Common use of Possible outcomes Clause in Contracts

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi), the Employer may issue the Employee with a warning. This does not affect the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurs. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 months elapses without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 7 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)15.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 15.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs15.5(a)(iii) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureProcedure of this Agreement.

Appears in 5 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where Where, after following the procedure in this clause 16, it is determined based on evidence that after following the procedures Employee has engaged in this clause Misconduct or Serious Misconduct and that disciplinary action is warranted, the Employer may take any of disciplinary action, which shall be recorded on the Employee's personnel file, as follows: (i) where the Performance or Conduct issue constitutes Misconduct but does not constitute Serious Misconduct, disciplinary action will be taken in accordance with the following steps depending on steps: A. counsel the Employee; B. give the Employee a first written warning in the event that the Employee has been counselled within the previous 12 months for that course of Conduct or Performance issue. The Employer may also give the Employee a first written warning where the seriousness of the conduct or performance: (i) counsel the Employee, with the is such that counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standardsunder subclause 16.5(a)(i)A is not appropriate; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) C. give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductConduct or Performance issue; (iv) D. give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct or Performance issue; and (v) E. terminate the Employee’s employment on with notice in the case of an employee Employee who repeats a course of conduct Conduct or Performance issue for which a final warning was given in the preceding 12 18 months; (viii) where the Performance or Conduct issue constitutes Serious Misconduct: A. terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberatenotice; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)B. alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclauses 16.5(a)(i) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee and their representative in writing. (c) If after any warningwarning or counselling, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of Conduct or Performance issue for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of issuing a further warning being requiredwarning, and all adverse reports relating to the warning or counselling must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 4 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer employer may take any of the following steps depending on the seriousness of the conduct or performanceconduct: (ia) counsel the Employeeemployee, with the counselling recorded on the Employeeemployee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iib) give the Employee employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiic) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (ivd) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 month 18 months period for that course of conduct; (ve) terminate Terminate the Employee’s employment Employee on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months;; or (vif) terminate Terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within (as defined for the meaning purposes of the Act Fair Work Act) that is wilful and deliberate; or. (viig) as an alternative to termination for serious In case of misconduct (under subclause 8.5(a)(vi)warranting termination, either summarily or on notice, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in (a) to terminate the Employee’s employment where a further act of serious misconduct occurs(f) above. (bh) The Employeremployer’s decision and a summary of its reasons will be notified to the Employee employee in writing. (ci) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 3 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Victorian Public Mental Health Services Enterprise Agreement 2012 2016

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 16 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and with a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee Employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)16.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 16.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs16.5(a)(vi) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 3 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate Terminate the Employee’s employment on notice in the case of an employee Employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months;; or (vi) terminate Terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or. (vii) as As an alternative to termination for serious misconduct (under subclause 8.5(a)(vivi) above and in the circumstances described at (vi), the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in (i) to terminate the Employee’s employment where a further act of serious misconduct occurs(iv) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureSettling procedure of this Agreement.

Appears in 3 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Victorian Public Mental Health Services Enterprise Agreement 2016 2020

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 15 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performance: (i) counsel the Employee, with the counselling Performance and shall be recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards;: (iii) Where the Performance or Conduct does not Constitute Serious Misconduct: A. counsel the Employee; or B. give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) C. give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductConduct; (iv) D. give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conductConduct; (v) E. terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)Where the Performance or Conduct does Constitute Serious Misconduct: A. terminate the Employee's employment without notice; or B. alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 15.5(a)(i) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 12- or 18-months elapses (as relevant) without any the Employee repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of issuing a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 3 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 15 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and the steps shall be recorded on the Employee's personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: (A) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iiB) give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiiC) give the Employee a second written warning in the event that the Employee has previously been given a first written warning within the previous 12 months for that course of conductConduct; (ivD) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct; or (vE) terminate the Employee’s 's employment on notice in the case of an employee who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months;; or (viii) where the Performance or Conduct issue does constitute Serious Misconduct: (A) terminate the Employee’s 's employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberatenotice; or (viiB) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 15.5(a)(i) above. (b) The Employer’s 's decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of using a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 3 contracts

