Review of Determination
58 Committee of Review of Determination
58.1 This clause does not apply to Casual Employees or employees serving a period of Probation (as set out in clause X (Probation)).
58.158.2Any referral to a Committee of Review must occurAn employee may request that a determination made by the Relevant Senior Executive under clause X (Misconduct / Serious Misconduct) or clause X (Unsatisfactory Performance) be reviewed by the Provost. Such a request must be made by within five (5) working days of the employee receiving the Relevant Senior Executive’s determination. The Committee will meet to deal with the matter, on the papers, as soon as practicable.
58.3 Where the determination of the Relevant Senior Executive is termination of the employee’s employment and the employee requests a review of the determination under this clause, the employee will be suspended in accordance with clause X (Suspension). Suspension in this circumstance will be without pay.
58.2 The Committee of Review shall comprise:
a. a Chair of the Committee, appointed by the Relevant Senior Executive and agreed between the Relevant Senior Executive and the members of the relevant Staff Consultative Committee other than those representing management;
b. an employee nominated by the Relevant Senior Executive; and
c.an employee nominated by the members of the relevant Staff Consultative Committee other than those representing management.
58.3 Each Committee member must be in a position to discharge their function as a member of the Committee free from actual or perceived conflict of interest.
58.258.4 54The reviewCommittee will operate in accordance with the principles of natural justice.
58.358.5 65An employee must provide any further written submissions to be considered by the Committee Provost within five (5) working days after being notified of the composition of the Committeeof lodging their request for a review.
58.6 76The University must provide any further written submissions to be considered by the Committee Provost within five (5) working days after receipt of an employee’s submission, or the passing of time referred to in clause 58.558.5.
58.7 In circumstances where the University assess that a conflict of interest exists, the University will, in consultation with the relevant Staff Consultative Committee, appoint an alternative senior executive to conduct the review.
58.458.8 Provost’s Review and Decision
58.558.9Upon receipt of the documentation referred to at clauses 58.5 and 58.6, or on the passing of time provided for in clauses 58.5 and 58.6 the Committee Provost will:
a. Meet to cReviewonsider the matter on the papers;
b. Make their decision;
b. PDetermine by majority whether it is necessary to hear from the employee and or other witnesses concerned and/or a delegate of the University. Where the employee requests to be heard they will be heard. Where either the employee or a delegate of the University appears before the Committee, the other party will also be present and be provided an opportunity to respond.
c. Complete its deliberations andrepare a make its report, including reasons for theirits conclusions decision within twenty (20) working days. , except wWhere a longer period is recommended or agreed by the Chairrequired, the employee will be notified in writing; and.
d. Make its decision unanimously or by majority. A dissenting member of the Committee must record their dissenting decision with reasons.
e.d.The Committee will rReport to the Vice Chancellor and President on:
(i) whether they areit is satisfied that each of the facts or matters alleged has been proven;
(ii) whether the facts as proven constitute Misconduct/Serious Misconduct or Unsatisfactory Performance respectively, on the part of the employee;
(iii) whether, in the opinion of the ProvostCommittee, there are any mitigating circumstances raised by the employee; and
(iv) theirits recommendation as to whether the Vice-Chancellor and President should exercise any of their powers, including imposition of Disciplinary Action together with reasons for its findings.
58.658.10 8.8Vice-Chancellor and President's Decision
a. Upon receiving the Provost’s report of the Committee of Review, the Vice-Chancellor and President:
(i) must have regard to the report, howeverhowever, is not bound by the report or its findings;
(ii) must take into account any mitigating factors set out in the report;
(iii) may, if they are satisfied that Misconduct/Serious Misconduct or Unsatisfactory Performance has occurred, determine to impose Disciplinary Action; and
(iv) willshall advise the employee in writing of their decision, the reasons for their decision, and including the nature of any Disciplinary Action with reasons for the decision and any Disciplinary Action. .
b. The Vice-Chancellor and President's decision and actions taken pursuant to that decision will be final, except that nothing in this clause will be construed as excluding the jurisdiction of any court or tribunal.
c. 58.9Suspension During Review Process
d.b. Where the determination of the Relevant Senior Executive is termination of the employee’s employment and the employee elects to have the matter considered by the Committee of Review, the employee will be suspended in accordance with clause 56.2. Suspension in this circumstance will be without pay.