Disciplinary Procedure. 61.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file. 61.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file. 61.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file. 61.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated. 61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3. 61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice. 61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 8 contracts
Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Disciplinary Procedure. 61.1 37.1 Where disciplinary action may be necessary, the management representative shall notify the Employee employee of the issues in writing and the Employee employee will be given an opportunity to respond to these issues. In the event that the Employeeemployee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employeeemployee’s personnel file.
61.2 37.2 If the problem continues, the Employee employee will again be notified in writing of the matter and a response requested from the Employeeemployee. If appropriate, a second warning in writing will be given to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.3 37.3 In the event that the problem continues, the Employee employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.4 37.4 In the event of the matter recurring, then the Employee employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the employee.
61.5 37.5 Summary dismissal of an Employee employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Workplace Relations Act 20091996 (Cth)). Where an allegation of ‘serious misconduct’ is proven and the Employeremployer, having considered all the circumstances does not wish to terminate the Employeeemployee’s employment, a warning may be issued under Clauses 61.2 paragraph 37.2 or 61.337.3 of this provision.
61.6 37.6 During all steps in the Disciplinary Procedure, the Employee employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 37.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Disciplinary Procedure. 61.1 58.1 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 Employee’s response is deemed by the organisation to be unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 58.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 58.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 58.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated. No Employee will be terminated without the authority of the CEO or his/her delegate.
61.5 58.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009)’. Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 clauses 59.2 or 61.359.3.
61.6 58.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇HWU. The Employer may be represented by the a representative of their choice. However, the representative of the Employee or Employer cannot be a lawyer acting in a professional capacity.
61.7 58.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise. However, the Employer may retain the records to the extent required by legislation.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 36.1 Where disciplinary action may be necessary, the management representative shall notify the Employee employee of the issues in writing and the Employee employee will be given an opportunity to respond to these issues. In the event that the Employeeemployee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employeeemployee’s personnel file.
61.2 36.2 If the problem continues, the Employee employee will again be notified in writing of the matter and a response requested from the Employeeemployee. If appropriate, a second warning in writing will be given to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.3 36.3 In the event that the problem continues, the Employee employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.4 36.4 In the event of the matter recurring, then the Employee employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the employee.
61.5 36.5 Summary dismissal of an Employee employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Workplace Relations Act 20091996 (Cth)). Where an allegation of ‘serious misconduct’ is proven and the Employeremployer, having considered all the circumstances does not wish to terminate the Employeeemployee’s employment, a warning may be issued under Clauses 61.2 paragraph 36.2 or 61.336.3 of this provision.
61.6 36.6 During all steps in the Disciplinary Procedure, the Employee employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 36.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Collective Agreement
Disciplinary Procedure. 61.1 (a) 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇their union. The Employer may be represented by the representative of their choice.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 Where disciplinary action may be necessary, the management representative shall notify the Employee of the issues concerns in writing and the Employee will be given an opportunity to respond to these issuesconcerns. In the event that 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.
61.2 . The concerns at 12.1 must relate to conduct or performance alleged to have occurred no longer than 6 months prior to the employee being notified in writing of the allegation(s). If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 . In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 . In the event of the matter recurring, then the Employee may be terminated after the matters matter/s have been investigated and is found to be substantiated.
61.5 reasons sought from the Employee. Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009▇▇▇ ▇▇▇▇ (Cth). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 paragraph 12.2 or 61.3.
61.6 12.3 of this provision. During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF ANMF, AWU, HWU or ▇▇▇ASU. The Employer may be represented by the representative of their choice.
61.7 . Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records s and records relating to these disciplinary procedures will be removed from the employee’s personnel file after file. ANTI-DISCRIMINATION It is the intention of the respondents to this agreement to achieve the principal object of the Fair Work ▇▇▇ ▇▇▇▇ through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. Nothing in this clause is to be taken to affect: any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; the payment of different wages for employees who have not reached a period particular age; an employee, employer or registered organisation, pursuing matters of two (2discrimination in any State or Federal jurisdiction, including any application to the Human Rights and Equal Opportunity Commission; the exemptions in 351(2) years where no further warning/s ariseof the Act.