Sources: Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 16 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards;file;‌ (ii) give the Employee a first warning, which will be verbal and with a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee Employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; oror‌ (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)16.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 16.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs16.5(a)(vi) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 13 that disciplinary action is warranted, the Employer Health Service may take any of the following steps depending on the seriousness of the conduct Conduct or performance:Performance and, except for informal counselling, the steps shall be recorded on the Doctor's personnel file (i) where the Performance or Conduct issue does not constitute Serious Misconduct: A. informally counsel the Employeedoctor, which is to be confirmed in writing, with the counselling outcome not being recorded on the Employee’s Doctor's personnel file. Before issuing a warning it ; or B. counsel the Doctor, which is anticipated that constructive counselling will to be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards;confirmed in writing; or (ii) C. give the Employee Doctor a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file;; or (iii) D. give the Employee Doctor a second written warning in the event that the Employee Doctor has previously been given a first written warning within the previous 12 months for that course of conduct;Conduct; or (iv) E. give the Employee Doctor a final written warning in the event that the Employee Doctor has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct; or (v) ▇. terminate the EmployeeDoctor’s employment on notice in the case of an employee a Doctor who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)where the Performance or Conduct issues constitute Serious Misconduct: A. terminate the Doctor’s employment without notice; or B. alternatively, the Employer may issue the Employee Doctor with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 13.5(a)(i) above. (b) The EmployerHealth Service’s decision and a summary of its reasons will be notified to the Employee Doctor in writing. (c) If after any warningcounselling, a period of 12 6 months elapses without any further counselling or warning being required, all adverse reports relating to the warning disciplinary procedure under clause 13.4or to the counselling must be removed from the Employee's Doctor’s personnel file. Nothing in this sub clause prevents the Health Service from applying a lesser period to the removal of all adverse reports relating to the counselling. (d) A dispute over If after any warning or counselling, a period of 12, or in the case of a final warning, 18 months, without the Doctor repeating a course of Conduct for which the preceding warning or counselling was given, the Health Service cannot rely on the preceding warning or counselling for the purpose of using a further warning. Nothing in this sub clause is prevents the Health Service from applying a lesser period to be dealt with in accordance with the Dispute Resolution Procedureremoval of all adverse reports relating to the warning.

Appears in 2 contracts

Sources: Doctors in Training (Victorian Public Health Sector) Enterprise Agreement 2022 2026, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 12 that disciplinary action is warranted, the Employer Health Service may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and except for informal counselling, the steps shall be recorded on the Doctor’s personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: A. informally counsel the EmployeeDoctor, which is to be confirmed in writing with the counselling outcome not being recorded on the EmployeeDoctor’s personnel file. Before issuing ; or B. counsel the Doctor, which is to be confirmed in writing; or C. give the Doctor a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standardsfirst written warning; (ii) D. give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee Doctor a second written warning in the event that the Employee Doctor has previously been given a first warning within the previous 12 months for that course of conduct; (iv) E. give the Employee Doctor a final written warning in the event that the Employee Doctor has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) F. terminate the EmployeeDoctor’s employment on notice in the case of an employee a Doctor who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)where the Performance or Conduct issues constitute Serious Misconduct: A. terminate the Doctor’s employment without notice; or B. alternatively, the Employer may issue the Employee Doctor with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 12.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs12.5(a)(i)D above. (b) The EmployerHealth Service’s decision and a summary of its reasons will be notified to the Employee Doctor in writing. (c) If after any warningcounselling, a period of 12 6 months elapses without any further counselling or warning being required, all adverse reports relating to the warning disciplinary procedure under subclause 12.4 or to the counselling must be removed from the Employee's Doctor’s personnel file. Nothing in this subclause prevents the Health Service from applying a lesser period to the removal of all adverse reports relating to the counselling. (d) A dispute over If after any warning or counselling, a period of 12, or in the clause is case of a final warning, 18 months, without the Doctor repeating a course of Conduct for which the preceding warning or counselling was given, the Health Service cannot rely on the preceding warning or counselling for the purpose of using a further warning. Nothing in this subclause prevents the Health Service from applying a lesser period to be dealt with in accordance with the Dispute Resolution Procedureremoval of all adverse reports relating to the warning.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)13.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 13.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs13.5(a)(iii) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) . A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureProcedure of this Agreement.

