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Discipline (Staff)

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First created 13 October 2004
Last reviewed 30 May 2020
Review cycle Two years
Approver Senior Leadership Team
Owner Projects Manager
Stakeholders Staff
Child Safety National Principles 1-5, 7-8, 10

Overview #

The Association for Christian Education Inc (ACE) will ensure a fair process for dealing with matters that may involve misconduct or poor performance and where disciplinary action may be considered.

Rationale and Scope #

The purpose of this policy is to outline the procedures applicable in the case of a staff member requiring disciplinary action. It applies to all staff.

Attachments and References #

This policy may be read in conjunction with the following documents:

  1. Complaints and Grievances (Staff) Policy
  2. Performance Review Policy

Examples of Misconduct #

The following are examples of misconduct that may result in disciplinary action:

  1. Violation of Rehoboth policies and procedures;
  2. Unauthorised or unjustified absence;
  3. Insubordination;
  4. Disobedience of lawful and reasonable orders;
  5. Conducting personal business in Rehoboth time;
  6. Soliciting business from Rehoboth’s membership

Policy Statements #

  1. Principals/Most Senior Teacher (MST) will:
    1. ensure that the staff member is advised of matters of alleged misconduct or poor performance that may require disciplinary action;
    2. consult fully with the CEO who will provide support and advice to those involved in the process;
    3. immediately and thoroughly investigate all allegations or circumstances of alleged misconduct / or poor performance;
    4. require witnesses to give statements (if necessary);
    5. keep all investigation details in writing;
    6. clearly explain details of alleged misconduct / poor performance to the employee and details of evidence relating to the misconduct / performance;
    7. give the employee full opportunity to respond – pay the employee’s response due consideration. This response may be in writing and / or in person;
    8. meet with the employee to discuss allegations of misconduct or poor performance;
    9. allow the employee the opportunity to have a support person present if he or she wishes (the support person may be asked to remain silent during any meetings with the employee).
  2. In matters involving poor performance Principals/MST should: 
    1. ensure the employee is fully aware of the standards of performance required and clearly communicate in detail areas where there are performance concerns;
    2. give employees the opportunity to lift their performance to the levels required;
    3. consider if additional training is required and assist in the provision of additional training if necessary;
    4. ensure all conversations, meetings and performance concerns are fully documented;
    5. consider and recommend action if necessary (the issuing of warnings to the employees should only be taken having obtained approval from the CEO for such action);
  3. Employees who are guilty of general misconduct may be given a warning by the Principal having first discussed the matter with the CEO and obtained permission to do so.
  4. Warnings are only to be issued by a Principal (having first fully briefed the CEO and obtained authorisation to issue the warning) or the CEO him/herself. In most circumstances the first warning will be verbal, but fully documented for reference. All subsequent warnings should be issued to the employee in writing ASAP stating clearly why the warning is being issued and possible consequences for further breaches. All allegations must be substantiated prior to the issue of a warning.
  5. The level of severity will be indicated by a warning and may result in termination.
  6. Only the CEO or Board may dismiss an employee for serious misconduct. An employee may be dismissed, if found guilty of serious misconduct, without notice or compensation. Serious misconduct may include:
    1. theft or fraud.
    2. brawling, violence, or assault;
    3. wilful damage to Rehoboth goods or property;
    4. breach of confidence including but not limited to disclosing confidential information (including student, family or organisation);
    5. refusing a reasonable and lawful instruction when warned such action may result in termination; 
    6. alcohol and drug use including but not limited to; being under the influence of alcohol or drugs whilst on duty, unauthorised consumption of alcohol whilst on duty, illegal drug use whilst on duty;
    7. sexual misconduct;
    8. inappropriate use of technology (e.g. sourcing inappropriate material on the internet);
    9. child abuse.
  7. Only in extremely serious incidents will serious misconduct result in summary dismissal. Every case is to be judged on the surrounding evidence. Options other than dismissal should be considered e.g., demotion or a final warning.
  8. If the Association for Christian Education believes that a particular employee has a deficient or unsatisfactory performance level, the procedure on conducting a Performance Review will be activated. Please refer to the College’s Performance Review Policy for procedures and associated forms.
  9. The CEO will always obtain independent legal advice when contemplating dismissal.