misconduct policy by - wa health, government of western … · · 2017-02-173.2 letter of...

Misconduct Policy Template Letters

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TITLE: MISCONDUCT POLICY – TEMPLATE LETTERS

1. BACKGROUND

1.1 To support the Misconduct Management Process of the WA Health Misconduct Policy (Policy), template letters (Templates) have been drafted to complement each phase of the process.

1.2 The Templates are not part of the Policy and not intended to be used as a substitute for complying with the requirements of the Policy.

1.3 The Templates do not apply to employees subject to the provisions of Part 5 of the Public Sector Management Act 1994 (PSM Act).

2. VARIATION AND USE

2.1 Every Template requires the inclusion of information specific to each case. 2.2 Each Template contains sections identified in brackets which require decisions be made

to determine what information is appropriate to reflect the specific circumstances of a case. The inclusion of this information is essential to ensuring the principles of procedural fairness are observed.

2.3 Failure to include specific information in the Templates may render the Misconduct Management Process unfair and potentially invalidate any Disciplinary Action.

2.4 Decision Makers, on advice from local Human Resources (HR) and where necessary in consultation with Health Industrial Relations Service (HIRS) or Corporate Governance Division (CGD), are responsible for ensuring any communication is compliant with the Policy.

2.5 Health services may make minor amendments to the information contained in each Template providing the information remains consistent with the Policy. Such amendments should be endorsed by local HR.

2.6 Templates may be adapted to ensure the Misconduct Management Process is applied within the relevant organisational context. Alternative Templates must be consistent with the Policy and endorsed by HR, CGD and HIRS.

2.7 Once populated, any letter drafted from a Template may be referred for review by local HR and where appropriate to HIRS.

Effective: September 2014

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3. INDEX OF TEMPLATE LETTERS

1. BACKGROUND ............................................................................................................. 1

2. VARIATION AND USE .................................................................................................. 1

3. INDEX OF TEMPLATE LETTERS ................................................................................ 2

3.1 COMPLAINT ACKNOWLEDGMENT .............................................................................3

3.2 LETTER OF ALLEGATION ...........................................................................................4

3.3 EXTENSION OF TIME TO RESPOND ..........................................................................6

3.4 NO RESPONSE – FOLLOW UP ...................................................................................7

3.5 NO FURTHER ACTION ................................................................................................8

3.6 CLARIFICATION OF RESPONSE .................................................................................9

3.7 APPOINTMENT OF AN INVESTIGATOR ................................................................... 10

3.8 INVESTIGATION – RESPONDENT ............................................................................ 11

3.9 INVESTIGATION – COMPLAINANT ........................................................................... 13

3.10 INTERVIEW SCHEDULED – RESPONDENT ............................................................. 14

3.11 INTERVIEW RE-SCHEDULED – RESPONDENT DID NOT ATTEND ........................ 15

3.12 PROPOSED FINDING AND PROPOSED ACTION ..................................................... 16

3.13 EXTENSION OF TIME TO RESPOND ........................................................................ 19

3.14 CONFIRMATION OF FINDING AND DISCIPLINARY ACTION ................................... 20

3.15 REVISED FINDING AND ACTION .............................................................................. 22

3.16 FINAL NOTICE TO COMPLAINANT ........................................................................... 23

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3.1 COMPLAINT ACKNOWLEDGMENT Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Complaint – Allegation(s) of Misconduct I refer to your [LETTER/EMAIL/DISCUSSION] with [NAME] of/on [DATE] in which you allege misconduct by [NAME(S)]. This/These allegation(s) will be addressed in accordance with the Misconduct Management Process in the WA Health Misconduct Policy, a copy of which is attached for your attention. I will provide you with a further update in due course. To protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. [DELETE IF EXTERNAL COMPLAINANT] If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT RELEVANT SITE/SERVICE CONTACT DETAILS]. [DELETE IF EXTERNAL COMPLAINANT] Should you have any queries or wish to discuss any aspect of this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.2 LETTER OF ALLEGATION Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Opportunity to Respond It has come to my attention that you may have committed an act(s) of misconduct which may be a breach of the WA Health Misconduct Policy (Policy). In particular [NUMBER EACH ALLEGATION]: 1. [IDENTIFY BREACH OF POLICY/CODE/INSTRUMENT (IF IN ADDITION TO

MISCONDUCT POLICY) AND IDENTIFY THE ACT OF SUSPECTED MISCONDUCT COMMITTED BY EMPLOYEE1]

[SPECIFY PARTICULARS OF THE ALLEGATION]

