Managing Misconduct and Discipline Policy

Last reviewed: April 2022

 

  1. PURPOSE

INSPIRE CHURCH seeks to create a healthy, safe and rewarding working environment based on the principles of fairness and equity while ensuring that the church is productive, its resources and governance are protected, and its reputation for creating a Christ-centred environment is maintained. Where employee’s behaviour and conduct have the potential to damage the effective and harmonious operation of the church, this policy will be invoked to ensure that the disciplinary procedure is fair, impartial and transparent. This policy provides a framework for the management and application of a disciplinary action relating to misconduct and serious misconduct.

 

2. SCOPE

This policy covers all employees and volunteers.

This policy applies to the following entities:

  • Inspire Church Trust (ABN 32 544 907 791)

  • Inspire Community Service Inc (ABN 92 213 144 274)

  • Sydney Training Institute (ABN 79 612 695 449)

  • Inspire Child Care Foundation Limited (ABN 25 607 740 027)

  • Inspire Church Wollongong Inc (ABN 54 547 420 375)

  • Inspire Church Foundation Trust (ABN 81 964 004 992)

Or any other organisation registered or otherwise within the Inspire Group of Churches or support organisations.

This policy does not apply to processes for managing unsatisfactory performance which constitutes underperformance.

 

3. Policy Statement

Employee disciplinary procedures are designed to provide a structured, transparent and equitable time-based process where managers and employees can discuss deficiencies in conduct and the severity of this conduct and, where appropriate, implement a planned and agreed strategy to ensure the misconduct is not repeated.

The aim of this policy is to ensure that the employee is aware of the reasons for the disciplinary action being taken, the interventions and strategies being implemented for improvement and the possible outcomes of the disciplinary procedure relating to misconduct and serious misconduct.

 

4. procedure

It is everyone’s responsibility to report suspected misconduct and serious misconduct for the sake of INSPIRE CHURCH employees’ and volunteers’ health and safety, and INSPIRE CHURCH’s reputation and viability. As a result, it is INSPIRE CHURCH’s intention that disciplinary matters will be dealt with swiftly, fairly and in line with relevant legislation.

The objective of this policy is to ensure that behaviours that are consistent with and supportive of the law and that INSPIRE CHURCH’s values and desired culture are reinforced. In this respect, and depending on the severity of the misconduct, INSPIRE CHURCH recognises that:

  • An initial supportive response may be more effective than taking immediate

    formal corrective and disciplinary action

  • Counselling and coaching approaches are used to identify the reasons for conduct

  • All cases are treated with respect and sensitivity.

Where these responses and approaches fail, and formal corrective and disciplinary action is invoked, such actions are intended to be corrective rather than punitive, excepting where immediate termination of employment is justified.

For the purpose of this policy, “Misconduct” includes the following:

  • misdemeanour;

  • inappropriate behaviour;

  • making improper use of one’s position for personal gain;

  • failure to comply with the church’s policies or a provision of any statute or regulation that applies to the employee in the employee’s employment;

  • unauthorised absence from duty;

  • inappropriate use of the church’s property and facilities.

“Serious misconduct” includes:

  • wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment (which could take the form of criminal behaviour);

  • Conduct that causes serious and imminent risk to the health and safety of a person, or the reputation, viability or profitability of the employer’s business;

  • sexual misconduct;

  • financial misconduct; or

  • conduct that is divisive.

Where the matter is considered “reportable conduct”, the Church’s ‘Child Protection Policy and Procedures’ shall be followed and override this policy in regards to the way a matter is handled.

The person with whom the allegation is being made against shall not be required to respond to a same offence/allegation that has already been resolved and previously dealt with by the church, unless new information comes to hand that changes the resolved outcome. Where a person is aware that this has occurred and continues to persist in bringing up the matter publicly, privately or using the process outlined in this policy, it shall be considered a serious breach of this policy. In the case of an employee, this may amount to termination of employment. In the case of a volunteer, this may involve stepping down immediately from the role they currently volunteer in. Where serious misconduct is involved, it may not be appropriate to follow each of the steps below concerning counselling, informal verbal warnings or formal written warnings.

The Managing Misconduct and Discipline Policy should be provided to the employee at commencement of employment, and they are to be offered the option of having a support person attend any meeting. A support person may be a work colleague or responsible person, but it cannot be a family member. Any representative must be pre-approved by the business manager or the senior pastor.

