Disciplinary Procedures
The purpose of this policy is to promote and maintain appropriate standards of conduct and performance and to ensure that an equitable and consistent procedure is applied when…
Purpose
The purpose of this policy is to promote and maintain appropriate standards of conduct and performance and to ensure that an equitable and consistent procedure is applied when addressing issues relating to misconduct, poor performance and breaches of the law and/or Therapy House policies.
Definitions
Serious Misconduct includes wilful, deliberate actions by an employee; or conduct that causes imminent and serious risk to the health and safety of other employees, or reputation, viability or profitability of Therapy House.
Policy
Employees will be treated with procedural fairness in the disciplinary process, ensuring a fair decision is reached by an objective decision maker:
- The affected employee having sufficient details about the allegations being made against them, and the opportunity to present their own case before a decision is made
- All investigations and decisions must be made by persons with appropriate authority
- Confidentiality shall be maintained in all instances
- An employees shall have the opportunity to have an employee representative
Procedure
If an investigation is needed to establish the truth of allegations, management will collate full details of the allegations, together with any relevant documentation or statements.
The employee will be given a copy of the allegations and evidence, and will be given an opportunity to present his or her own documentation in their support.
Management may interview key persons as part of the investigation and may seek statements in writing.
Investigations may also be undertaken or initiated by other entities – such as the Police – when circumstances warrant.
Management may take whatever action is deemed appropriate after considering the allegations, the evidence provided, and the responses of the employee concerned. The employee must be notified of what action is to be taken.
Depending on the severity of the circumstances; the frequency of the occurrence; the nature of the employee’s duties; the effect of the conduct on the business; the employee’s work record; the willingness of the employee to address the issue and any mitigating circumstances that may exist, management may impose one or more of the following:
- A verbal warning or a first, second or third (and final) written warning
- An employee improvement program
- A change of duties, or lateral transfer
- Denial, or removal, of personal privileges or benefits
- Withholding of advancement
- Demotion
- Suspension
- Dismissal
In situations where serious misconduct has been established and a decision is made by management to proceed to dismissal, all relevant payments, including outstanding entitlements and any other accrued leave entitlements will be paid to the employee. However, dismissed employees are not entitled to receive payment in lieu of notice and are not entitled to redundancy payments.
Management must document the disciplinary process and include such documentation in the employee’s personnel file, including all discussions with the employee that occur during any stage of the disciplinary process.
Employees shall have access to their personnel files and may take notes and/or obtain copies of the contents of their file. In the event that an employee is of the opinion that any disciplinary or other record contained on their personnel file is incorrect, out of date, incomplete or misleading, then the employee may make an application to management for the deletion or correction of the record.