44Initial stage for dealing with allegations of misconduct

44 Initial stage for dealing with allegations of misconduct

44 Initial stage for dealing with allegations of misconduct

(cf rule 38 GSE (General) Rules 2014)

(1) An allegation of misconduct by an administrative employee may be made by any person to the Commissioner.

(2) The administrative employee in respect of whom the allegation is made is referred to in this Part as the relevant employee.

(3) After making an initial assessment of the allegation, the Commissioner may decide not to proceed with the matter if the Commissioner 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.

(4) If, after making an initial assessment, the Commissioner 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 GSE Act against the employee.

(5) The relevant employee is to be given a reasonable opportunity to make a statement in relation to the allegation.

(6) The Commissioner 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 Commissioner’s decision.

(7) The person making an allegation of misconduct is to be informed of any decision by the Commissioner under this rule not to proceed with the matter.