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dcu statutes - statute no. 3 of 2001

SUSPENSION AND DISMISSAL OF EMPLOYEES

 

This Statute is made by the Governing Authority of Dublin City University pursuant to the powers conferred on it by Section 33 of the Universities Act 1997.

1. Scope

1.1 This Statute shall apply to all employees and officers of the University.

1.2 The procedures set out in this Statute shall not apply to dismissals by reason of redundancy which may be effected by decision of the President of the University following consultation through normal industrial relations structures operating in the University with recognised staff associations or trade unions, as appropriate.

1.3 Isolated faults or omissions of a minor nature may be dealt with informally where the University considers that it is unnecessary to invoke the following formal procedure.

2. Definitions

2.1 In this Statute the following expressions shall (unless the context otherwise clearly requires) have the respective meanings set out opposite each of them as follows:-

"the Act" means the Universities Act, 1997;

"the Chancellor" means the Chairman for the time being of the Governing Authority;

"the Director of Personnel" means the Director of Personnel of the University for the time being or any person employed in the University's personnel department to whom all or any of the duties and functions of the Director of Personnel are delegated or assigned by the President from time to time;

"the disciplinary procedure" means the procedure for the suspension and dismissal of employees and officers of the University, as set out in this statute;

"employee"means any employee or officer of the University;

"the Governing Authority" means the Governing Authority for the time being of the University;

"the President"means the chief officer for the time being of the University or any employee of the University to whom any of the functions of the chief officer of the University have been delegated in accordance with the provisions of the Act;

"the University" means Dublin City University.

2.2 A reference in this Statute to the Act shall be interpreted as a reference to the Universities Act 1997 as amended or re-enacted from time to time.

2.3 Paragraph headings in this Statute are for ease of reference only and shall not affect the construction or interpretation of this Statute.

2.4 In this Statute the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa.

3. Delegation of Powers

3.1 The Powers of the University relating to suspension and/or dismissal of employees or officers of the University are hereby delegated to the President of the University in his capacity as chief officer of the University.

3.2 The President may delegate any of the powers of suspension, which are delegated to him pursuant to paragraph 3.1 above, to the Director of Personnel or any other employee of the University.

4. Disciplinary Procedure

4.1 The purpose of the disciplinary procedure set out in this Statute is to ensure that the University behaves reasonably and fairly towards all its employees in investigating and dealing with alleged instances of unacceptable conduct or performance. The University reserves the right to depart from the precise requirements of the disciplinary procedure specified below where it is expedient to do so and where the resulting treatment of the employee is not unreasonable or unfair.

4.2 All disciplinary action taken under these procedures will be recorded and placed in the University's records. Warning will be placed in the personnel files of the employee to whom they apply but will be removed after such period as shall be determined by the University if the employees service during the intervening period is satisfactory.

4.3 Penalties which may be imposed under the disciplinary procedure include:

  • verbal warning

  • written warning

  • final written warning

  • suspension (with or without pay)

  • demotion/reduction in pay

  • compulsory transfer or reassignment

  • dismissal

4.4 The University's disciplinary procedure falls into 4 categories namely:

  • misconduct

  • gross misconduct

  • incapability

  • unsatisfactory sick absence

4.5 The following steps will be taken, as appropriate, in all cases of disciplinary action:

Investigations: No disciplinary action will be taken before a proper investigation has been undertaken by the University relating to the circumstances of the matter complained of. If appropriate, the University may suspend an employee with pay for a specified period during which an investigation will be undertaken. During the period of suspension the employee will not be entitled to access to any of the University's premises except at the prior request or with the prior consent of the Director of Personnel and subject to such conditions as the Director of Personnel may impose. A decision to suspend an employee will be taken by the President or the Director of Personnel (if the power to do so has been delegated to such person by the President) and will be confirmed in writing.

Decision Making: The University may elect to offer the employee the opportunity to make written representations or to convene a disciplinary hearing. The employee will be given details of the complaint against him before he will be expected to make any written representations or attend any such disciplinary hearing. At any disciplinary hearing the employee will be given an opportunity to state his case. The employee may be accompanied by a fellow employee of his choice or by his local Union representative and/or Branch Secretary. Warnings and other disciplinary sanctions may be issued or imposed by the Director of Personnel. A decision to dismiss an employee shall be taken only by the President.