Appears in 2 contracts

Sources: Enterprise Agreement, Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022 2023

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer Health Service may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the EmployeeDoctor, with the counselling recorded on the EmployeeDoctor’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee Doctor a first warning, which will be verbal and a record of the warning recorded on the EmployeeDoctor’s personnel file; (iii) give the Employee Doctor a second written warning in the event that the Employee Doctor has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee Doctor a final written warning in the event that the Employee Doctor has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the EmployeeDoctor’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the EmployeeDoctor’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)13.5(a)(vi) above and in those circumstances, the Employer Health Service may issue the Employee Doctor with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 13.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs13.5(a)(iii) above. (b) The EmployerHealth Service’s decision and a summary of its reasons will be notified to the Employee Doctor in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the EmployeeDoctor's personnel file. (d) A dispute over the this clause is to be dealt with in accordance with the Dispute Resolution ProcedureProcedure of this Agreement.

Appears in 2 contracts

Sources: Enterprise Agreement, Doctors in Training Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 15 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and the steps shall be recorded on the Employee's personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: (A) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iiB) give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiiC) give the Employee a second written warning in the event that the Employee has previously been given a first written warning within the previous 12 months for that course of conductConduct; (ivD) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct; or (vE) terminate the Employee’s 's employment on notice in the case of an employee Employee who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months;; or (viii) where the Performance or Conduct issue does constitute Serious Misconduct: (A) terminate the Employee’s 's employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberatenotice; or (viiB) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 15.5(a)(i) above. (b) The Employer’s 's decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of issuing a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 2 contracts

Sources: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028, Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 15 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and the steps shall be recorded on the Employee's personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: (A) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iiB) give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiiC) give the Employee a second written warning in the event that the Employee has previously been given a first written warning within the previous 12 months for that course of conductConduct; (ivD) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct; or (vE) terminate the Employee’s 's employment on notice in the case of an employee who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months;; or (viii) where the Performance of Conduct issues does constitute Serious Misconduct: (A) terminate the Employee’s 's employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberatenotice; or (viiB) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 15.5(a)(i) above. (b) The Employer’s 's decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of using a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 16 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and with a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee Employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct Serious Misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)16.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 16.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs16.5(a)(vi) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 24 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and the steps shall be recorded on the Employee's personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: A. counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) B. give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) C. give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductConduct; (iv) D. give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18-month period for that course of conduct;; or (v) E. terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months;; or (viii) Where the Performance or Conduct does constitute Serious Misconduct: A. terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)B. alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 24.5(a)(i) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of using a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 17 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performance: (i) Performance issue that constitutes Misconduct: counsel the Employee, with the counselling not recorded on the Employee’s personnel file; counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) ; give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) ; give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) Conduct or Performance issue that constitutes Misconduct; give the Employee a final (third) written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) Conduct or Performance issue that constitutes Misconduct; terminate the Employee’s employment Employee on notice in the case of an employee Employee who repeats a course of conduct Conduct or Performance issue that constitutes Misconduct for which a final (third) warning was given in the preceding 12 18 months; (vi) ; or terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within Serious Misconduct (as defined for the meaning purposes of the Act Act) that is wilful and deliberate; or. (viib) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)In case of Misconduct warranting termination, either summarily or on notice, the Employer may instead issue the Employee with a warningfinal (third) warning without following the steps in sub-clauses 17.7(a)(i) to (a)(iv) above. This does not affect Where, following the Employer’s right to process in this clause 17, it has been determined that the Misconduct has occurred again and disciplinary action is warranted, the Employer may then terminate the Employee’s employment where a further act of serious misconduct occursEmployee with or without notice. (bc) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (cd) If after any warning, a period of 12 or 18 months elapses (as relevant) without any the Employee repeating a course of Conduct or Performance issue for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of issuing a further warning being required, and all adverse reports relating to the warning must be removed from the Employee's personnel file. (de) A dispute over the clause 17 is to be dealt with in accordance with the Dispute Resolution ProcedureSettling procedure of this Agreement.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer Health Service may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the EmployeeDoctor, with the counselling recorded on the EmployeeDoctor’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee Doctor a first warning, which will be verbal and a record of the warning recorded on the EmployeeDoctor’s personnel file; (iii) give the Employee Doctor a second written warning in the event that the Employee Doctor has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee Doctor a final written warning in the event that the Employee Doctor has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the EmployeeDoctor’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the EmployeeDoctor’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)12.5(a)(vi) above and in those circumstances, the Employer Health Service may issue the Employee Doctor with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 12.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs12.5(a)(iii) above. (b) The EmployerHealth Service’s decision and a summary of its reasons will be notified to the Employee Doctor in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the EmployeeDoctor's personnel file. (d) A dispute over the this clause is to be dealt with in accordance with the Dispute Resolution ProcedureProcedure of this Agreement.

