Human Resources > Disciplinary Procedure
Authorised by: Chief Executive Officer
Issue Date: 1 August 2024
Scope
The Disciplinary Procedure applies to all Kyeema staff. It gives management a framework for upholding acceptable standards and follows a structure that allows conduct and behaviour to be addressed fairly and natural justice to be served. The aim is to counsel for growth and change where possible and to identify where further training might assist the employee.
a) Where Kyeema management has concerns about an employee's performance or conduct that it considers may warrant disciplinary action the Discipline Procedure in the Enterprise Agreement will apply, except where it is appropriate to deal with the matter informally and without record.
b) An employee will be provided with a reasonable opportunity to be assisted at any time by a support person with respect to all matters set out in this procedure and the relevant Enterprise Agreement clause.
c) Performance issues should usually be dealt with informally in the first instance. Depending on the level of seriousness, a performance issue can normally only be the subject of these disciplinary procedures and action where, despite appropriate informal feedback and remedial action by Kyeema, Kyeema reasonably believes the employee is still failing to fulfil all or part of their job requirements to a satisfactory level.
Investigative Procedure
a) Where it alleges the conduct of an employee, or the performance issue of an employee may warrant disciplinary action, Kyeema will investigate the allegation.
b) The purpose of the investigation is to conclude whether concerns regarding conduct or performance are well-founded and supported by evidence.
c) An investigation must be fair and be conducted in accordance with the requirements of procedural fairness and natural justice.
d) As part of the investigative procedure, Kyeema will:
(i). advise the employee in writing of the concerns and/or any allegation;
(ii). convene an interview, which may be held by video conference if an in person meeting is not practicable, provided that the employee may opt to provide a written response instead of attending an interview in the case of allegations of misconduct or serious misconduct;
(iii). advise the employee of their right to be represented, including by a Union representative;
(iv). provide a reasonable opportunity for a support person or representative of the Employee's choice to attend all interviews or meetings conducted by Kyeema with the employee;
(v). provide the Employee with a reasonable opportunity to respond to any concerns or allegations, including a reasonable time to respond;
(vi). provide the Employee with all material which forms the basis of the concerns and any allegation against them and give a reasonable time to respond;
(vii). take reasonable steps to investigate the Employee's response. This will include interviewing witnesses identified by the Employee where possible; and
(viii). provide any additional evidentiary material that arises throughout the course of the investigation to the Employee.
e) For the duration of the investigation Kyeema may direct the employee to:
(i) stand down (remain at home) with full pay; or
(ii) relocate or redeploy to a reasonable alternate location and/or task on the same rate of pay they would otherwise have received but for this direction.
Disciplinary Procedure
If, following the investigation, Kyeema has reasonable grounds for considering the employee's conduct or performance may warrant disciplinary steps being taken, Kyeema will:
a) Notify the employee in writing of the outcome of the investigation process, including the basis of any conclusion; and
b) Meet with the employee. The employee will be afforded an opportunity to provide a further response verbally.
c) Disciplinary outcomes:
Where it is determined that after following the procedures in this clause that disciplinary action is warranted, Kyeema may take any of the following steps depending on the seriousness of the conduct or performance:
(i) Informally counsel the Employee, with the counselling not recorded on the Employee's personnel file
(ii) Formally counsel the Employee, with the counselling recorded on the Employee's personnel file;
(iii) Give the employee a first warning, which will be verbal and a record of the warning recorded on the personnel file;
(iv) Give the employee a second written warning which will be recorded on the personnel file;
(v) Give the employee further written warnings, which may include a final warning, as needed in the event that the Employee has previously been given a warning within the previous 12 months for that course of conduct or performance;
(vi) Reassignment from one area of employment to another;
(vii) Terminate the employee with notice in the case of an employee who repeats a course of conduct or performance for which a final warning was given in the preceding 18 months; or
(viii) Terminate the employee’s employment without notice where the conduct is serious misconduct within the meaning of the Act that is wilful and deliberate.
d) Kyeema's decision and a summary of its reasons will be notified to the employee in writing.