Appeals: An employee against whom disciplinary action has been taken has the right of appeal. He should inform the Director of Personnel in writing of his wish to appeal within five working days of the date of the decision which forms the subject of the appeal. The decision will become final and binding if the employee fails to notify his intention to appeal within the time permitted.

The appeal will be conducted as soon as possible thereafter and the employee will be given an opportunity to state his case and will be entitled to be assisted by a fellow employee of his choice or by his local Union representative and/or Branch Secretary.

An appeal will be heard by such officer of the University as shall be nominated from time to time by the Governing Authority for that purpose.

The decision on appeal will be notified to the employee in writing and will be final and binding.

The following procedure will apply in cases of alleged Misconduct:

Warning: This may be verbal or written or a final written warning (as the Director of Personnel may deem appropriate in the circumstances) and will be given by the employee's immediate supervisor in conjunction with the Director of Personnel and confirmed to the employee in writing. This warning will state that, if the employee commits a further offence of misconduct during the period specified in it, further disciplinary action may be taken against the employee up to and including dismissal.

Dismissal: A decision to dismiss an employee will not be taken by the President without reference to the Director of Personnel and will be notified to the employee in writing.

Other Sanctions: Other sanctions may be imposed in addition to or in substitution for warnings or dismissal.

Gross Misconduct may result in immediate dismissal without notice or pay in lieu of notice. A decision to dismiss an employee will not be taken by the President without reference to the Director of Personnel. Dismissal will be notified to the employee in writing. Other sanctions may be imposed in substitution for dismissal if the University considers that a dismissal is not warranted having regard to the particular circumstances.

4.6 The following are examples of Incapability:

- Poor performance

- Incompetence

- Unsuitability

- Lack of application

- Unsatisfactory sick absence

These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure.

The following procedure will apply in cases of Incapability:

Warning: This may be verbal or written or a final written warning (as the Director of Personnel may deem appropriate) and will be given by the employee's immediate supervisor. Any such warning will be confirmed to the employee in writing. This warning will specify the improvement required and will state that the employee's performance will be reviewed at the end of a specified period after the date of the warning. If the warning is a final written warning this will be stated and such warning will state that unless there is a substantial and sustained improvement in performance the employee will be dismissed.

Dismissal: The decision to dismiss an employee will not be taken by the President without reference to the Director of Personnel. Dismissal will be notified to the employee in writing.

4.7The following are examples of Unsatisfactory Sick Absence:

- long-term absence due to injury or sickness:

- frequent short-term absence due to minor ailments

 

In the case of unsatisfactory sick absence the University may require the employee to be:

(a)examined by an independent medical practitioner of its choosing; in this event, the employee will be required to co-operate with such a request and to permit the medical practitioner to discuss with the Director of Personnel the findings of his examination and his prognosis and prospects for future recovery; and/or

(b)interviewed by the Personnel Department (at the employee's home, if necessary) if there is a possibility, in the University's opinion, that his absence is wholly or partly due to a personal or domestic difficulty or there are other circumstances with which the University might be able to assist the employee.

The findings of the medical practitioner and/or the Personnel Department will be taken into account when the President and/or Director of Personnel considers the kind of action, if any, which the University will take against the employee in respect of his absence from work. Failure to co-operate will be regarded as Gross Misconduct and dealt with under the Disciplinary Procedure.

The President or Director of Personnel (as appropriate) may then decide on one or other of the following:

(a) the issuance of a final warning which will be confirmed to the employee in writing and will specify a further period over which the employee's attendance will be monitored and the level of improvement expected of the employee during such period; this warning will state that failure to show the necessary and a sustained improvement within the specified period will result in the employee's dismissal; or

(b) dismissal on notice if the University concludes, following the employee's medical examination, that he is unlikely to be fit to return to work in the foreseeable future and that, in all the circumstances, the needs of the University render it impracticable to await further the employee's return to health or fitness.

A decision to dismiss an employee will not be taken by the President without reference to the Director of Personnel and will be notified to the employee in writing.

5. General

5.1 The tenure of officers of the University shall be such tenure as is conferred on each such officer in his or her individual contract with the University.

5.2 This Statute may be cited as Statute No. 3 of 2001, Dublin City University.

5.3This Statute shall come into operation on the 22nd day of February 2001.

 

 

 

Present when the common seal of the UNIVERSITY was affixed hereto:



Signed:_________________________

Dr. T P Hardiman
Chancellor

 

 

Signed:___________________________


Prof. Ferdinand von Prondzynski
President