Appears in 1 contract

Sources: Dispute Resolution

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 16 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct performance or performance: (i) conduct: counsel the Employee, with the counselling not recorded on the Employee’s personnel file; counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) ; give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) ; give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) conduct or performance; give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) conduct or performance; terminate the Employee’s employment Employee on notice in the case of an employee Employee who repeats a course of conduct or performance for which a final warning was given in the preceding 12 18 months; (vi) ; or terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within (as defined for the meaning purposes of the Act Act) that is wilful and deliberate; or. (viib) as an alternative to termination for serious In case of misconduct (under subclause 8.5(a)(vi)warranting termination, either summarily or on notice, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in sub-clauses 16.6(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs(a)(vii) above. (bc) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (cd) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (de) A dispute over the clause 16 is to be dealt with in accordance with the Dispute Resolution ProcedureSettling procedure of this Agreement.

Appears in 1 contract

Sources: Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017 2021

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer employer may take any of the following steps depending on the seriousness of the conduct or performanceconduct: (i) a. counsel the Employeeemployee, with the counselling recorded on the Employeeemployee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) b. give the Employee employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) c. give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductconduct ; (iv) d. give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate e. Terminate the Employee’s employment Employee on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months;; or (vi) terminate f. Terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within (as defined for the meaning purposes of the Act Fair Work Act) that is wilful and deliberate; or. (vii) as an alternative to termination for serious g. In case of misconduct (under subclause 8.5(a)(vi)warranting termination, either summarily or on notice, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in (a) to terminate the Employee’s employment where a further act of serious misconduct occurs(f) above. (b) h. The Employeremployer’s decision and a summary of its reasons will be notified to the Employee employee in writing. (c) i. If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) j. A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureSettling procedure of this Agreement.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)14.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 14.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs14.5(a)(vi) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureProcedure of this Agreement.

Appears in 1 contract

Sources: Victorian Public Health Sector Maintenance Multi Employer Agreement

Possible outcomes. (a) Where it is determined that after following having followed the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance and the steps shall be recorded on the Employee's personnel file: (i) where the Performance or Conduct issue does not constitute Serious Misconduct: (A) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iiB) give the Employee a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiiC) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductConduct; (ivD) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 month period for that course of conductConduct; (vE) terminate the Employee’s employment on notice in the WHUPLQDWH WKH (ymPeSntOonRn\otHiceHin¶thVe HPSOR case of an employee who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct Serious Misconduct: (under subclause 8.5(a)(vi)A) terminate the EmSOR\HH¶V HPSOR\PHQW ZLWK or (B) alternatively, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 18.5(a)(i) above. (b) The Employer’s decision and a summary of its reasons will be 7KH (PSOR\HU¶V GHFLVLrReaQso nsDwQill Gbe D VXPPDU\ notified to the Employee in writing. (c) If after any warningwarning or counselling, a period of 12 months elapses (as relevant) without any the Employee repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of issuing a further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel filewarning. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 43 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct Conduct or performancePerformance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and oral with a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second second, written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee Employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct Serious Misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)clause 43.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in clauses 43.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs43.5(a)(vi) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 12 that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performanceperformance and except for informal counselling, the steps shall be recorded on the practitioner’s personnel file: (i) where the performance or conduct issue does not constitute Serious Misconduct: A. informally counsel the Employeepractitioner, which is to be confirmed in writing with the counselling outcome not being recorded on the Employeepractitioner’s personnel file. Before issuing ; or B. counsel the practitioner, which is to be confirmed in writing; or C. give the practitioner a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standardsfirst written warning; (ii) D. give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee practitioner a second written warning in the event that the Employee practitioner has previously been given a first warning within the previous 12 months for that course of conduct; (iv) E. give the Employee practitioner a final written warning in the event that the Employee practitioner has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) F. terminate the Employeepractitioner’s employment on notice in the case of an employee a practitioner who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)where the performance or conduct issues constitute Serious Misconduct: A. terminate the practitioner’s employment without notice; or B. alternatively, the Employer may issue the Employee practitioner with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 12.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs12.5(a)(i)D above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee practitioner in writing. (c) If after any warningcounselling, a period of 12 six (6) months elapses without any further counselling or warning being required, all adverse reports relating to the warning disciplinary procedure under subclause 12.1 or to the counselling must be removed from the Employee's practitioner’s personnel file. Nothing in this subclause prevents the Employer from applying a lesser period to the removal of all adverse reports relating to the counselling. (d) A dispute over If after any warning or counselling, a period of 12, or in the clause is case of a final warning, 18 months, without the practitioner repeating a course of Conduct for which the preceding warning or counselling was given, the Employer cannot rely on the preceding warning or counselling for the purpose of using a further warning. Nothing in this subclause prevents the Employer from applying a lesser period to be dealt with in accordance with the Dispute Resolution Procedureremoval of all adverse reports relating to the warning.