Appears in 1 contract
Sources: Collective Agreement
Disciplinary Procedure. 61.1 (a) Where disciplinary action may be necessarynecessary for performance or behaviour issues, 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 Employee’s 's response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s employee's personnel file.
61.2 (b) If the problem continuesperformance or behaviour issues continue, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s 's personnel file.
61.3 (c) In the event that the problem continuesof performance or behaviour issues continuing, the Employee will again be notified in writing of the matter and a response requestedrequested from the employee. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 (e) The disciplinary procedure process is not limited to the same performance/behaviour issue.
(f) Summary dismissal of an Employee may still occur for acts of ‘'serious misconduct’ ' (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (g) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Nurses Enterprise Agreement
Disciplinary Procedure. 61.1 59.1 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.
61.2 59.2 If the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If the Employer considers it appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 59.3 In the event that the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested. If the Employer considers it appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 59.4 In the event of the matter recurringfurther conduct or performance issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought by the Employee.
61.5 Summary 59.5 Notwithstanding the above process, for serious matters pertaining to conduct or performance, the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009Act). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 59.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇HWU. The Employer may be represented by the representative of their choice.
61.7 59.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
59.8 The clause shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period as prescribed in the Fair Work Act.
Appears in 1 contract
Disciplinary Procedure. 61.1 10.1 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 the Employer considers that the Employee’s response is Employee unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 10.2 If the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested required from the Employee. If the Employer considers it appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.on
61.3 10.3 In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requestedrequired. If the Employer considers it appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.the
61.4 10.4 In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary 10.5 Where matters are sufficiently serious that the processes described at 10.1, 10.2 and 10.3 are inappropriate, the Employer may issue a (first and) final warning be such that the Employee is notified that in the event that there are further performance or conduct issues the Employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 10.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇HWU. The Employer may be represented by the representative of their choice.
61.7 10.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
10.8 This clause shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period as prescribed in the Act.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 12.1. Where disciplinary action may be is 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 issuesreason(s). In the event that the Employee’s response is unsatisfactory, a The first warning in writing may shall be issued. This warning will verbal and shall be recorded on the Employee’s personnel file. The Employee’s chosen representative shall be present, if desired by either party.
61.2 If the problem continues12.2. Where further disciplinary action is necessary, the matter will be discussed with the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file. The Employee’s chosen representative shall be present, if desired by either party.
61.3 In the event that the problem continues12.3. Where further disciplinary action is necessary, the matter will be discussed with the Employee will again be notified and a final warning in writing of the matter and a response requested. If appropriate, a final written warning will be issued given to the Employee and recorded on the Employee’s personnel file. The Employee’s chosen representative shall be present, if desired by either party.
61.4 In 12.4. Where further disciplinary action is necessary, then the event Employee’s employment may be terminated. No dismissals are to take place without the authority of the matter recurringrelevant General Manager.
12.5. Where it is determined that disciplinary action is necessary, then and the issue is serious enough that a first verbal warning is inappropriate, yet does not warrant summary dismissal, the Employee may be terminated after given a first and final warning. The first and final warning shall be given in writing and shall be recorded on the matters have been investigated and is found to Employee’s personnel file. The Employee’s chosen representative shall be substantiatedpresent, if desired by either party.
61.5 12.6. Summary dismissal of an Employee Employee’s employment may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009).
12.7. Where an allegation of ‘serious misconduct’ is proven and the EmployerIf, having considered all the circumstances does not wish to terminate the Employee’s employmentafter any warning, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without any further warning/s. Records disciplinary action being required, all adverse reports relating to disciplinary procedures will the warning(s) must be removed from the Employee’s personnel file after a period of two (2) years where no further warning/s arisefile.
