Home' Managing Performance : Issue 1 Contents 37
► termination of employment.
The employee will be advised of the disciplinary outcome in writing and a
copy will be placed on the employee’s personal file.
Stage 9 – Inform the employee who raised the allegation: Where
an allegation of misconduct has been made by another employee, that
employee/manager and Complainant must be notified when the allegation
has been dealt with and the process has concluded.
(b) Serious misconduct process
The VPS Workplace Determination does not distinguish between misconduct
and serious misconduct. The misconduct process outlined above applies to
all allegations of misconduct.
However, it should be noted that where an employee is dismissed for
serious misconduct, the employer does not have to give the employee a
notice period or payment in lieu of notice. Nonetheless the employer should
consider whether a payment in lieu of notice is reasonable, having regard to
the circumstances, including to minimise risk and assist the employee with
their transition from the relevant employment.
additional support – eaP, training and resources
Employees ought to be offered appropriate support during the misconduct
process as it can be a difficult and stressful time.
Employers should inform employees involved in the process for managing
misconduct that counselling can be arranged through the EAP, which is
a program intended to provide early and effective support to employees
requiring it. This may include both employees (managers and complainants)
who have raised allegations of misconduct in relation to other employees,
and employees who are required to respond to allegations of misconduct.
role of the decision-maker and investigating officer
Before beginning the process for managing misconduct, it is important
to identify who the relevant decision-maker for the employer is and what
their role entails. Such preparation will clarify and streamline the managing
misconduct process and minimise confusion throughout the process.
The role of the decision-maker is outlined at Stages 1-4 and Stages 7-9 of
the managing misconduct process above. Generally, the role of the decision-
► to communicate clearly with employees – it is important that the
employee is aware of the specific allegations and has had an opportunity
► to manage people and processes – ensure those involved in the
process, including the employee and the investigator, understand each
step, and their role, in the process;
► to consider all the relevant facts in determining an outcome –
including the investigator’s findings and proposed outcome as well as any
response from the employee;
► to maintain proper records – particularly if the process does not run
smoothly or that the employee provides a response, it is critical that the
employer has taken notes and is able to evidence each step taken
throughout the process. Increasingly, employers are making audio
recordings to ensure they accurately record each step in the process.
The role of the investigator is outlined at Stages 5-6 of the managing
misconduct process outlined above. By way of general summary, the role
of the investigator is to:
► to communicate clearly with the employee and relevant witnesses
– it is important that the investigator obtains all relevant facts and
materials and allows the employee to adequately respond;
► to consider all the relevant facts – the investigator is to collect all data
(from sources including email, telephone, tablets, security cameras,
vehicles and computer system use) and not make any allegations or
pre-empt investigation outcomes;
► to maintain proper records – it is critical that the investigator has taken
notes and is able to evidence each step taken throughout the process.
Some extra guidelines
These extra guidelines are applicable to all employers, not just those
covered by the VPS Workplace Determination:
► The types of conduct that will constitute misconduct depends on the
particular circumstances in each case. In some circumstances
confidentiality issues will be paramount; in others, avoiding a conflict of
interest will be.
Links Archive Navigation Previous Page Next Page