Appears in 1 contract

Sources: Single Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warrantedmay be necessary, the Employer may take any management representative shall notify the Employee of the following steps depending on issues in writing and the seriousness of Employee will be given an opportunity to respond to these issues. In the conduct or performance: (i) counsel event that the Employee’s response is unsatisfactory, with the counselling a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file. (b) If there are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. Before issuing If appropriate, a second warning it is anticipated that constructive counselling in writing will be undertaken with given to the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct; (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi), the Employer may issue the Employee with a warning. This does not affect the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurs. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) In the event that there are further conduct or performance issues, the Employee will again be notified in writing of the matter and a response requested. If after any warningappropriate, a period of 12 months elapses without any further final written warning being required, all adverse reports relating will be issued to the warning must be removed from Employee and recorded on the Employee's ’s personnel file. (d) In the event of further conduct or performance issues, then the Employee may be terminated after the matters have been investigated and is found to be substantiated. (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance ▇▇▇▇▇▇▇▇ may also issue a “final warning” in the first instance. A dispute over “final warning” shall be such that the clause 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. (f) During all steps in the Disciplinary Procedure referred to in this clause, the Employee has the right to representation of their choice, including the ANMF or HWU. ▇▇▇▇▇▇▇▇ ▇▇▇ be represented by the representative of their 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 accordance with a timely manner and the Dispute Resolution Procedureprocess will not be unreasonably delayed on account of the chosen representative of the Employee or ▇▇▇▇▇▇▇▇. (g) Records relating to disciplinary procedures will not be relied upon by ▇▇▇▇▇▇▇▇ for any subsequent disciplinary procedures where a continuous period of 12 months elapses without further warning/s.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct performance or performanceconduct: (ia) counsel Counsel the Employee, with the counselling not recorded on the Employee’s personnel file;‌ (b) Counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iic) give Give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iiid) give Give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductconduct or performance; (ive) give Give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conductconduct or performance; (vf) terminate Terminate the Employee’s employment Employee on notice in the case of an employee Employee who repeats a course of conduct or performance for which a final warning was given in the preceding 12 18 months;; or (vig) terminate Terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within (as defined for the meaning purposes of the Act Act) that is wilful and deliberate; ordeliberate.‌ (viih) as an alternative to termination for serious In case of misconduct (under subclause 8.5(a)(vi)warranting termination, either summarily or on notice, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in (a) to terminate the Employee’s employment where a further act of serious misconduct occurs(g) above. (bi) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (cj) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (dk) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution ProcedureSettling procedure of this Agreement.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 13 that disciplinary action is warranted, the Employer Health Service may take any of the following steps depending on the seriousness of the conduct Conduct or performance:Performance and, except for informal counselling, the steps shall be recorded on the Doctor's personnel file (i) where the Performance or Conduct issue does not constitute Serious Misconduct: A. informally counsel the Employeedoctor, which is to be confirmed in writing, with the counselling outcome not being recorded on the Employee’s Doctor's personnel file. Before issuing a warning it ; or B. counsel the Doctor, which is anticipated that constructive counselling will to be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards;confirmed in writing; or (ii) C. give the Employee Doctor a first written warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file;; or (iii) D. give the Employee Doctor a second written warning in the event that the Employee Doctor has previously been given a first written warning within the previous 12 months for that course of conduct;Conduct; or (iv) E. give the Employee Doctor a final written warning in the event that the Employee Doctor has previously been given a second written warning within the preceding 12 18 month period for that course of conduct;Conduct; or (v) F. terminate the EmployeeDoctor’s employment on notice in the case of an employee a Doctor who repeats a course of conduct Conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; or (viiii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)where the Performance or Conduct issues constitute Serious Misconduct: A. terminate the Doctor’s employment without notice; or B. alternatively, the Employer may issue the Employee Doctor with a warning. This does not affect final warning without following the Employer’s right to terminate the Employee’s employment where a further act of serious misconduct occurssteps in subclause 13.5(a)(i) above. (b) The EmployerHealth Service’s decision and a summary of its reasons will be notified to the Employee Doctor in writing. (c) If after any warningcounselling, a period of 12 6 months elapses without any further counselling or warning being required, all adverse reports relating to the warning disciplinary procedure under clause 13.4or to the counselling must be removed from the Employee's Doctor’s personnel file. Nothing in this sub clause prevents the Health Service from applying a lesser period to the removal of all adverse reports relating to the counselling. (d) A dispute over If after any warning or counselling, a period of 12, or in the case of a final warning, 18 months, without the Doctor repeating a course of Conduct for which the preceding warning or counselling was given, the Health Service cannot rely on the preceding warning or counselling for the purpose of using a further warning. Nothing in this sub clause is prevents the Health Service from applying a lesser period to be dealt with in accordance with the Dispute Resolution Procedureremoval of all adverse reports relating to the warning.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the Employer may take any of the following steps depending on the seriousness of the conduct or performance: (i) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards;file;‌ (ii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file; (iii) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct;conduct;‌ (iv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conduct; (v) terminate the Employee’s employment on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 12 18 months; (vi) terminate the Employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate; oror‌ (vii) as an alternative to termination for serious misconduct (under subclause 8.5(a)(vi)13.5(a)(vi) above and in those circumstances, the Employer may issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in subclauses 13.5(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs13.5(a)(iii) above. (b) The Employer’s decision and a summary of its reasons will be notified to the Employee in writing. (c) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (d) A dispute over the clause is to be dealt with in accordance with the Dispute Resolution Procedure.

