The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Seven – Staff Relations

45. Definitions - Underperformance and Misconduct

45.1 For clauses 46 and 47 the following definitions apply.

45.2  ‘Disciplinary action’ means:

45.2.1 formal counselling of a staff member by an appropriate supervisor;

45.2.2 giving a staff member a written warning (including, where appropriate, a final warning);

45.2.3 censure of a staff member;

45.2.4 withholding an increment;

45.2.5 demotion of a staff member;

45.2.6 other action as recommended by a review committee; or

45.2.7 termination of a staff member’s employment.

45.3 ‘Misconduct’ means dereliction of duty or wilful conduct that is unsatisfactory.   In deciding whether conduct is in fact misconduct, decision makers and review committees will have regard to the University’s Code of Conduct.  Examples of behaviour which may be examined as possible misconduct include:

45.3.1 conduct which is an impediment to the satisfactory performance of the work of the staff member or other staff members in the University;

45.3.2 failure to comply with a reasonable instruction given by a person in line management of the staff member;

45.3.3 bullying behaviour that may be reasonably perceived as harassing, intimidating, overbearing or physically or emotionally threatening, or other unsatisfactory conduct which breaches the Code of Conduct;

45.3.4 an action of the staff member which is prejudicial to the health or safety of other staff, students or members of the public;

45.3.5 a conviction, sentence or other order imposed by a court which restricts the activities of a staff member in a manner that constitutes an impediment to the staff member carrying out their duties.

45.4 ‘Serious misconduct’ means:

45.4.1 recurrence or continuation of conduct which has been previously found to be misconduct on the part of the staff member; or

45.4.2 serious misbehaviour, which may be a single occurrence, of a kind which constitutes: a serious impediment to the carrying out of a staff member’s duties, or to other staff carrying out their duties; a serious risk to the safety of staff, students or visitors to the University; a serious risk to the University’s property; serious misconduct in research; a serious dereliction of duties; or, a conviction by a court of an offence which constitutes a serious impediment to the carrying out of the duties. Behaviour that constitutes serious misconduct can take many forms but could include serious and/or persistent harassment or bullying, or a criminal offence such as theft, fraud or assault.

45.5 ‘Underperformance’ means failure to meet the performance standards of the position.

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