Counselling and Disciplinary Procedure Sample Clauses

The Counselling and Disciplinary Procedure clause outlines the steps an employer will follow when addressing employee misconduct or performance issues. Typically, this involves an initial counselling or warning stage, followed by formal disciplinary actions if the problem persists, such as written warnings, suspension, or termination. This clause ensures that employees are treated fairly and consistently, providing a clear process for resolving workplace issues and helping to protect both parties from arbitrary or unjust actions.
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Counselling and Disciplinary Procedure. ‌ 3.1 In the event that an Employee fails to maintain standards of conduct and/or standards of performance after the first six (6) months of employment under this Agreement the following procedures will apply: (a) The Employer will have a discussion with the Employee in which it will advise the Employee of the allegation of misconduct or unsatisfactory performance. (b) The Employee will have the opportunity to respond to the allegations and provide an explanation. (c) If a satisfactory explanation is not provided, and subject to the facts being established, as well as taking into account any mitigating factors, the Employer may issue a written warning to the Employee concerned.
Counselling and Disciplinary Procedure. 24.1. The procedures for investigating and dealing with alleged under-performance and misconduct set out below will be applied in an even-handed, fair and transparent way. The process will give employees every opportunity to respond to allegations against them, and to understand and meet the required standards of job performance and personal behaviour. 24.2. AWU members are entitled to be represented by the AWU or AWU Company or Project Delegate or any other representative of their choosing at any and every stage of any disciplinary process if the Employee so choose. Employees who are not AWU members may also choose to be represented by the AWU or AWU Company or Project Delegate or another representative of their own choosing. The representative will be entitled to speak on the employee’s behalf during any discussions or meetings. 24.3. An Employee may nominate an AWU Official as their representative at any stage of any disciplinary process in which they are involved. 24.4. Meetings and/or discussions will be scheduled during the ordinary working hours of the relevant Employee(s). If a number of Employees are parties to the disciplinary process and their ordinary working hours vary, the meetings and/or discussions will be scheduled during the ordinary working hours of the majority of these Employees. 24.5. The Company must release all Employees relevant to the disciplinary procedure including the AWU Delegate or other Employee Representative without loss of pay to attend any discussions and/or meetings as required. 24.6. If an allegation made against an Employee, an independent person external to the matter/ allegation agreed by the Employee and Company shall investigate the allegation. 24.7. An Employee will be granted a proper opportunity to respond to any allegations. To that end: a) The Employee will be provided copies of any relevant material that the Company or investigator will take into account when deciding whether the allegation is made out, and be given an opportunity to comment on that material; b) The Employee will be allowed to gather evidence in relation to the allegation; c) All allegations must be put in writing to the Employee, d) The Employee and/or their representative may access to any person who may be a witness or able to provide evidence on their behalf. The Employee and/or their representative must act lawfully in exercising this access at all times. 24.8. If the allegation is made, the Company will: a) Explain clearly the standard...
Counselling and Disciplinary Procedure. (i) The parties recognise that both management and employees share a responsibility for establishing and maintaining acceptable levels of job performance and behaviour. Adequate job training, a clear definition of each individuals roles and responsibilities, performance feedback and fair and effective supervision are essential in ensuring appropriate standards of work performance are maintained. (ii) Where an employee’s work performance and/or work behaviour does not meet the required standard, counselling and assistance will take place in the following manner. The aim of the process is to improve performance and/or work behaviour. (iii) Verbal Counselling - Where an employee’s Leading Hand/Coordinator/Manager observes that an employee’s work performance and/or behaviour is not meeting the required standard, the Leading Hand/Coordinator/manager will initiate discussions with the individual. This discussion will cover: (a) The nature of the problem, (b) Employee’s reasons and concerns, (c) Ideas for addressing the problem (d) Agreement on specific action to rectify the problem (e) A timetable for improvement and review (f) The employee will be advised of the possible consequences of a lack of improvement. (iv) Written Warning - Where the employee’s performance and/or behaviour have not improved to an acceptable standard, a further discussion will be held with the Coordinator/Manager. The discussion will cover the points outlined in point 28.3 above. The employee will be advised that failure to improve may lead to further disciplinary action being taken up to and including dismissal. (v) Final Written Warning - - Where following the issue of a written warning the employee’s performance and/or behaviour have still not improved to an acceptable standard, a further discussion will be held with the Coordinator/Manager. The discussion will cover the points outlined in point (iii) above. A final written warning will be issued. The employee will be advised that failure to improve may lead to further disciplinary action being taken up to and including dismissal. (vi) Dismissal - Where following the issue of a Final Written Warning the employee’s performance and/or behaviour have still not improved to an acceptable standard, a further discussion will be held with the Coordinator/Manager. The discussion will cover (a) The nature of the problem (b) The employee’s explanations or reasons (c) After considering the explanations or reasons given by the employee the Coordin...
Counselling and Disciplinary Procedure. The Company and Employees will consult on a regular basis to ensure clear understanding by all Parties of expected performance outcomes. Regular feedback should be given to Employees by supervisors regarding such expected performance outcomes.
Counselling and Disciplinary Procedure. This procedure is to be followed for all disciplinary cases, for cases of unsatisfactory performance or conduct, or for breaches of procedures including safety, environmental, sexual harassment or drugs and alcohol procedures.
