Disciplinary Code


DISCIPLINARY CODE AND PROCEDURE FOR
NTEU MEMBERS AND OFFICE BEARERS

OBJECTIVE

The objective of this code is to ensure that each member of the union complies with all the terms and conditions of the NTEU Constitution and fulfils his/her obligations to the Union.

It further aims to ensure that a member is fairly dealt with and that a proper investigation is conducted in each instance, before taking any disciplinary action.

To further accentuate any corrective aspects of disciplinary matters, members shall be counselled on minor behavioural issues.

Where a member’s behaviour is alleged to be in serious contravention of the Union’s Constitution and the rules and regulations that are listed in this code, a disciplinary inquiry will be held following an initial investigation.

The disciplinary code will be applied consistently.

All members will be made aware of the Disciplinary Code and Procedure and the standards that are expected of them.

The effective date of this code is November 2000.

Rules and Regulations

These are the basic rules and regulations of the union, which members are expected to comply with at all times. Failure to comply with these rules shall entitle the governing body which has jurisdiction (Branch Executive Committee or Council of Chairpersons) to initiate disciplinary steps deemed appropriate in the circumstances, which may include counselling, verbal warnings, written warnings, and termination of membership after a proper and fair investigation and in accordance with the standing disciplinary procedure set out below. These rules are not to be read in isolation, but include any related activity, which has a bearing on them.

All members must comply with the NTEU Constitution, which may be revised from time to time.
1. All accidents involving you or others, equipment or property, however minor during official NTEU business must be reported immediately to the branch Secretary.
2. All accidents involving you or others, equipment or property, however minor during official NTEU business must be reported immediately to the branch Secretary.
3. Members may not enter NTEU premises after business hours unless prior permission is granted by person/s having jurisdiction to grant such request.
4. No equipment may be removed from NTEU premises without permission granted by person/s having jurisdiction to grant such request.
5. Assaults, threats, victimisation, harassment, intimidation and obscenity are regarded in a serious light. Members are required to refrain from such behaviour. Where a complaint of this nature is lodged, NTEU retains the right to hold an independent inquiry.
6. Members may not disclose confidential information or information prejudicial to the union to non-members, nor the press or any other person or organisation, without prior permission of the President.
7. Members are expected to apply themselves dutifully and diligently, and should use their best means and endeavours to promote the union. Members should at all times refrain from bringing the union in disrepute.
Procedure
1. In the event of a breach of this code, which cannot be resolved through counselling, the disciplinary code shall be applied.
2. The BEC/CoC shall appoint a disciplinary committee consisting of three persons, one of which may be nominated by the member, to deal with the breach of code.
3. The union shall keep written records of all disciplinary action in order that the system may be monitored for fairness and equity.
4. It is accepted that the principles of natural justice must apply to disciplinary enquiries and these are as follows:
4.1 The member must know the allegation against him/her.
4.2 The member is entitled to representation in the form of a co-member of his/her choice.
4.3 The member or his/her representative is entitled to copies of all documentation pertaining to the enquiry in order to properly prepare a defence.
4.4 The member is entitled to an impartial enquiry
4.5 The member is entitled to a translator should English not be his/her mother tongue.
4.6 The member is entitled to state his/her case and cross examine witnesses.
4.7 The member is entitled to know the outcome of the enquiry in writing.
4.8 The member is entitled to appeal to the ext higher authority against the outcome of the enquiry.
5. The disciplinary committee should consider:
5.1 Cause and effect of all the alleged misconduct.
5.2 The disciplinary action must suit the offence and must be fair and reasonable
5.3 Mitigating circumstances
6. No member’s membership may be terminated without the approval of the BEC/CoC
7. NTEU retains the right to recoup any financial losses resulting from offences by members found guilty of the charges brought against them.
Disciplinary Action

The disciplinary committee shall be entitled to take any of the following corrective action in terms of the Guidelines:
1. Temporarily suspend a member pending a disciplinary hearing in cases of serious allegations.
2. Issue a written warning.
3. Issue a final written warning.
4. Recommend termination of membership to the BEC/CoC.
After consideration of all the evidence, the decision to take the appropriate action must be explained to the member.

Appeal Procedure

In the event of any disciplinary action being taken against a member, that member shall have the right to appeal against the action taken

A letter stating the intention to appeal must be lodged with the Secretary within three working days after notice of the decision in a disciplinary hearing was served on the member. The appeal shall be referred to a special BEC/CoC meeting whose decision shall be binding on both parties.

Guidelines regarding offences

The following are possible offences which could be considered within the scope of this disciplinary code:
1. Breach of NTEU Constitution.
2. Abusive or denigrating behaviour, including sexual harassment whilst on NTEU business.
3. Behaviour, speech or actions which may have the effect of causing bad relations between members or between staff of NTEU and other organisations.
4. Intimidation of other members and/or staff.
5. Fraudulent claims for travels and reimbursements whilst on official NTEU business
6. Assault o another member or staff member.
7. Divulging confidential information to person/s not entitled to receive that information or where such information is legally privileged.
8. Making public statements or remarks or behave in a manner which has the intention of bringing the Union into disrepute.