Appears in 1 contract
Sources: Collective Agreement
Disciplinary Procedure. 61.1
42.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 42.2 If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 42.3 In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 42.4 In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary 42.5 Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 42.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 42.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
42.8 This clause shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period as prescribed for in the FW Act.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 (a) 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee Employee’s employment may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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’s employment may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇ANMF. The Employer may be represented by the representative of their choice.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
(h) This clause shall not apply until the personnel file after Employee has completed a period of two employment with the Employer of at least the minimum employment period as prescribed in the Act (2) years where no further warning/s arise6 months).
Appears in 1 contract
Sources: Maryvale Private Hospital Nurses Enterprise Agreement 2022
Disciplinary Procedure. 61.1 (a) 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 the Employer considers that 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.
61.2 (b) If the problem continuesthere 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 In the event the Employer considers it appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If In the event the Employer considers it appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary ProcedureProcedure referred to in this clause, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇ANMF. The Employer may be represented by the representative of their choice. The procedure may be delayed due to the unavailability of the Employee’s chosen representative. However, in accordance with the principles of natural justice, disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the unavailability of the Employee’s chosen representative.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
(h) This clause shall not apply until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Act.
Appears in 1 contract
Sources: Nurses Enterprise Agreement
Disciplinary Procedure. 61.1 (a) Where disciplinary action may be necessary, the management Employer 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇Health Services Union. The Employer may be represented by the representative of their choice. A reasonable opportunity is to be provided for a representative to represent an Employee, and therefore the procedure may be delayed due to the unavailability of the Employee’s chosen representative. However, matters are to be dealt with in a timely manner and the disciplinary process will not be unreasonably delayed on account of the unavailability of the Employee’s chosen representative.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
(h) This clause 54 shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period of six (6) months as prescribed in section 383 of the Act. In the case of an Employee in this minimum employment period, where disciplinary action may be necessary, the Employer representative shall notify the Employee of the issues and the Employee will be given an opportunity to respond to these issues.
Appears in 1 contract
Disciplinary Procedure. 61.1 (a) Where disciplinary action may be necessary, a representative of the management representative Employer 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice. While the Disciplinary Procedure may be delayed due to the unavailability of the Employee’s chosen representative, the process will not be unreasonably delayed for this reason.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
(h) This clause shall not apply until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Fair Work Act 2009.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 54.1 The Employer commits itself to effective disciplinary procedures. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an Employee has been addressed with that Employee.
54.2 Where disciplinary action may be is necessary, the management representative shall will notify the Employee of the issues reason(s) in writing and the Employee will be given an opportunity to respond to these issuesreasons. In the event that the Employee’s response 's explanation is deemed by the organisation management to be unsatisfactory, a first warning in writing the Employer may be issued. This warning will be take any of the following steps depending on the seriousness of the conduct.
(a) counsel the Employee, with the counselling recorded on the Employee’s personnel file.;
61.2 If the problem continues, (b) give the Employee a first warning, which will again be notified in writing verbal and a record of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.;
61.3 In (c) give the Employee a second written warning in the event that the problem continues, Employee has previously been given a first warning for that or similar course of conduct;
(d) give the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning in the event that the Employee has previously been given a second written for that or similar course of conduct;
(e) in the case where conduct is sufficiently serious, issue a first and final warning;
(f) terminate the Employee on notice in the case of an Employee who repeats a course of similar conduct for which a final warning was given;
(g) terminate the Employee without notice where the conduct is serious misconduct (as defined for the purposes of the Act) that is wilful and deliberate;
(h) in case of misconduct warranting termination, either summarily or on notice, the Employer may issue the Employee with a final warning without following the steps in (a) to (f) above.
54.3 The Employer’s decision and a summary of its reasons will be issued notified to the Employee and recorded on the Employee’s personnel filein writing.
61.4 In 54.4 A dispute over this clause is to be dealt with in accordance with the event Dispute Resolution Procedure of this Agreement.
54.5 Throughout this process, the matter recurring, then the Employer or Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period . Signed for and on behalf of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.Signature: ..................................................
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 49.1 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 Employee’s 's response is unsatisfactory, ; a first warning in writing may be issued. This warning will be recorded on the Employee’s 's personnel file.
