[Name of House]
Staff Misconduct and Discipline Policy
PURPOSE
The [Name of House] is committed to a supportive, cooperative and productive work
environment. However unlikely and undesirable, circumstances may arise where the
performance or conduct of a staff member conflicts with this commitment.
The purpose of this policy is to guide the House Management Committee, Coordinator, and employees in dealing with situations where a staff member may need
to be disciplined or, in extreme cases, dismissed.
This policy applies to the House Management Committee, Co-ordinator, and
employees, whether permanent, part time or casual.
While this policy should be read in the first instance in conjunction with the House
Staff Development and Performance Policy, Anti-Discrimination, Harassment and
Bullying Policy, EEO, Equity and Diversity Policy, Code of Ethics Policy and Conflict
and Grievance Resolution Policy, all House policies apply to staff misconduct and
discipline.
POLICY
The [Name of House] will identify and take timely action to deal with instances of
unsatisfactory work performance or inappropriate conduct by staff.
The House will comply with the Fair Work Act 2009 and the Social, Community,
Home Care and Disability Services Industry (Federal) Award 2010 in its dealing with
staff.
The House will apply consistent procedural fairness and natural justice in assessing
and ensuring satisfactory work performance and appropriate conduct of staff.
The standard of satisfactory work performance will be defined by the Award, relevant
position description and the documented outcomes of any staff development and
performance discussion.
The standard of appropriate conduct will be defined by House policies and
procedures and by current legislative and regulatory requirements.
The House will seek expert industrial advice as necessary to meet legal
requirements.
[Name of House]
Staff Misconduct and Discipline Policy
The Co-ordinator will be responsible for supporting staff, raising concerns about work
performance and conduct and resolving issues in accordance with this policy. In the
event that the issues relate to the Co-ordinator, the Management Committee will take
on this responsibility.
In the first instance, the House will offer a staff member graduated options to redress
their unsatisfactory performance or inappropriate conduct.
In cases of ongoing unsatisfactory work performance or inappropriate conduct, a
formal warning process will be commenced.
In cases of serious misconduct, summary dismissal will be an option.
PROCEDURE
Generally
Require members of the House Management Committee, Co-ordinator, and
employees to report concerns about work performance or conduct to the Coordinator, or the Management Committee, as the case may be.
Treat concerns about work performance or conduct confidentially.
Require staff reporting work performance or conduct concerns to put them in writing
if required by the relevant Anti-Discrimination, Harassment and Bullying Policy, EEO,
Equity and Diversity Policy, Code of Ethics Policy and Conflict and Grievance
Resolution Policy.
Seek the advice of an industrial relations advisory organisation such as Jobs
Australia if there are any doubts about proper procedures in dealing with work
performance or conduct.
Always consult with an industrial relations advisory organisation before proceeding
with a formal warning process or summary dismissal.
Work Performance
As soon as a work performance concern arises, the Co-ordinator, or the
Management Committee, as the case may be, will:
 Bring one-off work performance concerns to the attention of the staff member,
discuss the issues with them, and make a written record of the discussion and
agreed outcomes.
[Name of House]
Staff Misconduct and Discipline Policy

Raise ongoing work performance concerns at a regular or, if necessary,
specially convened staff development and performance discussion in
accordance with the Staff Development and Performance Policy

Give the staff member the opportunity to respond to the concerns

Seek the agreement of the staff member on the details of the performance
issues, required actions and outcomes, and failing this determine those
matters.

Record the specifics of the work performance concerns, the expected level of
performance, the tasks, training (if any) and timelines required of the staff
member to meet work performance standards.

Alert the staff member to the possible consequences of failing to meet the
required standards of work performance and the process that will be followed.
Conduct
Deal with misconduct in accordance with the applicable House Anti-Discrimination,
Harassment and Bullying Policy, EEO, Equity and Diversity Policy, Code of Ethics
Policy and Conflict and Grievance Resolution Policy.
If the misconduct is conduct not covered by the above policies use the procedures
set out below.

Bring one-off conduct concerns to the attention of the staff member discuss
the issues with them, and record in writing the discussion and agreed
outcomes.

Raise ongoing conduct concerns at a regular or, if necessary, specially
convened staff development and performance discussion in accordance with
the Staff Development and Performance Policy

Give the staff member the opportunity to respond to the concerns

Seek the agreement of the staff member on the details of the conduct issues,
required actions and outcomes, and failing this determine those matters.

Record the specifics of the conduct concerns, the expected level of conduct,
training (if any) and timelines required of the staff member to meet appropriate
conduct standards.

