Managing Conduct and Performance Sample Clauses
The 'Managing Conduct and Performance' clause outlines the procedures and standards for addressing employee behavior and job performance within an organization. It typically sets out the steps for identifying issues, providing feedback, and implementing improvement plans, which may include formal warnings or support measures. This clause ensures that both employers and employees have a clear framework for resolving conduct or performance problems, promoting fairness and consistency in the workplace.
Managing Conduct and Performance. 14.1 Subject to clauses 14.7 and 14.8, in the event Epworth has a concern with an Employee’s performance or conduct, all reasonable efforts will be made to provide appropriate counselling to resolve the issue to both parties' satisfaction as soon as possible.
14.2 Where counselling has not been able to resolve the concern or is not considered appropriate by Epworth in the circumstances, disciplinary action may be necessary and the management representative shall notify the Employee of the reason. A first warning in writing may be issued and will be recorded on the Employee's personnel file.
14.3 Epworth will only discipline an Employee without first counselling where the concern is of such a serious nature that Epworth considers counselling is not appropriate.
14.4 If the concern continues the matter will be discussed with the Employee. A second warning in writing may be given to the Employee and recorded on the Employee's personnel file.
14.5 If the concern continues the Employee will be seen again by management. A final warning in writing may be given.
14.6 If the matter recurs, the Employee may be dismissed. No dismissals will occur without the authority of executive management.
14.7 In case of serious matters pertaining to conduct or performance Epworth may issue the Employee with a first and final warning without following the steps 14.1 to 14.6 above as an alternative to termination. A final warning shall be such that the Employee is notified that in the event that there are further performance or conduct issues the Employee may be terminated.
14.8 Notwithstanding clauses 14.1 to 14.7 above, summary dismissal of an Employee may still occur for acts of "serious and/or wilful misconduct" including as defined in the Fair Work Regulations 2009 (Cth).
14.9 If after any warning, a period of eighteen months elapses without any further warning/s or action being required, all adverse reports relating to the warning will be disregarded by Epworth for all future purposes and will be removed from the Employee's personnel file upon request by the Employee.
14.10 The Union may be involved in this matter at any time if desired by the Employee in the capacity of the Employee’s representative. Epworth may be represented by the representative of its choice.
14.11 If a dispute should arise during the disciplinary process, and the matter has not been resolved after following the dispute resolution procedure, then the matter may be referred to the FWC for resolution by c...
Managing Conduct and Performance. Clause 18 cont. Regular Part-time Employment – Reasonable Additional Hours– Clause 21.10 Part-time Review of Hours – Clause 22.1
Managing Conduct and Performance. 16.1 Where the Employer has concerns about the conduct of an Employee, or a performance issue that may constitute misconduct, the following procedure is to apply.
16.2 Where there is a complaint about the conduct of the Employees(s) immediate supervisor, the Employee(s) may first discuss the matter with another representative of the Employer.
Managing Conduct and Performance.
(a) Investigative procedure
(i) The Employer will advise the employee of the concerns in question and any allegation in writing and conduct a fair investigation having proper regard to procedural fairness and the factors set out below.
(b) Important procedural factors at this point in time include:
(i) The Employer must take all reasonable steps to give the employee a reasonable opportunity to answer any concerns or allegations.
(ii) The reason for any interview is to be explained.
(iii) The Employee is to be provided with any material which forms the basis of the concerns and any allegation against him or her and given a reasonable time to respond.
(iv) If the Employee raises an issue in his or her response to the Employer’s concerns or allegations, that warrants further investigation, the Employer shall take reasonable steps to investigate the matter, including interviewing witnesses suggested by the employee.
(v) A reasonable opportunity is to be provided for a support person or representative of the Employee’s choice to attend all interviews or meetings conducted by the Employer with the employee.
(vi) The investigation will be conducted in a timely manner which balances the need to conduct a fair and thorough investigation with the objective of not exacerbating a stressful situation for the employee or other staff. The employee will strive to limit any stand down to only the period necessary to conduct a thorough and fair investigation.
(c) Disciplinary procedure
(i) Where disciplinary action may be necessary, the management representative shall notify the Employee of the issues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employer considers the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
(ii) If there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If the Employer considers appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
(iii) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If the Employer considers appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(iv) ...
Managing Conduct and Performance. 12.1 Subject to sub-clauses 12.2, 12.7, 12.8 and 12.13, in the event that Epworth determines that an issue or concern regarding the conduct and/or performance of an Employee(s) has arisen, all reasonable efforts will be made to provide appropriate counselling to resolve the issue as soon as possible. Such counselling may be recorded in writing and held on the employee’s file.
12.2 Where counselling has not been able to resolve the issue/concern, or where Epworth has determined that counselling was not appropriate for the circumstance(s), disciplinary action may be necessary and the management representative shall notify the Employee of any such concerns.
12.3 Where disciplinary action is warranted, an Investigative Procedure will be conducted. The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation must be fair including proper regard to procedural fairness. Epworth will:
(i) advise the Employee of the concerns and allegations in writing;
(ii) provide the Employee with any material which forms the basis of the concerns before seeking a response;
(iii) ensure the Employee is provided a reasonable opportunity to answer any concerns including a reasonable time to respond;
(iv) advise the Employee of their right to have a support person or chosen representative, including a Union representative;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate and or consider the Employee’s response.
Managing Conduct and Performance