Serious Misconduct

Rationale: To define what is unacceptable conduct as an employee of Bright Beginnings

Policy & Procedure:

• Bright Beginnings is committed to fairness and will operate in a fair, just manner with any employee alleged to have conducted themselves in an unacceptable manner.
• Bright Beginnings will demonstrate it’s commitment to practices that promote the health, wellbeing and safety of all employees, parents and whānau and children at Bright Beginnings by defining serious misconduct and how it will be dealt with.
• Bright Beginnings will consider all evidence before making judgement on the nature of the act, omission or course of conduct.
• An unacceptable course of conduct performed by an employee manner can be seen as, but not limited to:
  • Unlawful, corrupt or irregular use of Bright Beginnings funds or resources;
    • An act, omission or course of conduct that knowingly poses a risk to parents and whānau, children and staff of Bright Beginnings.   An act of physical violence;
    • Being in a state of intoxication (whether unprescribed drugs or alcohol);
    • Displaying a disregard of health and safety practices;
    • Being part of sexual, emotional or physical abuse, or the neglect of young children.
  • An act, omission or course of conduct that constitutes as an offence, or is unlawful;
    • Offences relating to dishonesty or fraud of property belonging to Bright Beginnings, intellectual property, money or information, possession an/or use of property belonging to another employee without their permission, and falsification of timesheets.
  • An act, omission or course of conduct that is oppressive, discriminatory, negligent or grossly mismanaging;
  • Refusal to carry out the duties and expectations of the employees position, or to carry out any lawful and reasonable instruction given by the employee’s manager or and other person acting with the authority of Bright Beginnings;
  • Inappropriate use of internet or email facilities;
  • Abuse of special leave, such as sick leave or bereavement leave;
  • Unauthorised absence from duty.
• Nothing in this policy and procedure will be construed as instant dismissal should serious misconduct occur. Bright Beginnings Manager will consider all acts and omissions in the context in which they happen, consider any contexts or circumstances and may, at their discretion, determine the consequence for the misconduct.
• Where the Manager deems the misconduct to be of serious nature, the director may consult an employment relation’s specialist.
  • In consultation with the employment relations specialist, the employee may be dismissed or continue with the disciplinary procedure which may lead to dismissal.
• Bright Beginnings will act fairly in all disciplinary matters involving employees. The principles of fairness involve:
  • Informing the employee of the nature of the alleged misconduct or serious misconduct;
  • Inquiring into the context or circumstances of the matter as soon as practical;
  • Allowing the employee to be represented at all stages throughout the inquiry;
  • Giving the employee an opportunity to provide reasons and explanations concerning the allegations;
  • Providing the employee with the opportunity to see and comment on evidence gathered prior or during the investigation, before a decision is made;
  • Informing the employee of the decision and the reasons for the decision; providing the employee with opportunity to comment on the decision and considering the comment prior to putting the decision in writing.