meet the requirements of Maari Ma after appropriate counselling and warning has taken place.
76.8. Nothing in this procedure shall limit the right of Maari Ma to summarily dismiss an Employee for serious misconduct.
Formal Disciplinary Procedure. Where an employee’s conduct or work performance does not meet the required standards despite counselling and cautioning, or where a suspected breach of discipline or performance is deemed sufficiently serious enough to bypass the counsel and caution stage of the procedure, the matter will be dealt with under the formal disciplinary procedure. The following non exhaustive list indicates the types of conduct that may lead the Company to invoke formal disciplinary procedures:
a) Unauthorised absence,
b) Poor timekeeping,
c) Breach of leave policies,
d) Sub standard work performance,
e) Refusal to obey line management instructions,
f) Unacceptable behaviour towards customers / colleagues.
Formal Disciplinary Procedure a) If charges against a Student have been formulated and the Student denies the charge(s) against him/her, the Registrar may convene a disciplinary investigation by the Disciplinary Committee. The committee will determine whether the Student is guilty of the alleged misconduct and decide on disciplinary measures in accordance with this Student Code of Conduct.
b) The written charge shall be compiled and delivered to the Student concerned. In the document the Student shall be summoned to appear at the specific date, time and venue stated in the document in order to answer to the charge.
c) A Student shall be entitled to be accompanied by his/her parent(s) or legal guardian and/or qualified and practicing legal representative during the disciplinary proceedings. The Chairperson of the Disciplinary Committee may give permission to a third party other than the parent(s) or guardian of the Student to assist the Student. This third party will be allowed to provide general support to the Student, but shall not act as a legal representative.
d) Should the Student decide to retain the services of a qualified and practicing legal representative, such services shall be retained entirely at his/her discretion and at his /her own expense. The name and contact details of such legal representative must be submitted to the Registrar prior to the date of the disciplinary proceedings. Neither the Institution nor the Student shall, during the course of a disciplinary proceeding, have any claim against each other pertaining to the costs incurred by a party in respect of legal representation.
e) The procedure followed during any disciplinary proceeding shall be determined by the Chairperson of the Disciplinary Committee. • Is provided with sufficient details of the charge(s) against him/her. • Is afforded reasonable time to prepare for the proceedings. • Does not have to incriminate himself/herself. • Is asked whether he/she understands the charge(s) and is requested to enter a plea of guilty or not guilty to the charge(s). • Is permitted to call witnesses to give evidence in his/her favour. • Is allowed to cross examine anyone who gives evidence against him/her. • Is allowed to present his/her case to the Disciplinary Committee. • Is allowed to address the Disciplinary Committee on any relevant aspect. • Is allowed to present mitigating circumstances if found guilty of any charge(s) against him/her. • Is entitled to be informed of any further internal processes (any possible appe...