If management decides to propose to reduce an employee in grade or to remove the BU employee from the Service, and if management decides to give the employee "Last Rights," prior to proposing the action, management must advise the BU employee, in writing, that he has the right to consult with NTEU and to have a representative present prior to making such a decision. The time periods must be enforced to avoid prolonging the advance notice period any more than is absolutely necessary. This proposed adverse action is based on the following reason(s): You have a right to the material relied on to support the reasons in this notice and may request it from _________________, Labor Relations Specialist, at, You have a right to answer, both personally and in writing, and to furnish affidavits and evidence in support of your answer. The deciding official must review the entire adverse action file, including the oral reply transcript and/or summary as well as any affidavits or other documents presented by the employee or designated representative. If additional evidence is secured, it need not be shared with the employee or representative unless such evidence is derogatory and indicates that additional reason(s) and/or specification(s) may be warranted. Copies of the file are made available, upon request, to the employee and/or his/her authorized representative. Imposing penalties should be done in good faith. The notice shall include: A statement that the notice is issued in accordance with 5 CFR 752; The action being proposed. Employee may elect to voluntarily accept CTLG to avoid an Adverse Action record in their personnel file. You have a right to the material relied on to support the reasons in this notice and may request if from _______________. 1996, the Navys action was reversed because the appellant was not given sufficient information to mount a meaningful defense and appellant adequately did not receive detailed notice of the alleged misconduct prior to the hearing. . For example, ETC identifies a late filed return by an employee. In taking actions based on off duty misconduct, such things as adverse publicity, the notoriety of the offense, strained relations or apprehension on the part of fellow employees, or evidence or indication of dishonesty may be a cause and should be considered. If the employee is a member of the BU, refer to applicable provisions of the NA. (See Exhibit 6.752.2-9). 8. On March 18, 2008, the manager listens to several of Violets telephone calls and finds that Violet was rude to taxpayers. In the event an employee engages in off duty misconduct, the Agency may take an action against that employee for the off duty misconduct only if a nexus (connection) can be established between the misconduct and the efficiency of the Service. If TIGTA decides to conduct an investigation, the manager should not initiate any investigation and should cooperate fully with TIGTAs investigation. Your employer should write to you if they're starting disciplinary action - if they haven't, they might just be investigating what happened. 12. An example of a specification for discourteous conduct could read something to the effect of: "On March 18, 2008, at approximately 3:30 p.m., you answered an incoming call from Taxpayer A. Except as noted in 6.752.15(3) the thirty (30) calendar day notice period is an absolute minimum. The following items should be included in the file: Any written reply and/or affidavits or documents provided by the employee or representative; Summary or transcript of the oral reply and any exhibits; Proof of delivery of the notice and decision. A sanitized copy of the evidence file is normally necessary when an action is appealed to a third party. The final decision notice should include the following (See Exhibit 6.752.2.-12): A reference to the notice of proposed action and the date it was issued; A statement identifying by date the employees reply(ies) and certifying these reply(ies) were considered. Care must be taken to ensure that the evidence to support the charge is retained. The specialist should, after consultation with the lead and supervisor, initiate discussions with the proposing official to explain the research conducted and the potential outcome if management decides to propose removal. The supporting LR/ER office should consult with General Legal Services (GLS) before making such determination. This is consistent with the Guide to Penalty Determinations and Douglas Factors. On the day she received her notice to attend a disciplinary hearing, she handed in her resignation to her senior Mr. Matlhajoa, effective immediately. The manager investigated further and found that Violet also hung up on approximately twenty-five (25) taxpayers in less than two (2) hours on that same day.Given the nature and seriousness of the misconduct, management decides to propose a suspension of fifteen (15) calendar days. If the original advance notice is withdrawn and a new notice issued, all applicable procedures must be followed (e.g., the employee must be given thirty (30) calendar days advance notice; must be advised of the specific reason(s) for the action, etc.). Examples of the types of evidence needed to prove the charge would be recordings of the telephone conversations between Violet and the taxpayers and/or written statements from the taxpayers regarding Violets behavior. The employee will have ten (10) workdays to respond in writing to the statement. A disciplinary procedure sets professional expectations for the entire company. This proposed action is based on the following reason: Reason: [State the basis for the action, e.g., "Your (actions, behavior, condition) raise concerns that your retention in a duty status could be injurious to yourself, other employees, or the public;" or "Your retention in a duty status during the investigation of your alleged misconduct in connection with would jeopardize the reputation of the IRS because of the attendant adverse publicity." If an oral reply is requested, it must be requested within seven (7) calendar days from receipt of the proposed action and that any written reply must be received within fifteen (15) calendar days from receipt of the proposed action. In those cases, the corrective action may be non-disciplinary, but is adverse to the employee. A Standard Form 50 effecting your __________ will be forwarded to you when available. For example, if the employee requests leave, such request should be granted as this would be a voluntary action on the part of the employee. Such appeal must be filed within forty-five (45) calendar days of the effective date of the action. For example, charging an employee with "falsification, " "insubordination," or "theft" will require proof that the employees actions were intentional . You have the right to answer both personally and in writing and to furnish affidavits and evidence in support of