Part H - Disciplinary and Grievance Matters

52. General Staff Disciplinary Procedures

52.1 The disciplinary procedures set out in this clause will apply to a general staff member where there is alleged or actual:

Continued unsatisfactory performance of the position held; or
Negligence in the performance of the duties of the position held; or
Misbehaviour (which will include favouritism); or
Failure to comply with a reasonable instruction of a person in line management control of the staff member; or
Breach of the University's policies, regulations or procedures; or
Serious misconduct; or
Serious and wilful misconduct.

For the purposes of the disciplinary procedures where the supervisor is also the Head of Department, the Vice President (Administration) will replace the Head of Department where formal action is required.

52.2 These procedures provide that in cases of alleged unsatisfactory performance or misconduct:

the standards of behaviour and performance required are clear to all parties;
a staff member has been counselled and given every reasonable opportunity to improve his or her behaviour and performance, excepting in cases of serious misconduct and serious and wilful misconduct;
if, in spite of all reasonable efforts by the University, the staff member has failed to meet the required standards, then termination of employment might occur.

52.3 The disciplinary process will include the following basic steps, the details of which are set out in the existing University Policy:

Stage 1: Meeting With Supervisor - involving an informal counseling process;
Stage 2: First Written Warning - a first written warning will be issued if the matter is not resolved during Stage 1. The supervisor may choose to be assisted by a nominee of the Head of Department and the staff member may choose to be assisted by a Representative.
Stage 3: Second Written Warning - a second written warning will be issued, if, following the first written warning, substantial improvement has occurred, but not to the standard required.
Stage 4: Investigation by the Head of Department and Decision - if no substantial improvement has occurred following the first written warning or the required standard of behaviour or performance has still not been achieved following the second written warning, the supervisor will refer the matter to the Head of Department for investigation. The Head of Department will conduct an investigation (the investigation process being in accordance with existing University Policy) and at the conclusion of the investigation, the Head of Department will prepare a written report to the Vice Chancellor prepared in accordance with University Policy for such reports including a recommendation to the Vice-Chancellor including one or more of the following actions:
- that the matter be further investigatedl
- that no action be takenl
- that the matter be dismissed;
- that the staff member be transferred to another position in the University and paid salary appropriate to that position;
- that the staff member be reprimanded;
- that the staff member's salary increment be withheld for up to one year;
- that the staff member be dismissed.
A copy of the Head of Department's report, and any other accompanying material, will be given to the staff member who may respond to the recommendation in writing to the Vice-Chancellor (within five working days).

On receipt of the report and any written response from the staff member, the Vice-Chancellor will make a decision on disciplinary action that will be conveyed in writing to all parties to the disciplinary proceedings.
Stage 5: Disciplinary Appeals - The staff member may appeal a penalty imposed within five days to a Disciplinary Appeals Committee, in accordance with existing University Policy on disciplinary appeals for general staff, on the grounds that the penalty is too harsh, that the conclusions reached on the evidence considered were wrong and/or that a miscarriage of process has occurred. The Disciplinary Appeals Committee will be convened forthwith, in accordance with clause 12 and will determine one of the following courses of action:
- to uphold the decision of the Vice-Chancellor;
- that the matter be dismissed;
- that the decision of the Vice-Chancellor was correct except that a lesser penalty should be imposed;
- that there has been a miscarriage of process in which case the matter will be referred to management for consideration under these procedures in accordance with any directions given by the Committee.

The Vice-Chancellor will consider the recommendation of the Disciplinary Appeals Committee and unless the decision of the Disciplinary Appeals Committee is to uphold the decision of the Vice-Chancellor, the Vice Chancellor will reconsider his decision, but may first take such steps to remedy any miscarriage of process as may seem reasonable to him/her. If the Vice Chancellor is of the view that:

there has been no unsatisfactory performance or misconduct, he/she will forthwith advise the staff member in writing, shall rescind the disciplinary action imposed, and may, by agreement with the staff member, publish the advice in an appropriate manner; or
there has been unsatisfactory performance and/or misconduct, he/she will forthwith advise the staff member in writing confirming the disciplinary action imposed or imposing a lesser penalty.

Serious Misconduct

52.4 In the case of an allegation of serious misconduct and subject to 52.5 below:

The Vice-Chancellor may summarily suspend a staff member on full pay, in accordance with existing University Policy on suspension with pay for general staff for a defined period of time for alleged behaviour considered to be of sufficient seriousness as to warrant summary action.
The Vice-Chancellor will initiate an inquiry during which the staff member will be given the opportunity to be heard and/or submit a written statement.
At the conclusion of the inquiry, the Vice-Chancellor may make one of the following determinations:
- that no disciplinary action be taken and the staff member be reinstated to his/her position; or
- that the staff member be transferred to another position in the University, and paid salary appropriate to that position; or
- that the staff member be reprimanded; or
- that the staff member's salary increment be withheld for up to one year; or
- that the staff member be dismissed.
Formal notice of that decision will be given to the staff member within two working days and the staff member will be advised of his/her appeal rights.

Summary Dismissal

Notwithstanding the provisions of this clause, the employment of any staff member may be terminated without notice by the University for serious and wilful misconduct. In such circumstances, a statement of reasons for such dismissal will be supplied within 24 hours of dismissal.