40Findings by employer

#### 40 Findings by employer 40 Findings by employer > > (1) The employer may, in dealing with an allegation of misconduct— > > > > > (a) make a finding of misconduct by the relevant employee (in which case the employee is to be notified of the finding in writing), or > > > > > (b) make a finding that misconduct by the relevant employee has not occurred (in which case the employer is to dismiss the allegation and advise the relevant employee in writing). > > > (2) The employer may not take any action under section 69 (4) of the Act in relation to an employee unless— > > > > > (a) the employee is notified of the proposed action to be taken, and > > > > > (b) the employee is given a reasonable opportunity to make submissions in relation to the proposed action, and > > > > > (c) if any such submissions are made, the employer has taken those submissions into consideration. > > > (3) If the employer makes a finding of misconduct in relation to an employee, the employer may, instead of taking action under section 69 (4) of the Act, require the conduct of the employee to be monitored over a specified period notified to the employee. > > > (4) If, during that specified period, the employer is satisfied that the employee has engaged in misconduct of the same or similar kind as the misconduct the subject of the previous finding, the employer may take any action under section 69 (4) of the Act in respect of the employee. > > > (5) In that case, the employee is not required to be given an opportunity to make submissions in relation to the action proposed to be taken by the employer. > > **rule 40:** Am 2016 (422), Sch 1 \[3\] \[9\].