Monash University Enterprise Agreement (Academic and General Staff) 2005

Existing University Policy - General Staff Disciplinary Procedures

1. Stage 1 - The Informal Stage - Meeting with Supervisor

1.1 The supervisor and staff member will attempt to resolve the difficulties through a counselling process including co-operation, constructive criticism, setting of appropriate performance/behaviour standards and assistance with specific training and development programs where appropriate.

1.2 The staff member will be informed of the possible implications of continued unsatisfactory behaviour or performance, be advised that he/she is being counselled under these procedures, and, be given an opportunity to respond to the allegations.

1.3 The supervisor will record the relevant events and dates in a file or diary. Copies of all relevant contents of such file or diary will be available to the staff member upon request.

1.4 In the event that the matter is resolved satisfactorily at this stage, the records on the file or diary will be destroyed and the matter will not be used in any future disciplinary matter against the staff member.

2. Stage 2 - The Formal Stage - First Written Warning

2.1 Where the matter has not been resolved during the first stage the supervisor will meet with the staff member, provide the staff member with a copy of clause 52 of the Monash University Enterprise Agreement (Academic and General Staff) 2005 and issue a written warning which will include:

2.1.1 clarification of the required performance or behaviour standards; and

2.1.2 where these standards are not being met; and

2.1.3 a time frame for monitoring progress against the standards; and

2.1.4 a future meeting time to assess progress

2.2 The staff member will have the supervisor's reasons for dissatisfaction explained and willbe told that, if the matter is not resolved within the time-frame set out in the written warning, the matter may proceed to a second written warning. The staff member will be given an opportunity to respond at the meetingor within an agreed time period.

2.3 A statement, signed by both the supervisor and the staff member, acknowledging receipt of the warning and setting out any agreement reached at the meetingwill be placed on the staff member's file. If the staff member refuses to sign the statement, the supervisor will complete the statement and provide a copy to the staff member in the presence of a witness.

3. Stage 3 - Second Written Warning

3.1 At the end of the time-frame set out in the first written warning a meeting to assess progress will take place. As well as the staff member and his/her supervisor, this meeting will involve the same people as in the first meeting where reasonably practicable.

3.2 The supervisor will advise the staff member that:

3.2.1 the matter is resolved and that no further action will be taken. A statement to this effect signed by the supervisor and staff member will be placed on the staff member's file; or

3.2.2 substantial improvement has occurred, but not to the standard required. A second written warning will be issued and a further meeting will be scheduled to establish whether the required standard of behaviour or performance has been achieved; or

3.2.3 no substantial improvement has occurred, in which case the supervisor will refer the matter to the Head of Department for investigation.

3.3 Where a second written warning has been issued and, after a further meeting to assess progress, the supervisor believes that the required standard of behaviour or performance has still not been achieved the supervisor will refer the matter to the Head of Department for investigation.

4. Stage 4 - Investigation by the Head of Department and Decision

4.1 Where a matter has been referred by a supervisor,the Head of Department will conduct an investigation during which the staff member will be given the opportunity to be heard and/or submit a written statement.

4.2 Where the supervisor is also the Head of Department, the Vice-Chancellorwill nominate an acting Head of Department for the purposes of carrying out the investigation.

4.3 The written report prepared for the Vice-Chancellor at the conclusion of the investigation by the Head of Department will include:

4.3.1 findings of fact on the balance of probabilities;

4.3.2 conclusions reached on the evidence provided; and

4.3.3 reasons in support.

5. Stage 5: Disciplinary Appeals

5.1 Where the Vice-Chancellor has made a decision to impose a disciplinary penalty and the staff member appeals to a Disciplinary Appeals Committee, that decision shall be subject to confirmation in writing after the appeal is completed.

5.2 The staff member will be given at least five working days' notice in writing of the time and date of the appeal. The staff member will also be provided with all relevant documents.