Where employees and volunteers wish to make a complaint, whether formally or informally, they must follow this process. Where they do not follow this process, it shall be considered a serious breach of this policy. In the case of an employee, this may amount to termination of employment or a volunteer ministry position. In the case of a volunteer, this may involve stepping down immediately from the role they currently volunteer in. Where the matter involves a person at risk of immediate danger or harm, or abuse committed, they shall speak immediately to the Senior Pastor, or in the case of an allegation made against the senior pastor, to the Secretary of the Board.

The disciplinary procedure in most cases involves a four stage progression:

 

5. procedure for misconduct as defined above

Step 1. Verbal Warning

After observing or being notified of misconduct by an employee, the manager should establish the facts and consult with the Business Manager for advice and support as soon as possible. The manager will:

  • gather relevant facts and assess any relevant documentation

  • undertake an interview with persons who may (or should) have knowledge of the employee’s behaviour and who may have witnessed any incident or event

  • review any relevant policies and procedures, taking into account the employee’s past record and

  • prepare a chronology of events to record what has occurred, and make a critical assessment to determine an appropriate course of action.

Once sufficient information (facts) has been collected, the manager should arrange an appropriate time to meet with the employee concerned.

A verbal warning will be issued describing the offending action / behaviour, its effects, and consequences. The manager will also specify the corrective action and future behaviour required. An agreed and reasonable period for monitoring and review will be established.

The objective of this step is for the matter to be resolved without progression or escalation. The employee must be given the opportunity to respond to issues raised.

After the meeting, the manager will complete the Employee Discipline Record of Meeting form and record succinct and detailed factual notes. A copy of this document will be provided to the employee and a copy placed on the employee’s employment file.

Step 1 should be concluded within 20 working days after observing or being notified of the misconduct.

Step 2. First Written Warning

Where the employee’s behaviour does not improve and remains unacceptable, or a subsequent related issue has been raised, a written warning will be issued.

The manager will arrange a meeting with the employee and provide an opportunity for the employee to respond to the issues raised.

At the meeting, the manager will provide:

  • details of the unacceptable behaviour

  • reiteration of acceptable behaviour

  • reference to previous meetings and support provided to resolve the matter

  • time frame for monitoring and reviewing progress

  • a future meeting time to assess ongoing employment and

  • advice to the employee that failure to address the concern may result in termination of employment.

After the meeting, the manager will prepare the Managing Misconduct and Discipline Record of Meeting Form and, if satisfied that the concern has been substantiated, advise the Business Manager to issue the First Written Warning detailing the discussion at the meeting.

The written reprimand will include a section for the employee to acknowledge its contents. If an employee refuses to sign the acknowledgement, the manager will duly note the document.

A copy of the completed form will be provided to the employee and a copy placed on the employee’s employment file.

Step 3. Final Written Warning

If the required behaviour change still does not occur within a specified and agreed time, a final written warning will be issued. The manager will arrange a meeting with the employee.

At the meeting, the manager will provide:

  • details of the unacceptable behaviour

  • reiteration of acceptable behaviour

  • reference to previous meetings and support provided to resolve the matter

  • time frame for monitoring and reviewing progress

  • a future meeting time to assess ongoing employment and

  • advice to the employee that failure to address the concern may result in termination of employment.

The employee will be given an opportunity to respond to matters raised.

After the meeting, the manager will prepare the Managing Misconduct and Discipline Record of Meeting Form and, if satisfied that the concern has been substantiated, advise the Business Manager to issue a Final Written Warning detailing the discussion at the meeting.

The written reprimand will include a section for the employee to acknowledge its contents. If an employee refuses to sign the acknowledgement, the manager will duly note the document.

A copy of the completed form will be provided to the employee and a copy placed on the employee’s employment file.

Step 4. Notice of Dismissal (Termination of employment)

A meeting will occur if after a final written warning has been issued and, with a reasonable period of time to monitor and review, it is evident that the behaviour has not and will not reach the expected standards.

The manager will contact the Business Manager to discuss and review the entire discipline process to date to ensure it has not been harsh, unjust or unreasonable. Any decision to terminate an employee must be endorsed by the Senior Pastor in consultation with the Business Manager and approval from the board

At the meeting, the manager will:

  • advise that the unacceptable behaviour has continued

  • reiterate the behaviour that was required and

  • provide details of previous meetings, counselling and warnings issued.

The employee will be provided with an opportunity to respond and give reason or provide details of any other relevant matters that may avert their potential termination of employment.

