Informal misconduct action

Through reasonable guidance, counselling or other appropriate action, the supervisor will, initially, attempt to deal with the matter informally by informing the staff member of expected conduct, the alleged inappropriate behaviour and providing an opportunity for response.

Initial formal actions where the staff member does not demonstrate appropriate conduct.  The staff member may seek assistance from a representative, a support person or the Advisor to Staff

The supervisor will inform the staff member and the delegate, in writing, that formal misconduct procedures will be considered, and advise the staff member of the required standard of conduct and the alleged misconduct. Where the delegate determines that there has been misconduct, he or she will direct the supervisor to caution the staff member that failure to meet the required standard of conduct may lead to the initiation of Serious Misconduct procedures; inform the staff member of his or her right to choose to be represented when developing a Conduct Agreement.  If the allegation is considered as serious misconduct, Serious Misconduct procedures will apply.

The Conduct Agreement

(on request an officer of HRD may act as a facilitator)

A Conduct Agreement will specify the required conduct, clearly define the problem; set out the actions to be taken; the timeframe during which the conduct will be closely monitored (normally not more than 6 months); training, counselling and time release, where relevant; the dates of regular meetings; and possible action for any deliberate breach.  It will be signed and include the staff member’s written comments.  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.

Serious Misconduct

Where the misconduct continues or recurs; the staff member refuses to enter into or follow a Conduct Agreement; or where the nature of the allegation is regarded by the delegate as serious misconduct, the supervisor will report to the delegate in writing, detailing the allegation(s) of serious misconduct against the staff member. 

Action by Senior Officer where the delegate is satisfied that there are sufficient grounds for misconduct or serious misconduct

The delegate will report in writing to the Deputy Vice-Chancellor (DVC).  The DVC will inform the staff member of the receipt of the allegation and outline the nature of the allegation(s), which may be done by providing a copy of the delegate’s report.  The staff member will have 5 working days from receipt to submit a written response.  After the period of time for the staff member’s response has elapsed, the DVC will decide: to take no further action; take disciplinary action under 45.2.1 to 45.2.6, where there is a finding of misconduct; or if serious misconduct, take any disciplinary action under 45.2.  The staff member may seek Review of Decision (Clause 50).