| 1. A general staff member engages in misconduct where:
a. the staff member conducts themself in a way which is inconsistent with their duties to the University; or
b. the staff member conducts themself in a way which is fundamentally inconsistent with an essential condition of the staff member’s contract of employment including breaching University policy.
Misconduct may include but is not limited to: fighting or other harm (or the threat of); failure to comply with safety requirements and work safely; theft or fraud; damage to or misuse of University property, assets or systems; sexual harassment or other discrimination; not adhering to the University policy which includes the policy on alcohol and drugs and the University’s code of conduct for staff; absenteeism or failure to remain at assigned work locations without reasonable explanation;, abuse or other disruptive behaviour;; negligence; refusal to carry out reasonable instructions; falsification of records or other dishonesty.
For an isolated incidence of misconduct of a minor nature guidance and counselling should be considered initially before determining whether the matter is referred to the Director of Personnel Services.
Where a matter relates to the performance of the job, it should be dealt with under the guidelines for unsatisfactory performance.
2. Where an allegation is made that a staff member has committed misconduct, then:
a. the matter is to be referred to the Director, Personnel Services or nominee as soon as possible;
b. where the Director, Personnel Services or nominated manager from Personnel (nominee) forms the opinion that an investigation is warranted, then they or their nominee are to take steps to advise the staff member of the allegation and conduct an investigation into the allegation as soon as is reasonably practical. The person conducting the investigation is to be independent from the allegations and have no conflict of interest;
c. the Director, Personnel Services or nominee may decide to suspend the staff member whilst the investigation is being conducted provided that the general staff member will be paid during this period as though they were at work unless the Director, Personnel Services or nominee is of the view that the alleged conduct amounts to conduct of a kind envisaged in section 661 (1) (c) of the Workplace Relations Act 1996 (as amended) such that it would be unreasonable to require the University to continue employment during a period of notice, in which case the staff member may be summarily dismissed;
d. such a suspension shall not prejudice the staff member in relation to the allegation;
3. Upon the completion of the investigation;
a. If the Director, Personnel Services or nominee forms the opinion that no misconduct has occurred the staff member is to be notified in writing as soon as practicable;
b. if the Director, Personnel Services or nominee forms a preliminary opinion that the staff member has committed misconduct then the Director, Personnel Services or nominee is to inform the staff member of this opinion and provide the staff member with such information, documents or other material which the Director, Personnel Services or nominee has taken into account in forming the opinion;
c. the staff member is to be given a reasonable opportunity to consider the information and/or review this material and provide a response to the Director, Personnel Services or nominee in regard to the preliminary opinion. Such an opportunity is to be provided within 5 working days of the advice being given to the staff member, provided that where a case is made because of exceptional circumstances a longer period may be granted; and
d. the Director, Personnel Services or nominee is to consider the staff member’s response in good faith before making any final decision as to whether misconduct has occurred. Any mitigating circumstances including factors beyond the staff member’s control will be taken into consideration.
4. If, following consideration of the response, the Director, Personnel Services or nominee determines that misconduct has not occurred, then the staff member will be notified in writing that, in view of the staff member’s response, no misconduct has been found to occur, or, if misconduct has occurred but there were mitigating circumstances, the staff member will be so advised.
5. If, following consideration of the response, the Director, Personnel Services or nominee determines that misconduct has occurred, then they may do any one or more of the following;
a notify the staff member that although misconduct has been found to occur, in the circumstances no disciplinary action is appropriate.
b. give the staff member a written warning or where warranted a final written warning in relation to the conduct.
In circumstances a. or b. above guidance or counselling or other appropriate action may be required.
c. recommend to the Vice Principal (Administration) that the general staff member’s employment be terminated, with or without notice, as the circumstances might warrant.
6. Where the Vice Principal (Administration) receives a recommendation to terminate the staff member’s employment under sub-clause 5 above the VPA is to give the staff member a final opportunity to meet with the VPA prior to making any decision to terminate the staff member’s employment with the period of notice required under the staff member’s relevant employment agreement provided that the Vice Principal (Administration) may terminate without notice where the conduct is of a kind envisaged in section 661 (1) (c) of the Workplace Relations Act 1996 (as amended).
7. At any stage during this process the staff member may seek the advice or assistance of a general staff representative of their choice.
Revised: October 2006
WebPage last updated: October 2006 |
