collective agreement between heritage malta and the union ...

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APPENDIX F: Disciplinary Procedure(Vide Clause 39 – Discipline)DISCIPLINARY PROCEDURE1.0 Disciplinea) The AGENCY requires all its employees to conductthemselves properly with high standards ofperformance and behaviour and to maintain thehighest levels of integrity.b) Levels of OffencesA distinction shall be made between Minor Offencesand cases of more serious or Gross Misconductc) Cases of Gross MisconductEach case shall be heard by a Disciplinary board setup for the purpose. The Board shall consist of aChairman and two members appointed by theAGENCY. The Chairman of the Board shall be eitherthe Chief Executive of the AGENCY or the Manager -Corporate Services. Minutes of the proceedings ofthe Disciplinary Board are to be taken.Such cases of Gross Misconduct shall include:- Dishonesty within and outside the AGENCY thataffects daily performance at work.- Theft, misappropriation and embezzlement ofAGENCY’s property- Malicious forgery of any AGENCY document- Unauthorised divulgation of AGENCY confidentialinformation to third parties- Abuse and/or misuse of AGENCY documents,computer data, software, records, etc.- Gross negligence in performance of duties- Wilful insubordination or failure to comply withany lawful and reasonable order of a superior- Repeated unauthorised and/or unjustifiedabsence from work- Wilful damage to the AGENCY’s property- Assault- Flagrant or repeated sexual harassment- Flagrant or repeated disregard of the AGENCY’srules and practices- Continuous poor performance- Unauthorised use of AGENCY hardware andsoftware to house and/or process personal and/orthird party data when such use is not connectedwith duties to the AGENCY- The abuse or distribution of illicit drugs and/oralcohol at work- Attending for work under the influence of drugsand/or alcohold) Minor OffencesDisciplinary hearings for Minor Offences shall beheard by the Manager – Corporate Services following21
a written report by the Department’s management.Such cases shall include:- Poor quality work- Poor attitude at work- Misconduct and/or persistent disobedience- Unwarranted unpunctuality including both latearrivals and early departure from work withoutauthorizationNote: repeated offences, even if considered‘minor’ of their own accord, will be treated asmore serious Gross misconduct2.0 General Proceduresa) The AGENCY will be represented at disciplinaryhearings by AGENCY officials who may be assistedby a consultant/legal advisor.b) Employees charged with any offence will be givenevery opportunity to state their case and to berepresented by their UNION and/or person of theirchoice. The number of persons assisting eachemployee shall be one (1), who may be a UNIONrepresentative.c) No person involved in the disciplinary proceedingsmay disclose to any person other than in the exerciseof this official function relative to such disciplinaryprocedures, the contents of any document,communication, or information whatsoever which hascome of his notice during the proceedings of thecase.d) The decision of the disciplinary board composed asstated above, shall be considered as final unless the22employee appeals in writing to the CEO within ten(10) days after the decision has been taken. In suchcases a new board will be set up consisting of achairperson in agreement with the two parties, arepresentative of the AGENCY and one of theUNION. The outcome of this board, which is to beconvened within one (1) month from the receipt ofthe written appeal, shall then be considered as final.3.0 Suspension from Worka) An employee may be suspended by managementduring the course of investigations and/or disciplinaryproceedings and/or criminal proceedings if hisretention, in the AGENCY’s opinion, is in conflict withhis duties and responsibilities in the AGENCY.The period of suspension for alleged offences withinthe AGENCY will not exceed one (1) year. Foralleged criminal offences outside the AGENCY therewill be no such limit.b) During the period of suspension regarding allegedoffences within the AGENCY the employee shallreceive half his/her salary. No pay shall be given toemployees suspended in connection with criminaloffences.c) If after the investigations by the AGENCY no actionis taken against the employee, of if such action istaken and the employee is found not guilty of whathe/she was suspended for, he/she will be fullyreinstated in his/her former post and refunded thepay withheld.
Page 2 and 3: TABLE OF CONTENTSCLAUSE NUMBERPAGE
Page 4 and 5: An Agreement entered into this ____
Page 6 and 7: to Grades A and B as outlined in Ap
Page 8 and 9: normal time of commencement of work
Page 10 and 11: iii)After twenty four (24) months c
Page 12 and 13: 24. SALARY ADJUSTMENTS ON PROMOTION
Page 14 and 15: employee’s responsibility to ensu
Page 16 and 17: 42. UNOFFICIAL INDUSTRIAL ACTIONThe
Page 18 and 19: APPENDIX A: Categories of Employees
Page 20 and 21: ) The rates of pay (before deductio
Page 22 and 23: APPENDIX D: Resignation or Terminat
Page 26 and 27: 4.0 Disciplinary proceduresa) In al
Page 28: APPENDIX H: Closed Days 2004 - 2006

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