Common use of Managing Conduct and Performance Clause in Contracts

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 conciliation and, where the matter in dispute remains unresolved, by arbitration in accordance with clause 13 of this Agreement. 14.12 This clause shall not apply until the Employee has completed a period of employment with Epworth of at least the minimum employment period as prescribed in the Act (six

Managing Conduct and Performance. 14.1 Subject to clauses 14.7 a) Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an employee has been addressed with that employee in accordance with the Employer’s relevant Policy which will include key steps and 14.8, in the event Epworth has a concern with requirements of 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 possibleinvestigation. 14.2 b) 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 necessary, the management representative Employer shall notify the Employee employee of the reasonreason(s) in writing and the employee will be given an opportunity to respond to these reasons. A In the event that the Employee's explanation is deemed by the Employer to be unsatisfactory, a first warning in writing may be issued and issued. This warning will be recorded on the Employee's personnel file. 14.3 Epworth c) If there are further performance or conduct issues, the Employee will only discipline an Employee without first counselling where the concern is again be notified in writing of such a serious nature that Epworth considers counselling is not appropriate. 14.4 If the concern continues the matter will be discussed with and an explanation requested from the Employee. A If appropriate, a second warning in writing may will be given to the Employee and recorded on the Employee's personnel file. 14.5 If d) In the concern continues event of further performance or conduct issues, the Employee will again be seen again by management. A final warning notified in writing may of the matter and an explanation requested. If appropriate, a final written warning will be givenissued to the Employee and recorded on the Employee's personnel file. 14.6 If e) In the matter recursevent of further performance or conduct issues, then the Employee may be dismissed. No dismissals will occur without terminated after the authority of executive managementmatters have been investigated and an explanation sought from the Employee. 14.7 In case of f) Notwithstanding the above process, for serious matters pertaining to conduct or performance Epworth the Employer may also issue a "final warning" in the Employee with a first and final warning without following the steps 14.1 to 14.6 above as an alternative to terminationinstance. A "final warning 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. Further, summary dismissal of an Employee may still occur for acts of "serious and/or wilful misconduct" including as defined ". g) During all steps in the Fair Work Regulations 2009 (Cth). 14.9 If after any warningConduct and Performance Management, 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 has the capacity right to representation of the Employee’s representativetheir choice. Epworth The Employer may be represented by the representative of its their choice. 14.11 If h) Records relating to disciplinary procedures will be disregarded where a dispute should arise during continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the disciplinary process, and the matter has not been resolved personnel file after following the dispute resolution procedure, then the matter may be referred to the FWC for resolution by conciliation and, a period of two (2) years where the matter in dispute remains unresolved, by arbitration in accordance with clause 13 of this Agreementno further warning/s arise. 14.12 i) This clause shall not apply apply: i. to casual Employees; ii. until the Employee has completed a period of employment with Epworth the Employer of at least the minimum employment period as prescribed in the Act (sixsix months.

Managing Conduct and Performance. 14.1 Subject 59.1 The Employer will afford Employees a fair and reasonable process designed to clauses 14.7 promote constructive and 14.8, in positive workplace behaviour and a high level of performance. 59.2 In the event Epworth the Employer has a reasonable concern with an Employee’s performance or conductconduct of an employee that requires resolution, all reasonable efforts will be made to provide appropriate counselling to resolve the issue concern to both parties' satisfaction as soon as possible. 14.2 59.3 Where counselling has not been able to resolve the concern or the concern is not considered appropriate by Epworth in the circumstancesof a more serious nature, disciplinary action may be necessary and the management representative shall Employer will notify the Employee of the reason. The Employee will be provided an opportunity to respond to these concerns. A first warning in writing may be issued where the concern has been substantiated 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 59.4 If the concern continues the matter will be discussed with outlined to the EmployeeEmployee in writing. The Employee will be provided an opportunity to respond to these concerns. A second warning in writing may be given to issued where the Employee concern has been substantiated and will be recorded on the Employee's personnel file. 14.5 59.5 If the concern continues after the second warning the concern will again be outlined to the Employee in writing. The Employee will be seen again by managementprovided an opportunity to respond to these concerns. A final warning in writing may be givenissued where the concern has been substantiated and will be recorded on the Employee's personnel file. 14.6 59.6 If the matter recurs, the Employee may be dismissed. No dismissals will occur without the authority of executive management. 14.7 59.7 In case of serious matters pertaining to conduct or performance Epworth MHPH may issue the Employee with a first and final warning without following the steps 14.1 to 14.6 above as an alternative to terminationin subclauses above. 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 59.8 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)2009. 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 conciliation and, where the matter in dispute remains unresolved, by arbitration in accordance with clause 13 of this Agreement. 14.12 This clause shall not apply until the Employee has completed a period of employment with Epworth of at least the minimum employment period as prescribed in the Act (six