2. [IDENTIFY BREACH OF POLICY/CODE/INSTRUMENT (IF IN ADDITION TO

MISCONDUCT POLICY) AND IDENTIFY THE ACT OF SUSPECTED MISCONDUCT COMMITTED BY EMPLOYEE]

[SPECIFY PARTICULARS OF THE ALLEGATION]

If proven, this/these suspected act(s) of misconduct may constitute (an) act(s) of misconduct as defined by the Policy. The Policy outlines the Misconduct Management Process which will be followed in relation to this matter, a copy of which is enclosed. Further information is available in the WA Health Misconduct Policy Explanatory Notes (Explanatory Notes), a copy of which is also enclosed. If you are found to have committed misconduct you may be subject to Improvement or Disciplinary Action. Disciplinary Action may include the issuing of a reprimand in the form of a warning, or the termination of your contract of employment. In accordance with the Policy, you have the opportunity to provide me with a response to this/these suspected act(s) of misconduct by [DATE]. Your response will be taken into

1 Allegation(s) should: • Identify the breach (i.e. code, policy or instrument) • Specify the details (particulars) of each act • Refer to location, dates, times, alleged actions or behaviours • Be accompanied by relevant information or documentation.

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consideration and will assist me in deciding what, if any, further action is required in respect of this/these allegation(s). If you fail to respond by this date or elect not to provide me with a written response, I may determine what further action is to be taken based on the information available to me. If you wish to provide a written response to this/these allegations, please mark the envelope containing your response “Private and Confidential”, to ensure the envelope is not opened as part of usual mail sorting and distribution. Please send your response to me at [ADDRESS]. Alternatively, you may provide your response by email to: [EMAIL ADDRESS] You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. [IF NOT REQUIRED TO PRESENT FOR DUTY: With immediate effect and until I notify you otherwise, you are directed not to present for duty. During this time, you will continue to receive payment of your salary. This direction does not pre-empt a finding into this matter and is not Disciplinary Action as per the Policy.] [IF TO BE RELOCATED: While this matter is subject to the Policy, you are required to report to [NAME] on [DATE] at [LOCATION]. Your duties will be [DESCRIBE IF APPROPRIATE]. This direction does not reflect a finding on this matter and is not Disciplinary Action as per the Policy.] To protect the interests of all parties, please treat this matter as confidential. [A DIRECTION MAY ALSO BE INCLUDED SUCH AS NOT TO CONTACT A PERSON] As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. If you require any further information or clarification please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.3 EXTENSION OF TIME TO RESPOND Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Extension of Time to Respond I am writing further to your telephone call/e-mail/letter [DELETE AS APPROPRIATE] of [DATE] requesting an extension of time to respond to my letter dated [DATE]. Your request for an extension of time to respond is approved. Please provide your written response by [DATE]. Please mark the envelope containing your response “Private and Confidential”, to ensure the envelope is not opened as part of usual mail sorting and distribution. Please send your response to me at [ADDRESS]. Alternatively, you may provide your response by email to: [EMAIL ADDRESS] You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. If you fail to respond by this date or elect not to provide me with a written response, I may determine what further action is to be taken based on the information available to me. I further remind you to protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. If you wish to discuss this matter further, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.4 NO RESPONSE – FOLLOW UP Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – No Response I refer to my letter of [DATE] to which I have not received a response from you. Please provide me with your written response by [DATE]. If you fail to respond by this date or elect not to provide me with a written response, I will determine what, if any, further action is to be taken based on the information available to me. These actions may include determining a Disciplinary Investigation should occur, or proposing that the suspected misconduct has been substantiated. You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. I again remind you that to protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. If you wish to discuss this matter further, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.5 NO FURTHER ACTION Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – No Further Action I refer to my letter to you of [DATE] and your subsequent response dated [DATE]. The explanation you have provided has satisfied me that you have not committed an act of misconduct. Accordingly, no further action will be taken in relation to this matter. I take this opportunity to remind you that this matter remains confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any further queries, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.6 CLARIFICATION OF RESPONSE Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Clarification I refer to my letter of [DATE] and your subsequent response dated [DATE]. After considering your response, I require further information and/or clarification in relation to [STATE THE ALLEGATION(s) INCLUDING ALLEGATION NUMBER(S) - COPY FROM LETTER OF ALLEGATION], prior to reaching a decision. [SPECIFY THE INFORMATION OR CLARIFICATION REQUIRED]. In accordance with the WA Health Misconduct Policy (Policy), you have the opportunity to provide me with your written response by [DATE]. This further information and/or clarification [DELETE AS APPROPRIATE] will be taken into consideration and will assist me in deciding what, if any, further action is required in respect of this/these suspected act(s) of misconduct. If you wish to provide a written response to this/these allegations, please mark the envelope containing your response “Private and Confidential”, to ensure the envelope is not opened as part of usual mail sorting and distribution. Please send your response to me at [ADDRESS]. Alternatively, you may provide your response by email to: [ADDRESS] If you fail to respond by this date or elect not to provide me with further information and/or clarification [DELETE AS APPROPRIATE] I may decide what further action is to be taken based on the information currently available to me. You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. I take this opportunity to remind you that this matter remains confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please so not hesitate to contact [NAME] on [NUMBER]. Yours sincerely

