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PART 2 – GENERAL CONDITIONS OF SERVICE

 

 

11.    DUE PROCESS

11.1    Concerns about conduct or performance

11.1.1    An Employer who has concerns with the conduct or performance of an employee shall in the first instance hold discussions with the relevant employee. A record of these discussions shall be held. The Employee shall have the right to be accompanied by a nominee of the Employee in these discussions.

11.1.2    Should the employer still hold concerns regarding the employee’s performance or conduct, following the discussions outlined above, the employer may initiate Due Process as outlined below
 
11.2     Instigating the Due Process

11.2.1     To instigate Due Process the Employer or the Principal/Employer's nominee shall advise the Employee in writing of:-

11.2.1(a)    the Employer’s concern about the Employee’s conduct or performance;

11.2.1(b)    the period of the Due Process, stating the expected timeline of the total process, and the times and dates when review meetings will take place within the timeline;

11.2.1(c)    the forms of assistance and counselling as appropriate that will be provided by the Employer to help the Employee address and overcome the Employer's concerns;  and

11.2.1(d)    the proposed time, date and place of the Initial Meeting of the Due Process.

11.3    The Initial Meeting

11.3.1     At the Initial Meeting :

11.3.1(a)    the Employee shall be given an opportunity to seek clarification of any points raised in the Employer's letter and to respond to the concerns raised; and

11.3.1(b)    there shall be an attempt to reach agreement regarding the expected timeline of the total process, and the times and dates when review meetings will take place within the timeline.

11.3.2    The Employee shall have the right to be accompanied by a nominee of the Employee at this Initial Meeting and subsequent review meetings.

11.4    Review Meetings

11.4.1     At the review meetings during the period of Due Process :

11.4.1(a)     the Employee shall demonstrate how the concerns of the Employer are being addressed; and

11.4.1(b)     the Employer shall provide advice to the Employee as to the progress of the Employee in addressing the concerns.

11.5    Concluding the Due Process

11.5.1     At the end of the timeline, the Employer shall advise the Employee in writing as to whether:

11.5.1(a)     the Employer's concerns have been satisfactorily addressed; and

11.5.1(b)     whether sufficient progress has been made to conclude the Due Process, or whether the Employer intends to extend the period of the Due Process.

11.6    Following the conclusion of the Due Process, if the Employer's intended course of action is to terminate the Employment of the Employee, Clause 25 of the Agreement and the provisions of the WR Act apply.

 

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