Appears in 1 contract

Sources: Enterprise Agreement

Possible outcomes. (a) Where it is determined that after following the procedures in this clause 17 that disciplinary action is warranted, the Employer EACH may take any of the following steps depending on the seriousness of the conduct performance or performanceconduct: (i) counsel the Employee, with the counselling not recorded on the Employee’s personnel file; (ii) counsel the Employee, with the counselling recorded on the Employee’s personnel file. Before issuing a warning it is anticipated that constructive counselling will be undertaken with the Employee where appropriate to assist the Employee to rectify the problem at an early stage to reinforce/set appropriate performance standards; (iiiii) give the Employee a first warning, which will be verbal and a record of the warning recorded on the Employee’s personnel file. Where the Employee is counselled or given a first written warning, EACH will provide and discuss strategies and guidelines with that Employee to help them meet required standards; (iiiiv) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conductconduct or performance; (ivv) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 12 18 month period for that course of conductconduct or performance; (vvi) terminate the Employee’s employment Employee on notice in the case of an employee Employee who repeats a course of conduct or performance for which a final warning was given in the preceding 12 18 months;; or (vivii) terminate the Employee’s employment Employee without notice where the conduct is serious misconduct within (as defined for the meaning purposes of the Act Act) that is wilful and deliberate; or. (viib) as an alternative to termination for serious In case of misconduct (under subclause 8.5(a)(vi)warranting termination, the Employer either summarily or on notice, EACH may instead issue the Employee with a warning. This does not affect final warning without following the Employer’s right steps in sub-clauses 17.6(a)(i) to terminate the Employee’s employment where a further act of serious misconduct occurs(vii) above. (bc) The EmployerEACH’s decision and a summary of its reasons will be notified to the Employee in writing. (cd) If after any warning, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file. (de) A dispute over the this clause 17 is to be dealt with in accordance with the Dispute Resolution ProcedureSettling Procedure of this Agreement.

Appears in 1 contract

Sources: Health Professionals Enterprise Agreement