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3.7 APPOINTMENT OF AN INVESTIGATOR Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Direction to Conduct a Disciplinary Investigation On [DATE], I received an allegation of suspected misconduct against [NAME OF RESPONDENT]. I sought an explanation in response to these allegation(s) of suspected misconduct on [DATE] and received a written response on [DATE]. In accordance with the WA Health Misconduct Policy, I have determined this matter requires a Disciplinary Investigation and I am appointing you as the Investigator. The scope of the Disciplinary Investigation is confined to the allegation(s) of suspected misconduct being: [ALLEGATION(S) OF SUSPECTED MISCONDUCT AS PER LETTER OF ALLEGATION] Please undertake a Disciplinary Investigation within the identified scope and submit your findings by way of a written investigation report to me by [DATE]. Your investigation may only result in one of two findings being that the allegation(s) are either substantiated or not substantiated. The preferred investigation report template is at Attachment 1 of the WA Health Disciplinary Investigation Report Writing Guide. A copy of which is enclosed. All matters relating to the Disciplinary Investigation are confidential. [NAME] [POSITION] will provide you with all the documentation relating to this matter and any other assistance or information that you may require to undertake the Disciplinary Investigation. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.8 INVESTIGATION – RESPONDENT Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct - Notification of Disciplinary Investigation I refer to my letter to you of [DATE] and your subsequent response dated [DATE]. In accordance with the WA Health Misconduct Policy (Policy), I have determined that a Disciplinary Investigation is required into the suspected act(s) of misconduct. I have appointed [NAME] from [ORGANISATION/OFFICE] to conduct the Disciplinary Investigation. To facilitate the Disciplinary Investigation, you will be invited to attend an interview with the Investigator who will contact you to arrange a suitable time and date. You are entitled to attend this meeting with a support person, if you wish. Some of the steps that may be taken in conducting the Disciplinary Investigation include, but are not limited to, interviewing you, other relevant persons and the examination of all relevant records and other documentary material. At the conclusion of the Disciplinary Investigation, the Investigator will provide me with a written investigation report which will contain a finding(s) in relation to whether the suspected misconduct is substantiated or not substantiated. If I find the suspected misconduct is substantiated, the following actions are available to me: 1. Improvement action – this may include training or counselling; 2. Disciplinary action – this may include a reprimand in the form of a warning, a final warning

or the termination of your contract of employment; or 3. No further action. [IF NOT REQUIRED TO PRESENT FOR DUTY: Further to my letter dated [DATE], I reiterate that until I notify you otherwise, you are directed not to present for duty. During this time, you will continue to receive payment of your salary. This direction is not punitive and does not pre-empt a finding into this matter and is not Disciplinary Action as per the Policy.] [IF RELOCATED: Further to my letter dated [DATE], I reiterate while this matter is subject to the Policy, you are required to report to [NAME]. Your duties will continue to be [DESCRIBE IF APPROPRIATE]. This direction is not punitive and does not reflect a finding on this matter and is not Disciplinary Action as per the Policy.] I remind you, to protect the interests of all parties, please treat this matter as confidential.

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As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.9 INVESTIGATION – COMPLAINANT Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Complaint of Misconduct - Notification of Investigation I refer to my letter dated [DATE]. In accordance with the WA Health Misconduct Policy, I have determined that a Disciplinary Investigation is required and I have appointed [NAME] from [ORGANISATION/OFFICE] as the Investigator. Based on all the available information I will make a decision as to whether any misconduct has taken place and whether any action, including possible Disciplinary Action, is appropriate in the circumstances. To facilitate the Disciplinary Investigation, you may be invited to attend an interview with the Investigator. If necessary, [NAME] will contact you to arrange a suitable time and date for the interview. You are entitled to attend this interview with a support person, if you wish. To protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. [DELETE IF EXTERNAL COMPLAINANT] If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT RELEVANT SITE/SERVICE CONTACT DETAILS]. [DELETE IF EXTERNAL COMPLAINANT] Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.10 INTERVIEW SCHEDULED – RESPONDENT

Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Disciplinary Investigation Interview Further to our telephone conversation / email on [DATE], I wish to confirm as part of the Disciplinary Investigation into your suspected misconduct, you were invited you to attend an interview at [TIME] on [DATE] at [LOCATION]. Participation in an interview ensures you are aware of all the details of the suspected misconduct and that you have the opportunity to present any evidence. You are entitled to attend this interview with a support person, if you wish. If you elect not to attend this interview, finding(s) may be made based on the information available. I take this opportunity to remind you that this matter remains confidential. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name - NOT DECISION MAKER] [Position]

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3.11 INTERVIEW RE-SCHEDULED – RESPONDENT DID NOT ATTEND Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Suspected Misconduct – Failure to Attend Disciplinary Investigation Interview I refer to my letter dated [DATE], where you were invited to attend an interview with [NAME] at [TIME] on [DATE] at [LOCATION]. You did not attend [OR] you declined the invitation to attend. [DELETE AS APPROPRIATE] The interview has been re-arranged for [TIME] on [DATE] at [LOCATION]. [OR] [NAME] will contact you to establish a mutually convenient time to conduct the interview. [DELETE AS APPROPRIATE]. The interview has been re-scheduled in order to provide you with a further opportunity to ensure you are aware of all the details of the suspected misconduct and you have the opportunity to present your evidence. You are entitled to attend this interview with a support person, if you wish. If you elect not attend the re-scheduled interview, finding(s) may be made based on the information available. I take this opportunity to remind you that this matter remains confidential. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name - NOT DECISION MAKER] [Position]

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3.12 PROPOSED FINDING AND PROPOSED ACTION Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Misconduct – Proposed Finding and Proposed Action Further to my letter to you dated [DATE], [OR] [Further to [NAME of previous decision maker] letter to you dated [DATE], this matter has been referred to me to determine the finding in respect of the suspected misconduct]. [DELETE AS APPROPRIATE] The investigation into this matter has now concluded and I have had the benefit of reviewing your response(s) dated [DATE(s)], the Investigation Report (the Report) [DATED], and all other available information. [INVESTIGATOR] interviewed you on [DATE] [OR] you elected not to provide a response or participate in an interview. [PROPOSE FINDING – SUBSTANTIATED OR NOT SUBSTANTIATED – Refer to evidence relied upon in making these finding(s) such as admission, corroboration of evidence, preference for evidence, balance of probability] I propose to find, based on an assessment of the evidence gathered during the course of the Disciplinary Investigation and on the balance of probabilities that: 1. [COPY ALLEGATION OF SUSPECTED MISCONDUCT FROM LETTER OF

ALLEGATION] is [Substantiated/Not Substantiated] 2. [COPY ALLEGATION OF SUSPECTED MISCONDUCT FROM LETTER OF

ALLEGATION] is [Substantiated/Not Substantiated] [PROPOSED ACTIONS AVAILABLE - DELETE AS APPROPRIATE] Based on my proposed findings, I propose: [NO FURTHER ACTION] I am satisfied on the balance of probabilities and all the information available to me that no misconduct occurred and therefore no further action will be taken in relation to this matter. [OR] [IMPROVEMENT ACTION: TRAINING] I propose Improvement Action in the form of training. In order to ensure that you are properly trained in [INSERT], I will arrange for training on [DATE]. This training is not a Disciplinary

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Action and will not be recorded as such. [NAME] will be in contact in relation to the details of the training. [OR] [IMPROVEMENT ACTION: COUNSELLING] I propose Improvement Action in the form of counselling. In order to ensure that [INSERT APPROPRIATE DETAILS], you are required to attend a counselling meeting with [NAME] on [DATE] at [TIME] in [VENUE]. This meeting is not Disciplinary Action and will not be recorded as such. You are entitled to attend this meeting with a support person. [OR] [DISCIPLINARY ACTION – AS PER INDUSTRIAL INSTRUMENT] I propose Disciplinary Action by way of: • A reprimand in the form of a warning; [or] • A reprimand in the form of a final warning; [DELETE AS APPROPRIATE] [OR] [DISCIPLINARY ACTION – TERMINATION OF EMPLOYMENT] I propose to terminate your contract of employment with notice in accordance with [INSERT CLAUSE OF INDUSTRIAL AGREEMENT].