61.2 49.2 If the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested from from, the Employee. If lf appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s 's personnel file.
61.3 49.3 In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s 's personnel file.
61.4 49.4 In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary 49.5 Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issued a "final warning" in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 49.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF ANF or ▇▇▇▇ East. The Employer may be represented by the representative of their choice.
61.7 49.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
49.8 This clause shall not apply until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Fair Work Act 2009.
Appears in 1 contract
Sources: Anmf Agreement
Disciplinary Procedure. 61.1 (a) Jewish Care commits itself to effective and efficient performance management. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an Employee has been addressed with that Employee.
(b) Where disciplinary action may be is necessary, the management representative shall notify the Employee of the issues reason(s) in writing and the Employee will be given an opportunity to respond to these issuesreasons. In the event that the Employee’s response 's explanation is deemed by the organisation management representative to be unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (c) If the problem continues, the Employee will again be notified in writing of the matter and a response an explanation requested from the Employee. If appropriateIn the event that the Employee’s explanation is deemed by the organisation management representative to be unsatisfactory, a second warning in writing will be given to the Employee and recorded on the Employee’s 's personnel file.
61.3 (d) In the event that the problem continues, the Employee will again be notified in writing of the matter and a response an explanation requested. If appropriateIn the event that the Employee's explanation is deemed by the organisation management representative to be unsatisfactory, a final written warning will be issued to the Employee and recorded on the Employee’s 's personnel file.
61.4 (e) In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedan explanation sought from the Employee. No dismissals will take place without the authority of the CEO/DON.
61.5 (f) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Summary dismissal of an Employee may still occur for acts of ‘“serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3”.
61.6 (g) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including which may include the ANMF or ▇▇▇. The Employer may be represented by the representative of their its choice. The procedure may be delayed due to the unavailability of the chosen representative of the Employee or Employer. However, in accordance with the principles of natural justice disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the chosen representative of the Employee or the Employer.
61.7 Records relating to disciplinary procedures will be disregarded where (h) If after any warning, a continuous period of 12 twelve months elapses without any further warning/s. Records warning or action being required, all adverse reports relating to disciplinary procedures the warning will be removed from the Employee's personnel file after file.
(i) This clause shall not apply until the Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Act.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇HWU. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.two
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 (a) Where disciplinary action may be necessary, the management representative shall notify the Employee employee of the issues in writing and the Employee employee will be given an opportunity to respond to these issues. In the event that the Employeeemployee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employeeemployee’s personnel file.
61.2 (b) If the problem continuesthere are further performance or conduct issues, the Employee employee will again be notified in writing of the matter and a response requested from the Employeeemployee. If appropriate, a second warning in writing will be given to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee employee and recorded on the Employeeemployee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer procedure may be delayed due to the unavailability of the employee’s chosen representative. However, in accordance with the principles of natural justice disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the unavailability of the employee’s chosen representative.
(g) The employer may be represented by the representative of their choice.
61.7 (h) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file destroyed after a period of two (2) years where no further warning/s arise.
(i) This clause shall not apply until the employee has 6 month’s continuous service with the Employer. However, where the Employer is considering the termination of an Employee's employment within the first 6 months of service with the Employer, the Employer will endeavour to give the Employee an opportunity to address any concerns by providing such concerns in writing to the employee and meeting with the employee to discuss the concerns. They must also be able to have a representative of their choice present at any meeting to consider the allegations and the Employee’s response
Appears in 1 contract
Sources: Nurses Agreement
Disciplinary Procedure. 61.1 a. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an employee has been addressed with that employee.
b. Where disciplinary action may be necessary, the management representative shall notify the Employee employee of the issues reason(s) in writing and the Employee employee will be given an opportunity to respond to these issuesreasons. In the event that the Employee’s response employee's explanation is deemed by the management to be unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s employee's personnel file.
