MacVille Disciplinary Dismissal Policy

This document outlines MacVille's Disciplinary Dismissal Policy, which governs the termination of employment contracts due to both resignation and dismissal for misconduct or unsatisfactory performance. It details the notice periods required by law, procedures for handling allegations of misconduct, and a step-by-step process for addressing employee performance issues. The policy also emphasizes the right of employees to be accompanied by a union representative during discussions and their entitlement to a written statement explaining the reasons for dismissal.

MACVILLE Disciplinary Dismissal Policy
Policy Statement
It is a policy of MacVille that ensures that dismissal of employees due to termination and
resignation is efficiently and professionally handled with minimum or no workplace disruption.
Applicability
This policy is applicable to all the employees of the organization.
Detailed Policy Statement
Part 1
I. An employee’s contract of employment may be terminated by either the employer
or the employee giving the notice required by the applicable Award or the
Industrial Relations Act 1990.
II. Where the prescribed notice is not given, the employee shall be paid wages in lieu
of notice, or the employer may withhold wages due to the employee, as the case
may be, equivalent to the notice not given or received.
Part 2
I. Notwithstanding Part 1 above, where any employee is guilty of misconduct, the
contract of employment may be terminated instantaneously. In such cases there is
no requirement for the giving of notice or payment in lieu of notice.
II. Where it is alleged that an employee is guilty of misconduct, the employee shall be
provided with details of the allegation/s and be given a reasonable opportunity to

respond to allegations prior to a decision being made to either terminate the
employment or to issue a written warning.
Part 3
I. Where it is alleged that an employee’s capacity or performance is unsatisfactory,
then the following procedure should be followed. The existence of this procedure
shall not prevent an employee being dismissed in accordance with Part 2 above.
II. The initial discussion and direction will be provided on an informal basis by the
Business manager or other authorized person. The employee shall be advised that
such discussion forms part of the process arising out of Clause 3.1.
III. If the problem/s persist the Business manager or other authorized person will discuss
with employee:
 the matter/s of concern;
 actions necessary to resolve the concerns;
 and a timetable for improvement to be evidenced.
Input including explanations will be sought from the employee.
IV. As a result of this discussion the Business manager or other authorized person will
notify the employee in writing regarding those matters in question discussed per
Clause 3.5 above. The notice will detail:
 the matter/s of concern;
 actions necessary to resolve the concerns;
 a timetable for improvement to be evidenced.

V. This notice will be signed and confirmed by the employee to record the discussion in
(3) above. If there is a disagreement as to the content of the notice the employee
shall have the opportunity for their view to be placed on the record.
VI. Appropriate monitoring and counseling shall then be provided to the employee by
the Business manager or other authorized person.
VII. Where the problem/s is not rectified through the use of the above process, the
employee’s contract of employment may be terminated.
Part 4
I. At any meeting or discussion forming part of the process in Part 2 or 3, the employee
may be accompanied by a Union representative or other person of the employee’s
choosing.
Part 5
I. On request a dismissed employee will be provided with a written statement of
reasons for dismissal.