After taking a reasonable time to consider the employee’s response, if it is determined termination is appropriate, the employee will be provided with confirmation of the termination of their employment in accordance with INSPIRE CHURCH’s policies concerning termination and the Fair Work Act 2009.

After the meeting, the manager will prepare the Managing Misconduct and Discipline Record of Meeting form and a copy will be placed on the employee’s employment file.

The notice of termination will be applied in accordance with INSPIRE CHURCH policies or the National Employment Standards, whichever provides the maximum terms and conditions for employees.

 

6. process for serious misconduct as defined above

Where serious misconduct is alleged, the person making the allegation shall ensure the following steps are undertaking:

  • The allegation must be made through a written signed statutory declaration, signed by a Justice of the Peace or person authorised to validate under the Oaths Act 1900 (NSW).

  • The allegation must outline:

    • Details of the alleged conduct

    • How they became aware of the allegation (was it seen, was it overheard, who told them of the allegation).

    • Who else is involved, who else is aware of the allegation.

    • Times and Dates that they became aware of the allegation or witnessed the alleged conduct.

  • Allegations made from anonymous sources will not be investigated.

The allegation must be submitted to the Senior Pastor or the Secretary of the Board if the allegation is made against the Senior Pastor. The Senior Pastor will follow the procedures outlined in this policy.

Allegation against the Senior Pastor

Where the subject of the allegation is the Senior Pastor of the Church, the matter should be referred to the Church Board.

Where an allegation has been made about the Senior Pastor, the following process shall also occur:

  • The allegation must be made through a written signed statutory declaration, witnessed by a Justice of the Peace / Commission of Oaths.

  • The person receiving the allegation must forward the allegation to the Board Members, excluding the Senior Pastor, and any other member who may have a conflict of interest via email or in person.

  • A Board Meeting must be called within 7 days to resolve the process to be undertaken that will assist to resolve the complaint or allegation. Steps to resolve the complaint may include, but not be limited to, the following:

    • The matter is referred to the NSW police or a relevant government

      authority.

    • The matter is referred to the State or National Australian Christian Churches President

    • The matter follows steps outlined in the Church’s Child Protection Policies and Procedures.

    • An external investigator is appointed to assist the Board to investigate the matter, which may include recommendations to change internal procedures.

    • A written warning is provided to the Senior Pastor in relation to the alleged conduct.

    • The matter is rejected due to it being frivolous, trivial or vexatious.

    • Counselling is provided to either party involved.

    • Announcements are made to staff, volunteers or the church as a whole.

    • Based on the seriousness, the employee may be suspended with pay until the matter is investigated.

  • The Senior Pastor will be provided the appropriate work place entitlements and processes as required by the Fair Work Act for an employee of an Australian workplace.

  • The Senior Pastor is provided up to 3 days to provide an initial response to the allegation and can apply for an extension to the Secretary or Deputy Chairperson. The Board must be made aware of this request and the response provided by the Secretary or the Deputy Chairperson.

  • The Board must be guided by the principles of natural justice and procedural fairness, and must comply with any process outlined in the Fair Work Act or related legislation.

  • To assist in the implementation of this policy and procedure, the Board may receive external advice or internal assistance if required to ensure a fair process is followed.

  • The Board must keep the Senior Pastor informed about the outcome of any internal investigations.

  • If appropriate, the Senior Pastor’s employment may be terminated where the

    Board has complied with Federal and State industrial relations legislation.

 

7. Other

It is also a provision of this policy that INSPIRE CHURCH may initiate the disciplinary process at any stage of this policy, where deemed appropriate, dependent on the seriousness and circumstance of each case. That is, if a matter is deemed serious, INSPIRE CHURCH may begin the disciplinary process at any of the steps within the policy, dependent on the facts surrounding the matter.

The church reserves the right to undertake an alternative procedure where the matter is considered to be serious misconduct. In such matters, the church may suspend the employee with or without pay and / or temporarily transfer the employee to an alternative work unit during the conduct of an investigation.

It is not expected that parties will commence any action permitted under the Fair Work Act 2009 or any other action until internal policies and procedures have been applied and followed

 

8. Legislative Content

This Managing Misconduct and Discipline policy has been developed to ensure INSPIRE CHURCH complies with the Fair Work Act 2009 and any other relevant legislation.

Contact
For questions about this policy, contact the General Manager email at manager@inspirechurch.com.au