Managing Conduct and Performance. 14.1 Subject to clauses 14.7 and 14.8(a) Except as provided at 28.3, where an employer has concerns about the conduct of an employee or a performance issue that may constitute misconduct, the following procedure will apply: I. The concern or issue will be investigated; and II. A disciplinary procedure will be followed if the matter cannot be resolved informally. (b) If appropriate, concerns about the conduct of an employee or a performance issue will be dealt with in an informal manner in the event Epworth has a concern with an Employee’s performance or conduct, all reasonable efforts first instance. (c) An employee will be made provided a reasonable opportunity to provide appropriate counselling be represented at any time (including by the ANMF) with respect to resolve the issue to both parties' satisfaction as soon as possibleall matters set out in clause 28. 14.2 Where counselling has not been able (d) The employer will notify the employee of the concerns and allegations in writing, providing any evidence or material relevant to resolve the concern or is not considered appropriate by Epworth allegation, and giving the employee a reasonable opportunity to answer including a reasonable time to respond. (e) Organisational Policies and Processes will be followed in the circumstances, all instances of conduct and performance issues and all matters set out in clause 28. (f) Where disciplinary action may be necessary and necessary, the management representative shall notify the Employee of the reasonissues in writing and the Employee will be given an opportunity to respond to these issues. A In the event that the Employee's response is unsatisfactory, a first warning in writing may be issued and issued. This warning will be recorded on the Employee's personnel file. 14.3 Epworth (g) If there are further performance or conduct issues, the Employee will only discipline an Employee without first counselling where the concern is again be notified in writing of such a serious nature that Epworth considers counselling is not appropriate. 14.4 If the concern continues the matter will be discussed with and a response requested from the Employee. A If appropriate, a second warning in writing may will be given to the Employee and recorded on the Employee's personnel file. 14.5 If (h) In the concern continues event that there are further performance or conduct issues, the Employee will again be seen again by management. A final warning notified in writing may of the matter and a response requested. If appropriate, a final written warning will be givenissued to the Employee and recorded on the Employee's personnel file. 14.6 If (i) In the matter recursevent of' further performance or conduct issues, then the Employee may be dismissed. No dismissals will occur without terminated after the authority of executive managementmatters have been investigated and reasons sought from the Employee. 14.7 In case of (j) Notwithstanding the above process, for serious matters pertaining to conduct or performance Epworth the Employer may also issue a "final warning" in the Employee with a first and final warning without following the steps 14.1 to 14.6 above as an alternative to terminationinstance. A "final warning warning" shall be such that the Employee employee is notified that in the event that there are further performance or conduct issues the Employee employee may be terminated. 14.8 Notwithstanding clauses 14.1 to 14.7 above. Further, termination or 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 (k) Any dispute over this clause shall 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 conciliation and, where the matter in dispute remains unresolved, by arbitration dealt with in accordance with clause 13 the Dispute Resolution Procedure of this Agreement. 14.12 This clause shall not apply until the Employee has completed (l) Records relating to disciplinary procedures will be disregarded where a continuous period of employment with Epworth of at least the minimum employment period as prescribed in the Act (six12 months elapses without further warning/s.

Managing Conduct and Performance. ‌ 14.1 Epworth will afford Employees a fair and reasonable process designed to promote constructive and positive workplace behaviour and a high level of performance. 14.2 Subject to clauses 14.7 and 14.814.8 below, in the event Epworth has a concern with an Employee’s performance or conductconduct of an Employee that requires resolution, all reasonable efforts will be made to provide appropriate counselling to resolve the issue concern to both parties' satisfaction as soon as possible. 14.2 14.3 Where counselling has not been able to resolve the concern or the concern is not considered appropriate by Epworth in the circumstancesof a more serious nature, 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 after the second warning the Employee will may 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 in sub-clauses 14.1 to 14.6 above as an alternative to termination14.5 above. 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 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)2009. 14.9 If after any warning, a period of eighteen (18) months elapses without any further warning/s warnings 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 personal file upon request when requested by the Employee. Epworth will not refuse this request and the previous warning will not be relied upon for future disciplinary purposes, including in the event that the Employee omitted to request the removal of the warning after 18 months. 14.10 The Union ANMF may be involved in this matter at any time if desired appointed by the Employee in the capacity of as the Employee’s representative. Epworth may be represented representative by the representative of its choiceEmployee. 14.11 If a dispute should arise during the disciplinary process, and the matter has not been resolved after by following the dispute resolution procedureprocedure in accordance with clause 13, then the matter may shall be referred to the FWC for resolution by conciliation andconciliation, and where the matter in dispute remains unresolved, by arbitration in accordance with clause 13 of this Agreementarbitration. 14.12 This clause shall not apply until the Employee has completed a period of employment with Epworth of at least the minimum employment period as prescribed in the Act (six6 months).