Staff Code of Conduct

2. Code of Conduct

2.1 Staff are expected to act honestly, conscientiously, reasonably and in good faith at all times having regard to their responsibilities, the interests of the University and the welfare of colleagues and students.

2.2 Staff have an obligation to the University to:

a) be present at work as required and to be absent from the workplace only with proper authorisation;

b) carry out their duties in an efficient and competent manner, and maintain specified standards of performance.

c) comply with lawful and reasonable employer instructions and policies and to work as directed;

d) respect the privacy of individuals and use confidential information only for the purposes for which it was intended.

e) neither use, nor allow the use of, University property, resources, or funds for other than authorised purposes;

f) incur no liability on the part of the University without proper authorisation;

g) maintain all qualifications (including registration and annual practising certificates) necessary for the performance of their duties legally and efficiently;

h) not demand, claim or accept any fee, gratuity, commission or benefit from any person or persons other than the University in payment for any matter or thing concerned with their duties and responsibilities, nor to accept any gift or favour from any source which could be seen as influencing a business relationship;

i) avoid conflicts of interest.

3. Breaches of the Code of Conduct

3.1 Misconduct involves contravention of the above obligations. Serious misconduct involves serious and/or repeated contravention of the above obligations.

3.2 If established, misconduct may lead to a reprimand and warning. Serious misconduct, if established, will usually lead to summary dismissal, that is, dismissal without notice.

3.3 Serious misconduct is behaviour which undermines the contractual relationship between employee and employer, and/or threatens the wellbeing of the organisation, or its staff and students. Serious misconduct includes, but is not confined to, the examples below:

a) Refusing to perform properly specified duties or to carry out lawful and reasonable instructions of managers or supervisors.

b) Assaulting or threatening to assault any employee, student, or visitor on University premises.

c) Behaving in a manner causing safety risks to students or staff, such as smoking in areas specifically designated as hazardous or unauthorised use of fire protection or safety equipment.

d) Being affected by alcohol or non-prescription drugs while at work.

e) Having unauthorised possession of, or removing property belonging to the University, another staff member, student or visitor.

f) Wilfully submitting a false claim on a timesheet, for expenses, or any other deliberate falsification of a University record.

g) Deliberately or recklessly acting, or failing to act, in a manner resulting in serious damage to University property.

h) Repeatedly contravening the Code of Conduct.

4. Disciplinary procedures

4.1 Formal disciplinary action is not taken lightly. The University's experience has been that nearly all staff perform well, conduct themselves reasonably, and overcome minor problems without the need for formal discipline. Initially, problems are dealt with in the expectation that staff will give of their best once a deficiency is pointed out and that any difficulties can be overcome at the workplace level.

4.2 Where the University has cause to believe that a satisfactory standard of performance has not been reached and maintained, or that the code of conduct has otherwise been breached, formal disciplinary procedures are likely to be invoked.

4.3 The Employment Court has developed some important principles as to what constitutes procedural fairness in disciplinary procedures and there are three main requirements:

a) An employee must receive notice of the specific allegation of misconduct and of the likely consequences should the allegation be established;

b) There must be a real opportunity for the employee to explain or refute the allegation;

c) There must be proper and unbiased consideration of the explanation.

4.4 Unless a matter is so serious as to warrant instant dismissal, staff are entitled to be warned about disciplinary breaches and told of the manner in which their performance or conduct must improve. Warnings may be given orally or in writing but the University ordinarily confirms formal warnings in writing. It is usually appropriate to give at least two warnings although some circumstances may call for one final warning.

4.5 Any formal warning will include:

a) A statement of the specific problem.

b) The University standard or policy breached.

c) The corrective action required.

d) The period within which the corrective action must be taken.

e) Reference to the meeting(s) with the staff member and any explanation given by the staff member.

f) The University's decision.

g) The consequences of failure to take the required corrective action or any further breach.

h) Reference to any prior warnings.

4.6 Suspension. The University may need to insist that a staff member not remain at work while the matter of concern is being investigated, e.g. where safety is involved. Unless the relevant contract of employment provides for suspension without pay, any suspension will be on full pay.

4.7 In the case of dismissal, the University's decision, and the reasons for it, will be confirmed in writing to the staff member before the dismissal is effected.

5. Rights of staff in cases of disciplinary action

5.1 Some staff rights are inherent in the foregoing provisions, notably 4.3 and 4.5.

5.2 Where the University institutes formal disciplinary action and conducts interviews with the staff member for that purpose, the staff member is entitled to bring a friend, a union representative or other person to any such meeting.

5.3 Personal Grievances - The principal legislative provisions are contained in Part 9 of the Employment Relations Act 2000. Section 103 defines a personal grievance. The procedure set out in the Act shall apply unless the relevant employment contract includes an agreed procedure that is not inconsistent with the Act.

5.4 Other legislation that may be relevant in some cases includes The Human Rights Act 1993 and The Race Relations Act 1971.

Human Resource Management
Te Wāhanga Whakahaere Pūmanawa Tangata
The University of Waikato - Te Whare Wananga o Waikato
Last modified: Thu Jul 13 09:53:55 2006