61.2 c. If the problem continuesthere are further performance or conduct issues, the Employee employee will again be notified in writing of the matter and a response an explanation requested from the Employeeemployee. If appropriate, a second warning in writing will be given to the Employee employee and recorded on the Employee’s employee's personnel file.
61.3 d. In the event that the problem continuesof further performance or conduct issues, the Employee employee will again be notified in writing of the matter and a response an explanation requested. If appropriate, a final written warning will be issued to the Employee employee and recorded on the Employee’s employee's personnel file.
61.4 e. In the event of the matter recurringfurther performance or conduct issues, then the Employee employee may be terminated after the matters have been investigated and is found to be substantiatedan explanation sought from the employee.
61.5 Summary f. Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a "final warning" in the first instance. 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. Further, summary dismissal of an Employee employee may still occur for acts of ‘"serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3".
61.6 g. During all steps in the Disciplinary Procedure, the Employee employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇. The Employer employer may be represented by the representative of their choice.
61.7 h. Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
i. This clause shall not apply:
(i) To casual employees;
(ii) until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Act.
j. An employee who seeks to appeal the outcome of a disciplinary process may use Cl. 9 to resolve their dispute.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 (a) Where disciplinary action may be necessary, the management Employer 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇Union. The Employer may be represented by the representative of their choice. The procedure may be delayed due to the unavailability of the Employee’s chosen representative. However, in accordance with the principles of natural justice disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the unavailability of the Employee’s chosen representative.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
(h) This clause 52 shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period of 6 months as prescribed in section 383 of the Act. In the case of an Employee in this minimum employment period, where disciplinary action may be necessary, the Employer shall notify the Employee of the issues and the Employee will be given an opportunity to respond to these issues.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇HWU. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 58.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 58.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 58.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 58.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal 58.5 Dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 58.2 or 61.358.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 64.1 Seymour Elderly Citizens Hostel Inc (trading as Karingal Seymour) commits itself to effective and efficient performance management. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an employee has been addressed with that Employee.
64.2 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 64.3 If the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 64.4 In the event that the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file. In relation to a serious matter, the Employer may issue a first and final warning in the first instance.
61.4 64.5 In the event of the matter recurringfurther issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 64.6 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 63.3 or 61.363.4.
61.6 64.7 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇HWU. The procedure may be delayed due to the unavailability of the employee’s chosen representative. However, in accordance with the principles of natural justice disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the unavailability of the employee’s chosen representative.
64.8 The Employer may be represented by the representative of their choice.
61.7 64.9 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
64.10 This clause (clause 64.1-64.9) will only apply to an employee who has at least 6 months continuous service with the Employer.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 31.1 Where MWHS considers that disciplinary action may be is necessary, the management representative CEO shall notify the Employee employee that he/she is being warned in accordance with sub clause 31.2 of this set of disciplinary procedures.
31.2 The first warning shall be verbal and an entry recorded in the employee’s personal file that such a warning has been given.
31.3 The employee shall be given the opportunity to sign the entry and be given a copy of the issues in writing and entry. If the Employee employee declines to sign the entry, the record will be given an opportunity endorsed to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel fileeffect by management.
61.2 31.4 If the problem continues, continues that matter will be discussed with the Employee will again be notified in writing of the matter employee and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee him/her and recorded on the Employee’s personnel his/her personal file.
61.3 In 31.5 The employee shall be given the event opportunity to sign the entry and written warning and be given a copy of the entry. If the employee declines to sign the entry, the record will be endorsed to that effect by management.
31.6 If the problem continues, the Employee management will again discuss it with the employee. If a final warning is given then it shall be notified issued in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded copy placed on the Employeeemployee’s personnel personal file.
61.4 31.7 The employee shall be given the opportunity to sign the entry and written warning and be given a copy of the entry. If the employee declines to sign the entry, the record will be endorsed to that effect by management.
31.8 In the event of the matter recurring, then the Employee employment may be terminated after without any further warning. No dismissals are to take place without the matters have been investigated and is found to be substantiatedauthority of the MWHS CEO.