Prior to imposing this action, you have the opportunity to provide me with a written response to my proposed finding and action by close of business [DATE]. I will take your response into consideration before making a final decision. Failure to respond by this date or electing not to provide me with a written response, will result in me confirming my finding and the [STATE PROPOSED DISCIPLINARY ACTION] being effective close of business [DATE]. Please mark the envelope containing your response “Private and Confidential”, to ensure the envelope is not opened as part of usual mail sorting and distribution. Please send your response to me at [ADDRESS]. Alternatively, you may provide your response by email to: [EMAIL ADDRESS] You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. To protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS].

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Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.13 EXTENSION OF TIME TO RESPOND Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Misconduct – Extension of Time to Respond I am writing further to your telephone call/e-mail/letter [DELETE AS APPROPRIATE] of [DATE] requesting an extension of time to respond to my letter [DATE]. Your request for an extension of time to respond is approved. Please provide your written response by [DATE]. You may wish to seek the advice of a union or other representative. Please ensure you obtain advice in sufficient time to meet the timeframe for response. If you fail to respond by this date or elect not to provide me with a written response, I will make my decision based on the information available to me. I take this opportunity to remind you that to protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. If you require further clarification please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.14 CONFIRMATION OF FINDING AND DISCIPLINARY ACTION Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Misconduct – Confirmation of Finding and Disciplinary Action Further to my letter dated [DATE], I confirm I have received and considered your response [DATED]. [OR] You have been given a reasonable opportunity to respond to my letter, but have elected not to [OR] failed to respond. [DELETE AS APPROPRIATE] After further consideration, I have determined that the finding and action originally proposed remain appropriate in the circumstances. Consequently, I confirm Disciplinary Action to be: A reprimand in the form of a warning [OR] A reprimand in the form of a final warning. [DELETE AS APPROPRIATE]. A copy of this reprimand will be kept on your personnel file. Should there be cause to take further Disciplinary Action against you, possible outcomes may include reprimands in the form of warnings including a final warning, or the termination of your contract of employment. [OR] Termination of your contract of employment with notice, effective [DATE]. Please return any WA Health property that you currently have in your possession to [NAME] as soon as possible and at the latest by [DATE]. [IDENTIFY ITEMS SUCH AS LAPTOPS, PHONES, ETC] All outstanding entitlements will be calculated and paid into your bank account in the next pay period. Documentation pertaining to your final pay will be sent to you by post. [DELETE AS APPROPRIATE]. I take this opportunity to remind you that to protect the interests of all parties, please treat this matter as confidential.

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As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.15 REVISED FINDING AND ACTION Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Misconduct – Revised Finding and Confirmation of Disciplinary Action Further to my letter dated [DATE], I confirm I have received and considered your response [DATED]. Based on your response in which you acknowledge [IDENTIFY REASONS, MITIGATION/ADMISSIONS], I have decided to vary my proposed Disciplinary Action of [LIST ACTION]. I have determined the appropriate Disciplinary Action is to issue you with: [LIST REVISED DISCIPLINARY ACTION] A reprimand in the form of a warning [OR] A reprimand in the form of a final warning [DELETE AS APPROPRIATE] A copy of this reprimand will be kept on your personnel file. Should there be cause to take further Disciplinary Action against you, possible outcomes may include, reprimands in the form of warnings, including a final warning, or the termination of your contract of employment. I take this opportunity to remind you that to protect the interests of all parties, please treat this matter as confidential. As a result of a complaint having been made, a party to an allegation, or any other third party, must not victimise the complainant, respondent or witnesses. Victimisation includes any intentional unfavourable treatment and may result in disciplinary action. If you feel you would benefit from counselling and support I encourage you to access the confidential service offered by the Employee Assistance Program, [INSERT CONTACT DETAILS]. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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3.16 FINAL NOTICE TO COMPLAINANT Private & Confidential [Date] [NAME] [ADDRESS] [ADDRESS] Dear [NAME] Complaint - Allegation(s) of Misconduct I refer to my earlier correspondence to you regarding your allegation(s) of misconduct by [INSERT NAME(S)]. An investigation into the allegation(s) has now concluded and found that no act of misconduct occurred. Accordingly, no further action will be taken in relation to this matter. [OR] An investigation into the allegation(s) has now concluded and found that an act of misconduct occurred. Accordingly, appropriate action has been taken in relation to this matter. [OR] Due to the resignation of the respondent, I am unable to determine whether an act of misconduct occurred. [DELETE AS APPROPRIATE] I take this opportunity to remind you that to protect the interests of all parties, please treat this matter as confidential. Should you have any queries regarding this matter, please do not hesitate to contact [NAME] on [NUMBER]. Yours sincerely [Name] [Position]

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This document is available in different formats, upon request from

a person with disability. © Department of Health 2014

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misconduct policy by - wa health, government of western … · · 2017-02-173.2 letter of...

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