Notwithstanding the procedures detailed below, the Vice-Chancellor may authorise an alternate process for managing this employment condition, which will be consistent with the policy applying to this condition, to suit individual circumstances.
An officer of Human Resources Division may act as a facilitator during any part of this process.
A staff member may seek assistance from a staff representative, a support person or the Advisor to Staff during any part of this process.
1. Initial Process
1.1 Where a staff member does not demonstrate appropriate conduct in accordance with the Code of Conduct or Codes of Practice, the supervisor will initially attempt to deal with the matter informally.
1.2 The supervisor will inform the staff member of the expected conduct, the alleged inappropriate behaviour and provide an opportunity for response. Where appropriate, depending on the nature of the misconduct, the supervisor will provide guidance, counselling or other relevant action to assist the staff member to improve their conduct.
2. Formal misconduct procedures
2.1 Where the informal process does not result in appropriate conduct, or the conduct is of a serious nature, the supervisor will request that the delegate review the matter, setting out:
1. the alleged misconduct,
2. the required standard of conduct; and
3. any action that has been taken to address the matter.
A copy of the request will be forwarded to the staff member.
2.2 After reviewing the matter, if the delegate determines that there has been misconduct, he or she will direct the supervisor to:
(1)
a) develop a Conduct Agreement with the Staff Member, and
b) inform the staff member of his or her right to choose to be assisted by a staff representative when developing a Conduct Agreement; and
c) caution the staff member that failure to meet the required standard of conduct may lead to the initiation of Serious Misconduct procedures;
OR
(2) Advise a member of the executive that the matter appears to constitute serious misconduct;
AND
(3) Advise the staff member of the outcome of their determination.
3. Conduct Agreement
3.1 A Conduct Agreement will specify:
1. the required conduct
2. clear details about the problem;
3. actions to be taken to address the problem;
4. the timeframe during which the conduct will be closely monitored (normally not more than 6 months);
5. training, counselling and time release, where relevant;
6. the dates of regular meetings;
7. possible action resulting from any deliberate breach.
3.2 The Conduct Agreement must be signed and include the staff member’s written comments.
4. Withholding of an Increment
Payment of an increment that falls due during formal action will be delayed until the supervisor is satisfied that the required standards have been met.
5. Serious Misconduct
5.1 Where:
1. the misconduct continues or recurs; or
2. the staff member refuses to enter into or follow a Conduct Agreement; or
3. the nature of the allegation is regarded by the delegate as serious misconduct,
the delegate will report in writing to a member of the executive who will review the matter to determine whether there has been serious misconduct.
5.2 Before commencing any review, the executive will inform the staff member of the nature of the allegation(s) - which may be done by providing a copy of the delegate’s report.
5.3 The staff member will have (five) 5 working days from receipt to submit a written response.
5.4 After receiving the staff member’s response and finalising any review of the matter, the member of the executive will decide:
1. to take no further action; or
2. to take disciplinary action where there is a finding of misconduct; or
3. if serious misconduct, to take any disciplinary action as appropriate according to University policy.
Review of Decision
The staff member may seek a Review of Decision in relation to decisions made under this procedure in accordance with the Varied ANU Enterprise Agreement Review of Decisions.
6. Suspension
6.1 The member of the executive may, at any time while these procedures are in progress, suspend a staff member with or without pay.
6.2 Suspension of a staff member without pay may occur where the alleged misconduct is of a nature that causes imminent and serious risk to the health or safety of a person; and/or the staff member’s continued presence on campus otherwise presents a serious risk to the University, its staff and/or students. Where this occurs, the staff member may draw on accrued annual leave or long service leave entitlements. Any lost salary and other entitlements will be reimbursed if it is ultimately determined that the allegation is dismissed.
6.3 A staff member who has been suspended must not attend the campus of the University without prior approval from the member of the executive.
7. Information regarding misconduct matters
All documentation relating to misconduct matters will be treated as confidential and kept on a Confidential file. |
