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Procedural concerns arising from Code of Conduct decision making

The quality of agencies’ written work in Code of Conduct cases can create procedural concerns. A failure to put allegations in a clear way that is readily understood by a general reader can adversely affect an employee’s capacity to respond, denying the employee a fair hearing.

The following are examples from cases:

  • Allegations were put to the employee in a long and confusing document so that it was difficult for the employee to understand the case they had to answer.
  • Serious allegations were put to the employee but less serious findings were made. However, the agency had failed to put the less serious matters to the employee as an allegation.
  • An agency redacted witness evidence so extensively in the written notice of the allegations that the employee, and a general reader, would have had difficulty following the evidence, including being unable to identify which witness had given which evidence.