Misconduct

Introduction

This policy applies to all Board members, employees, consultants, mentors and contractors of ASHM, unless otherwise specified.

Purpose

The purpose of this policy is to ensure that ASHM representatives are aware of behaviour that could amount to misconduct and that all relevant parties are aware of ASHM’s policy for dealing with misconduct.

Definitions

For the purpose of this policy, all ASHM’s Board members, full time and part time employees, contractors, consultants, mentors and volunteers will be referred to as an ‘ASHM representative’.

Misconduct

Behaviour amounting to misconduct includes, but is not limited to, the following:

failing to obey lawful (relevant laws to any respective jurisdiction) and reasonable instructions of ASHM;
failing to follow defined policies, procedures and rules;
failing to share key relevant information with ASHM (the determination of key relevant information will be reasonably determined by the CEO);
unacceptable disruptive behaviour;
unauthorised absence from the workplace; and
repeatedly being late for work without lawful (relevant laws to any respective jurisdiction) excuse.

Serious misconduct

Behaviour amounting to serious misconduct includes, but is not limited to:

a breach of ASHM’s Code of Conduct;

wilful or deliberate behaviour that is inconsistent with the representative’s contract of employment;
theft;
fraud;
assault;
intoxication at work or at an ASHM related event;
use of derogatory, violent or abusive language;
fighting;
failure to observe safety rules;
concealment of a material fact on engagement;
obscenity and other forms of sexual misconduct;
dishonesty in the course of the employment; and
criminal conduct including conduct that, if proven, renders the representative completely unfit for work.

Whether misconduct amounts to serious misconduct may depend on the particular circumstances of a given case. Supervisors/managers should consider the circumstances fully as they apply to the particular representative when determining whether or not the representative has engaged in conduct that could be considered serious misconduct.

Policy

ASHM expects its representatives to observe acceptable standards of behaviour.

ASHM may discipline any representative who engages in unacceptable behaviour.

ASHM representatives must not engage in behaviour that amounts to misconduct (including serious misconduct) at the workplace. This includes where representatives are working on site or off-site, virtual or in person, attending a work-related conference or function, or attending a client or other work-related event, including retreats and social events.

When travelling for business purposes, an ASHM representative is always representing ASHM, including after work hours and is obliged to act in accordance with this policy and the ASHM Code of Conduct.

Where an ASHM representative engages in misconduct or alleged misconduct, the processes in this policy will be followed.

When proven, misconduct may provide a valid reason for termination of an ASHM representative’s employment with notice.

If an ASHM representative believes they have been wrongly charged with misconduct, they may appeal their case to the ASHM Human Resources Manager and the CEO.