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collective agreement between heritage malta and the union ...

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a written report by <strong>the</strong> Department’s management.Such cases shall include:- Poor quality work- Poor attitude at work- Misconduct <strong>and</strong>/or persistent disobedience- Unwarranted unpunctuality including both latearrivals <strong>and</strong> early departure from work withoutauthorizationNote: repeated offences, even if considered‘minor’ of <strong>the</strong>ir 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 <strong>the</strong>ir case <strong>and</strong> to berepresented by <strong>the</strong>ir UNION <strong>and</strong>/or person of <strong>the</strong>irchoice. The number of persons assisting eachemployee shall be one (1), who may be a UNIONrepresentative.c) No person involved in <strong>the</strong> disciplinary proceedingsmay disclose to any person o<strong>the</strong>r than in <strong>the</strong> exerciseof this official function relative to such disciplinaryprocedures, <strong>the</strong> contents of any document,communication, or information whatsoever which hascome of his notice during <strong>the</strong> proceedings of <strong>the</strong>case.d) The decision of <strong>the</strong> disciplinary board composed asstated above, shall be considered as final unless <strong>the</strong>22employee appeals in writing to <strong>the</strong> CEO within ten(10) days after <strong>the</strong> decision has been taken. In suchcases a new board will be set up consisting of achairperson in <strong>agreement</strong> with <strong>the</strong> two parties, arepresentative of <strong>the</strong> AGENCY <strong>and</strong> one of <strong>the</strong>UNION. The outcome of this board, which is to beconvened within one (1) month from <strong>the</strong> receipt of<strong>the</strong> written appeal, shall <strong>the</strong>n be considered as final.3.0 Suspension from Worka) An employee may be suspended by managementduring <strong>the</strong> course of investigations <strong>and</strong>/or disciplinaryproceedings <strong>and</strong>/or criminal proceedings if hisretention, in <strong>the</strong> AGENCY’s opinion, is in conflict withhis duties <strong>and</strong> responsibilities in <strong>the</strong> AGENCY.The period of suspension for alleged offences within<strong>the</strong> AGENCY will not exceed one (1) year. Foralleged criminal offences outside <strong>the</strong> AGENCY <strong>the</strong>rewill be no such limit.b) During <strong>the</strong> period of suspension regarding allegedoffences within <strong>the</strong> AGENCY <strong>the</strong> employee shallreceive half his/her salary. No pay shall be given toemployees suspended in connection with criminaloffences.c) If after <strong>the</strong> investigations by <strong>the</strong> AGENCY no actionis taken against <strong>the</strong> employee, of if such action istaken <strong>and</strong> <strong>the</strong> employee is found not guilty of wha<strong>the</strong>/she was suspended for, he/she will be fullyreinstated in his/her former post <strong>and</strong> refunded <strong>the</strong>pay withheld.

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