IMS5.7 Disciplinary Procedure

1.0   PURPOSE

The purpose of the disciplinary process is to assist employees to overcome identified problems in regard to their work performance or conduct and provide a structured opportunity for the employee and their Supervisor/Manager to improve the individual’s work performance. While most issues will be appropriately addressed on a day-to-day basis or at the performance appraisal level, without having to follow the formal disciplinary process, there will be occasion when the disciplinary process will be required.

2.0   SCOPE

This policy applies to all full-time, part-time, casual and temporary employees.

3.0   REFERENCES

Curtis Island Services PTY LTD Enterprise Agreement 2014

4.0   DEFINITIONS

Nil

5.0   REQUIREMENTS

5.1   Disciplinary Procedure

Disciplinary action may be taken by the Employer in the event of an Employee's unsatisfactory performance or behaviour.

5.1.1  Initial Counseling

Should an Employee's behavior or performance be considered to be unacceptable and warrant disciplinary action, his or her Manager will speak to the Employee concerned and the Manager will make a diary note of the counseling session. The Employee concerned must be informed why his or her behaviour or performance has been unsatisfactory and the form of acceptable behavior or performance that is required.

5.1.2  Initial Formal Warning

Should another occasion of unacceptable behaviour or performance by the same Employee occur again after counseling, a written warning may be issued. The written warning will outline the consequences of any further breach.

Prior to the written warning being issued the following process will be followed:  

• the Employee must be told what actions or behaviour is acceptable and will be required to acknowledge that they understand what their obligations are.
• the Employee will be given the opportunity to explain the unacceptable behaviour or performance including the opportunity to provide such explanation in private to the Operations or General Manager. The Operations or General Manager may provide advice as to the counseling services available in terms of personal problems the Employee may be experiencing if this is deemed to be the reason for the unacceptable behaviour or performance.
• at the conclusion of the disciplinary interview a record of the interview will be made and signed by the Employee and Manager as an accurate record of the interview. The Employer will retain this record. The Employee will be given a copy for his or her own reference;
• as a result of the interview process a written warning may be issued. A copy of the warning will be placed on the Employee's personnel file.

5.1.3  Final Formal Warning

Should a further incident of unacceptable behaviour or performance by the same Employee occur again and a prior written warning has been issued:

The same process outlined in 5.1.2 above will be repeated. If after this process the Manager deems it appropriate, a final warning will be given to the Employee. The content of such a warning will include but not necessarily be restricted to:

• the time and date of the warning;
• details of previous steps undertaken in accordance with this procedure;
• a description of the most recent unacceptable behaviour or performance; why that behaviour or performance is unacceptable and what constitutes acceptable behaviour or performance;
• advice that further unacceptable behaviour and/or performance may lead to dismissal with or without notice.

A copy of the warning will be placed on the Employee's personnel file. A final written warning will only be given by the Operations Manager after the Operations Manager has obtained approval for the issuing of the final written warning from the relevant General Manager.

5.1.4  Action in Respect to Dismissal of an Employee

Should a further incident of unacceptable behaviour or performance by an Employee who has received a final warning occur again, the following will occur:

• all aspects of the case will, where possible, be discussed with the General Manager (or in the General Manager's absence his or her nominee);
• if the General Manager or nominee considers that dismissal may be warranted, the Employee must be given the opportunity in the presence of the Employee's representative (if one has been requested) to hear the allegations and provide an explanation as to his or her behaviour;
• if the Employer decides to dismiss the Employee, the Employee will be informed of the reasons for dismissal.
• the Employer will confirm the notice of dismissal in writing.

5.1.5  Instant Dismissal

Nothing in this procedure affects the right of the Employer to terminate without notice an Employee's employment in circumstances where serious misconduct occurs as defined below

• Willful or deliberate behaviour that is inconsistent with the continuation of the employment;
• Conduct that causes imminent and serious risk to the health or safety of a person, or to the reputation, viability or profitability of the Employer's business;
• Theft, fraud, assault, being intoxicated at work; or
• Refusing to carry out a lawful and reasonable instruction that is consistent with the Employee's contract of employment.
• Where significant damage is caused to a vessel or to infrastructure through the negligence of the employee, such damage must be considered significant where repair costs exceed $25,000.00.

Instant dismissal on the grounds of serious misconduct must be taken by the General Manager or his/her nominee and must be confirmed in writing. Before such a dismissal occurs the Employee must be given an opportunity to hear any allegations in the presence of the Employee's representative (if one has been requested), and if necessary an interpreter to assist with English language difficulties.

5.2   Employer may proceed directly to Initial or Final Formal Warning

The Employer may proceed directly to issue an Initial Formal Warning or a Final Formal Warning in the first instance relating to any conduct that in the Employer's opinion warrants such action. For the avoidance of doubt, the Employer is not obliged to provide Initial Counseling or an Initial Formal Warning in the event that a Final Formal Warning is issued, where the Employer relies on this clause.

5.3   Employee may request removal of a Formal Warning  

An Employee may request after the passing of a suitable period of time (which period will depend on the severity of the warning) that a Formal Warning be removed from their employee personnel files. The removal of the Formal Warning must be at the discretion of the Employer.