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52. General Principles
52.1 These procedures are for disciplinary action in cases of unsatisfactory performance, misconduct or serious misconduct and for the resolution of employment related grievances. The procedures are based on the following principles to which any committee or panel convened under clause 53 or 54 will have regard:
(a) 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.
(b) Staff members have the right to appear and where they request, be represented in any proceedings before a committee under clause 11 and be provided an opportunity to be interviewed, present written and oral evidence, request witnesses and be present during the presentation of submissions and evidence.
(c) It is in the best interest of all parties involved in the grievance resolution procedure in clause 56 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.
(d) Circumstances may arise which require a matter commenced under the grievance procedures at clause 56 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.
(e) If a staff member chooses, he/she will have reasonable access to advice and assistance, in confidence, in processing his/her grievance from trained Advisers and/or a Representative of his/her choosing.
52.2 Clause 55 sets out procedures for dealing with allegations of Research Misconduct. In the event of any inconsistency between the provisions of clause 55 and clauses 11 or 53, clause 55 will prevail.