38Initial stage for dealing with allegations of misconduct

#### 38 Initial stage for dealing with allegations of misconduct 38 Initial stage for dealing with allegations of misconduct > > (1) An allegation of misconduct by an employee of a government sector agency may be made by any person to the person who exercises employer functions in relation to the employee. > > > (1A) The employee in respect of whom the allegation is made is referred to in this Part as the relevant employee and the person who exercises employer functions in relation to the employee is referred to in this Part as the employer. > > > (2) After making an initial assessment of the allegation, the employer may decide not to proceed with the matter if the employer is satisfied that— > > > > > (a) the allegation is vexatious or trivial, or > > > > > (b) the incident or conduct concerned does not amount to misconduct, or > > > > > (c) there is likely to be difficulty in establishing the facts of the matter. > > > (3) If, after making an initial assessment, the employer decides to proceed with the matter, the relevant employee is to be advised— > > > > > (a) of the details of the allegation of misconduct, and > > > > > (b) of the action that may be taken under section 69 (4) of the Act against the employee. > > > (4) The relevant employee is to be given a reasonable opportunity to make a statement in relation to the allegation. > > > (5) The employer may, as a result of any such statement by the relevant employee— > > > > > (a) decide to proceed to deal with the matter in accordance with this Part, or > > > > > (b) decide not to proceed any further with the matter. > > > > The relevant employee is to be notified of the employer’s decision. > > > (6) The person making an allegation of misconduct is to be informed of any decision by the employer under this rule not to proceed with the matter. > > **rule 38:** Am 2016 (422), Sch 1 \[3\] \[6\] \[7\].