61.5 Summary dismissal 31.9 An employee may have their nominated representative present at any stage of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven process, but must advise MWHS that a representative will be present and the Employeridentity of the representative.
31.10 MWHS may have either another management representative or their nominated representative present at any stage of the process, having considered all but must advise the circumstances does not wish to terminate employee that another person will be present and the Employee’s employmentidentity of the person.
31.11 If after any warning, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 twelve months elapses without any further warning/s. Records warning or action, all reports relating to disciplinary procedures will the warning must be removed from the personnel file after employee’s personal file.
31.12 In clauses 31.1 through to 31.5 of this procedure a period “warning” shall include a clear statement of two (2) years where no further warning/s ariseMWHS’s specific concerns, MWHS’s expectations regarding resolutions of these matters and the times in which these are to be achieved.
31.13 All employees shall be handed a copy of these procedures on commencement of employment.
31.14 Any disputes about the application of this disciplinary procedure will be resolved according to Clause 30, ‘Avoidance of Industrial Disputes and Grievances’ of this agreement.
Appears in 1 contract
Sources: Collective Agreement
Disciplinary Procedure. 61.1 62.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 62.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 62.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 62.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 62.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 62.2 or 61.362.3.
61.6 62.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 62.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 (a) 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (b) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (c) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (d) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
(h) This clause shall not apply until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Fair Work Act.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 50.1 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 Employee’s 's response is unsatisfactory, ; a first warning in writing may be issued. This warning will be recorded on the Employee’s 's personnel file.
61.2 50.2 If the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested from from, the Employee. If lf appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s 's personnel file.
61.3 50.3 In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s 's personnel file.
61.4 50.4 In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary 50.5 Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a "final warning" in the first instance. A "final warning" shall be such that the employee is notified that in the event that there is further performance or conduct issues the employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 50.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇▇ East. The Employer may be represented by the representative of their choice.
61.7 50.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from s.
50.8 This clause shall not apply until the personnel file after Employee has completed a period of two (2) years where no further warning/s ariseemployment with the Employer of at least the minimum employment period as prescribed in the Fair Work Act 2009.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 (a) Where any disciplinary procedure is to be undertaken pursuant to clause 54, the principles of procedural fairness and natural justice must be followed at all times.
(b) Where disciplinary action may be necessary, the management Employer 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 (c) If the problem continuesthere 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 appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 (d) In the event that the problem continuesthere are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 (e) In the event of the matter recurringfurther performance or conduct issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiatedreasons sought from the Employee.
61.5 Summary (f) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. 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. Further, termination or summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 (g) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her their choice, including the ANMF or ▇▇▇Health Services Union. The Employer may be represented by the representative of their choice. A reasonable opportunity is to be provided for a representative to represent an Employee, and therefore the procedure may be delayed due to the unavailability of the Employee’s chosen representative. However, matters are to be dealt with in a timely manner and the disciplinary process will not be unreasonably delayed on account of the unavailability of the Employee’s chosen representative.
61.7 (h) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
(i) This clause 54 shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period of six (6) months as prescribed in section 383 of the Act. In the case of an Employee in this minimum employment period, where disciplinary action may be necessary, the Employer representative shall notify the Employee of the issues and the Employee will be given an opportunity to respond to these issues.
Appears in 1 contract
Sources: Enterprise Agreement
Disciplinary Procedure. 61.1 59.1 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 Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 59.2 If the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 59.3 In the event that the problem continuesthere are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file. In relation to a serious matter, the Employer may issue a first and final warning in the first instance.
61.4 59.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 59.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 59.2 or 61.359.3.
61.6 59.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or ▇▇▇HWU. The procedure may be delayed due to the unavailability of the employee’s chosen representative. However, in accordance with the principles of natural justice disciplinary matters are to be dealt with in a timely manner and the process will not be unreasonably delayed on account of the unavailability of the employee’s chosen representative.
59.7 The Employer may be represented by the representative of their choice.
61.7 59.8 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
59.9 This clause (clause 59.1-59.
Appears in 1 contract
Sources: Enterprise Agreement