Part H - Disciplinary and Grievance Matters

50. General Principles

50.1 These procedures are for disciplinary action in cases of unsatisfactory performance, misconduct or serious misconduct and for the resolution of employment related grievances. Further details of the processes will be as stated in the relevant University Policy. The procedures are based on the following principles:

1. Procedural fairness and natural justice will apply and those involved in any disciplinary action or grievance process have a duty not to be affected by favouritism, bias or conflict of interest and must act fairly and impartially.
2. Staff members have the right to appear and where they request, be represented in any committee procedures and be provided an opportunity to be interviewed, present written and oral evidence, call witnesses and be present during the presentation of submissions and evidence.
3. It is in the best interest of all parties involved in the grievance resolution procedure in clause 53 that confidentiality is maintained throughout the process. A process for investigation of formal complaints is available only where conciliation is inappropriate or has proved unsatisfactory. All parties to the grievance should be provided with an opportunity to know all information relevant to the grievance and to be heard.
4. Circumstances may arise which require a matter commenced under the grievance procedures at clause 53 be dealt with under the provisions of a relevant staff disciplinary procedure. If this is the case, action commenced under the grievance process will be suspended pending the conclusion of the disciplinary proceedings.
5. If a staff member chooses, a staff member will have reasonable access to advice and assistance, in confidence, in processing his/her grievance from trained Advisers, a Representative of his/her choosing.