Counselling and Disciplinary Procedure. This Procedure shall not apply where actions and/or behaviour of an employee are such as to constitute grounds for summary dismissal. In any reasonable case where the actions and/or behaviour of an employee are unacceptable to the employer the employee shall be counselled. This will be “on the run” and is part of the day to day working relationship. The employee will be advised that this is the informal stage of counselling. Should the counselling “on the run” be unsuccessful, the employee shall be formally counselled in the presence of the Union delegate or any other authorised representative. The employer shall clearly identify the unacceptable actions and/or behaviour and advise in writing on corrective measures and a review date. Where the formal counselling has failed to correct the unacceptable actions and/or behaviour a further review will occur and will incorporate a final written warning to the employee identifying the unacceptable actions and/or behaviour, the corrective measures and a review date. Where the formal counselling has failed to correct the unacceptable actions and/or behaviour a further review will occur and will incorporate a final written warning to the employee identifying the unacceptable actions and/or behaviour, the corrective measures required, review date and advising of subsequent steps which may be taken. If no change occurs by the review date and after reviewing of all facts the employer may exercise the options available and downgrade the employee or provide alternative non driving duties or direct the employee on disciplinary leave or give notice or termination. Where warnings have been made under the procedure prescribed herein and a subsequent review shows that the appropriate corrective measures have been taken by the employee, then the warning shall be withdrawn from the employee’s file after the expiration of a 12 month period. Consideration of previous driving records/history should be taken into account prior to recommending disciplinary action.
Counselling and Disciplinary Procedure. 10.1 Following an investigation, where the Company has determined misconduct has occurred, the following disciplinary process will be applied. The application of this procedure together with the circumstances and the severity of each case, will determine the appropriate step/s to be taken with respect to an Employee by the Company. The relevant steps are: (a) Step 1. An Employee may be verbally counselled. Where requested by the Employee, the counselling will be in the presence of an Employee representative or support person. Written notice of the verbal counselling will be provided to the Employee and a copy will be placed on the Employee’s file. (b) Step 2. An Employee may be counselled in the form of a written warning. Where requested by the Employee, the counselling will be in the presence of a representative or support person and the warning will be confirmed in writing. A copy of the warning will be provided to the Employee and placed on the Employee’s file. (c) Step 3. An Employee may be issued a final written warning. Where requested by the Employee, the Company representative will conduct the counselling in the presence of a representative or support person and the final warning will be confirmed in writing, and the Employee will be advised that dismissal may result from any further acts of misconduct. A copy of the warning will be provided to the Employee and placed on the Employee’s file. A Step 3 warning will be only issued where the Employee has: i. received a previous warning or warnings; or ii. engaged in serious or willful misconduct that does not warrant termination. 10.2 The role of the representative or support person requested by an Employee to be present under this clause is to act in a confidential and objective manner. The Employee will be responsible to ensure this occurs. The representative or support person may ask questions regarding the process and speak to the Company representative during the process, however it is not the representative or support person’s role to disrupt the process, to directly speak for the Employee or to answer questions on behalf of the Employee. The representative or support person may make reasonable requests for breaks during the disciplinary process to speak privately with the Employee. 10.3 Where the Employee disputes the legitimacy of the verbal or written warning, the matter will be dealt with in accordance with the dispute settlement procedure, provided that the dispute is raised by the Employee ...
Counselling and Disciplinary Procedure. In the event of Kordia™ considering taking corrective action as a result of an employee’s behaviour or performance, the employee concerned shall be subject to this Counselling and Disciplinary procedure. Where a formal procedure is initiated, the employee shall be advised of his/her right to have a support person present for the meeting. The role of the support person is to provide support, not to advocate on behalf of the employee. The formal procedure will incorporate: 1st instance – a formal verbal warning of which the parties shall retain a record of discussions. 2nd instance – a written warning issued by the employee’s Regional Manager including: • Details of the unacceptable behaviour/performance. • Details of the expected standard of behaviour/performance and the time frame within which such behaviour/performance shall occur and • The consequences of failing to meet the acceptable standard. 3rd further instance – termination of employment providing a full and proper investigation has occurred. Not withstanding the above, the employer shall have the right to bypass any of the steps outlined above depending on the seriousness of the matter and to dismiss any employee without notice for conduct that justifies instant dismissal, including misconduct, malingering, neglect of duty etc, and in such cases wages shall be paid up to the time of dismissal only.
Counselling and Disciplinary Procedure. 9.2.1 If an employee fails to maintain satisfactory performance levels, the following Counselling Procedure will be applied. 9.2.2 Step 1 Verbal Warning/Counseling (a) An explanation of the concerns about the employee, together with CPB expectations, will be clearly outlined in the presence of another employee (who is on the job and available) of the employee's choice. The employee may also elect not to have an employee witness this verbal warning / counselling. (b) The employee will be given right of reply to the verbal warning / counselling. (c) The employee being counseled will be made aware of the standards of improvement required. (d) This will constitute the first warning, which is to be documented.
Counselling and Disciplinary Procedure. After initial counselling and where employee/s continue to transgress reasonable employment requirements the employee/s shall be subject to the following procedures: a) First verbal Warning (noted on Personnel File). b) First Written Warning (at this stage a copy of the first Written Warning shall also be sent to the Civil Pacific Pty Ltd Pty Ltd Construction Manager). c) Final Written Warning (at this stage a copy of the final Written Warning shall also be sent to the Civil Pacific Pty Ltd Fly Ltd Construction Manager). d) Termination of employment by the company (the Civil Pacific Pty Ltd Pty Ltd Construction Manager shall also be informed when termination(s) takes place). On each occasion/incident warranting use of the disciplinary procedure the company will undertake an investigation into the incident, this may require the participation of concerned employees in an interview process. In the above procedures the employee/s concerned shall be made aware of his/her entitlement to have an employee representative or a witness present. A request for a witness or an employee representative to be present, shall not be unreasonably withheld. Notwithstanding the above, the company shall have the right to dismiss an employee without notice for serious conduct that justifies instant dismissal and in such cases the wages shall be paid up to the time of dismissal only. Similarly, rf severity of the circumstances warrant, one or more of the steps of the procedure may be by-passed to enable adequate attention to be given to any incident.