Alert the staff member to the possible consequences of failing to meet the
required standards of conduct and the process that will be followed.
For serious and wilful misconduct, apply the summary dismissal procedures.
[Name of House]
Staff Misconduct and Discipline Policy
Formal Warning Process
Follow the formal warning process if the work performance concern or misconduct is
ongoing, not improving in accordance with requirements for improvement already
recorded, and potentially leading to the option of dismissal.
The Co-ordinator, or the Management Committee, as the case may be, will:
First warning

Schedule a meeting and inform the staff member of the seriousness of the
work performance or conduct concern.

Ensure that all relevant information has been gathered and reviewed.

Give the staff member the opportunity to have an observer present.

Provide the staff member with a clear explanation of why their performance or
conduct is unsatisfactory and the possible ramifications.

Provide them with the opportunity to respond.

Set a timeframe by which the issues will be addressed.

Document the interview including all agreed outcomes. This document is to be
signed by the staff member and the person conducting the interview, or if the
staff member declines to sign, by the person conducting the interview alone.
Second warning

If the issues have not been addressed within the agree time frame, schedule
another review meeting.

Ensure that all relevant information has been gathered and reviewed.

Give the staff member the opportunity to have an observer present.

Provide the staff member with a clear explanation of why their performance or
conduct is unsatisfactory and the possible ramifications.

Provide them with the opportunity to respond.

Agree on a revised timeframe by which the issues will be addressed.

Document the interview including all agreed outcomes. This document is to be
signed by the staff member and the person conducting the interview, or if the
staff member declines to sign, by the person conducting the interview alone.
Final warning

If after the first and second warnings have been given and the performance or
conduct has not improved, schedule a final warning meeting.

In the case where the Co-ordinator is dealing with issues relating to a staff
[Name of House]
Staff Misconduct and Discipline Policy
member, discuss the final warning meeting with the House Management
Committee and have a delegate of the Committee present at the meeting.

In the case where the House Management Committee is dealing with issues
relating to the Co-ordinator, discuss the final warning meeting with an
independent and neutral person, and have them present at the meeting.

At the meeting, clarify for the staff member that they must address the issues
immediately.

Advise the staff member of the options if they do not meet the required
standards, including the strong possibility of dismissal.
Termination
If there is no agreed improvement in performance or conduct to the standard
required and recorded in writing by the above procedures, the Co-ordinator, or the
Management Committee, as the case may be, will:

ensure that all other available options, including extension of probation,
restricting work role, delaying salary progression have been explored.

review all documentation to ensure that the processes have been fair and
objective and that the staff member has been given both the opportunity and
the support to improve their performance.

provide a written notice of termination, observing the statutory minimum
period contained in the Fair Work Act 2009.

Include a clear statement of the reasons for dismissal in the notice of
termination.
Summary Dismissal
Only use summary dismissal for serious and wilful misconduct, including serious
neglect of duty and serious inefficiency. Acts of misconduct may include, but are not
limited to:

wilful or deliberate behaviour inconsistent with the terms of employment

insubordination

serious workplace discrimination, harassment or bullying

theft

fraud

intoxication
[Name of House]
Staff Misconduct and Discipline Policy

derogatory or abusive language

violence

concealment of a material fact on engagement

obscenity

dishonesty in the course of the employment

conviction of an offence which renders the staff member completely unfit for
the work.
Consider each case on its own merits, and if summary dismissal is found to be lawful
and seems necessary, the Co-ordinator, or the Management Committee, as the case
may be, will:

suspend the staff member from duty immediately pending any further
investigation.

consult the Management Committee and/or external expertise

ensure that the person delegated to conduct the dismissal has a responsible
member of staff, member of the Management Committee or independent and
impartial person present to act as a witness.

Ensure that the reason for dismissal is given consistent with the terms of the
Fair Work Act 2009 and the Social, Community, Home Care and Disability
Services Industry (Federal) Award 2010, clearly conveyed to the staff member
and recorded on the staff member's personnel file.
DEFINITIONS
For the purposes of this policy:
Natural justice
is the process of examining the issues impartially
and giving all parties the right to be heard without
bias and the opportunity to respond to matters
raised.
Procedural fairness
means consistently and fairly applying NHT
policies and procedures, relevant position
description and documented outcomes of any staff
development and performance discussion.
Summary dismissal
is dismissal without notice for serious and willful
misconduct.
[Name of House]
Staff Misconduct and Discipline Policy
ADOPTION AND REVISION HISTORY
Include policy versions, approvals, review dates etc. here.
This policy was adopted by the Management Committee of [Name of House] on
_________________
Signature
Signature
Print name
Print name
Position
Position