Possible outcomes. (a) Where it is determined that 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 or Performance 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; (B) give the Employee a first written warning; (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 Conduct; (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 month period for that course of Conduct; (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 months; or
Appears in 6 contracts
Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Possible outcomes. (a) Where it is determined that having followed the procedures in this clause that disciplinary action is warranted, the Employer Company may take any of the following steps depending on the seriousness of the Conduct or Performance and the steps shall be recorded on the Employee's personnel file:
(i) where the Performance or Conduct issue does not constitute Serious Misconduct:
(Aa) counsel the Employee;
(Bb) give the Employee a first written warning;
(Cc) 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;
(Dd) 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;
(Ee) 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; or
Appears in 1 contract
Sources: Enterprise Agreement
Possible outcomes. (a) a. Where it is determined that having followed 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 or Performance and the steps shall be recorded on the Employee's ’s personnel file:
(i) where the Performance or Conduct issue does not constitute Serious Misconduct:
(A) counsel the Employee;
(B) give the Employee a first written warning;
(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;
(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
(E) terminate the Employee’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;
Appears in 1 contract
Sources: Enterprise Agreement
Possible outcomes. (a) Where it is determined that having followed 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 or Performance 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;
(B) give the Employee a first written warning;
(C) 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 Conduct;
(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
(E) terminate the Employee’s '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
(ii) where the Performance or Conduct issue does constitute Serious Misconduct:
(A) terminate the Employee's employment without notice; or
(B) alternatively, issue the Employee with a final warning without following the steps 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.
Appears in 1 contract
Sources: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028
Possible outcomes. (ai) Where it is determined that having followed 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 Performance and conduct:
(1) counsel the steps shall be employee, with the counselling recorded on the Employee's employee’s personnel file:
(i) where the Performance or Conduct issue does not constitute Serious Misconduct:
(A) counsel the Employee;
(B2) give the Employee employee a first written warning, which will be verbal and a record of the warning recorded on the personnel file;
(C3) 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;
(D4) 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;
(E5) terminate Terminate the Employee’s employment Employee 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
(6) Terminate the Employee without notice where the conduct is serious misconduct (as defined for the purposes of the Fair Work Act 2009) that is wilful and deliberate.
ii) In lieu of terminating employment, in cases that may otherwise entitle the Employer to terminate the Employee’s employment, the employer may issue a first and final written warning without following the steps in (1) to (6) above.
Appears in 1 contract
Sources: Healthscope – Victoria – Nurses and Midwives Agreement 2016 2020