your answer. See also, for bargaining unit employees, applicable collective bargaining agreements. In exchange, the employee must conform to agency standards of conduct for a period of time, generally one (1) or two (2) years. The employee and Union agree that this Agreement represents the employees "Last Chance" at employment with the Agency. Should you raise an issue of illegal discrimination and should you not prevail at arbitration, you have the right to request the Board to review the arbitrators decision under 5 U.S.C. STARTS: Labor Relations Office received case from Employment Office/Supervisor. The history of the specific medical condition(s), including references to findings from previous examinations, treatment, and response to treatment. Page Last Reviewed or Updated: 10-Sep-2017, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Exception to Thirty (30) day Advance Notice Period Crime Provision, Guidelines for Identifying and Using Tax Information, Content of the Written Notice of Proposed Adverse Action, Employee Status During Advance Notice Period, Withdrawal and Re-Issuance of a Proposed Adverse Action, Process: Erroneous Promotions/Appointments, Documentation of Erroneous Personnel Action Requiring Corrective Action, Sample Proposed Adverse Action (Suspension More Than 14 Days, Reduction In Grade, Removal), Proposed Indefinite Suspension 752 Crime Provision, Decision Indefinite Suspension Crime Provision, Suggested Notice of Proposed Indefinite Enforced Leave (Pending Inquiry; Non-Criminal), Denial of Representative (by proposing official), Denial of Representative (by Director, WRD), Sample Last Chance Agreement Imposing a 30 day suspension Instead of removal [includes language for employees who are over age 40], http://edocket.access.gpo.gov/cfr_2009/janqtr/5cfr339.102.htm, http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=305727&version=306102&application=ACROBAT, http://www.eeoc.gov/abouteeoc/35th/thelaw/owbpa.html, Treasury Inspector General for Tax Administration. [If tax return information is used in examples or in the material relied on, state:] Because you are restricted from making disclosure of tax information without proper approval, the tax cases covered in this letter are identified in an attachment to this letter. The Agency will consider any written reply and decide whether or not the employee engaged in the misconduct. Management may become aware of employee misconduct from various sources. Reduction in Grade and/or Pay an involuntary assignment of an employee to a position at a lower classification level under a position classification system or an involuntary reduction in the rate of basic pay fixed by law or administrative action for the position held by the employee. 0x2713 The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. OPM has suggested that the following alternative to enforced leave should be considered, alone or in combination and depending on the circumstances: obtaining medical information in accordance with 5 CFR 339, voluntary leave, alternative work assignments, short-term excused leave, indefinite suspension or enforced leave under 5 CFR 752, disciplinary or adverse actions under 5CFR 752 (for cause), non-disciplinary removal under 5 CFR 752 or disability retirement. A statement recognizing that, in the proceeding, the Service does not argue or present its case. The employer is therefore entitled to take disciplinary action before the expiry of a notice period. Reductions in grade or rate of pay of an employee may be for either disciplinary (conduct) or non-disciplinary matters. 4. It is put into place to ensure that employees are safe and that disruptions to the workplace (e.g., inappropriate behavior, failure to meet goals) are kept to a minimum. A copy must be provided to the BU employee and may be provided to the representative at the BU employees request. This is usually a performance-related issue that has been an ongoing workplace issue. For example, if an employee understates a tax liability, and the Agency determines such understatement is willful in violation of Section 1203(b)(9), a proposal to remove must be issued. If another manager is designated to serve as the oral reply officer, that manager must be a higher grade and/or rank than the employee making the reply. The employee's manager will meet 9. Oral Reply Officer agency designated official with authority to either recommend or propose an adverse action. The Employee acknowledges that [he/she] has had an opportunity to read and consider the terms of this Agreement, has fully discussed the terms of this Agreement with [his/her ] attorney and/or any other person of [his/her] choosing, fully understands the terms of this Agreement and freely agrees to them. The Board determined that the Agency failed to give the appellant adequately detailed notice prior to the hearing of the alleged misconduct. Notice of Disciplinary Action. If you are unable to prove one of the charges, either discourteous or rude conduct, the entire reason will fail. You attempted to secure reimbursement for expenses you did not incur. Employees will be notified in writing of any amended or changed nexus statements. The advance notice ( See Exhibit 6.752.2-5. ) An allegation of illegal discrimination may be raised in connection with the appeal to arbitration if the specific nature of the discrimination, the facts upon which the allegation is based, and the name(s) of the alleged discriminating official(s) were presented in writing at the oral/written reply stage, or no later than submission of notification of invocation to arbitration, and if you have not made timely contact with an EEO counselor concerning this matter. As illustrated above, both reasons relate to the same incident. If an oral reply is requested, coordinate oral reply proceedings. Confirm that the employee and/or his/her representative have had a chance to review the procedures. The underlying specifications referenced racial slurs allegedly made by Mason. Ensuring the charges are properly framed is crucial when preparing an advance notice. In the example above, Blue Violet engaged in discourteous conduct when assisting taxpayers and hung up on taxpayers. At that time, the agency produced testimony from witnesses to the alleged events. Assigning an employee to another location and/or to other duties, or placing an employee in a paid non-duty status is also permitted during the advance notice period. This is a description of why and how there is a connection between the specific off-duty misconduct and the efficiency of the service. At the proceeding or hearing, an employee or an employees representative may use the sanitized tax information contained in the evidence file submitted by the Service to the third party. Such appeal must be filed within thirty (30) calendar days of the effective date of the action; or. The legal minimum notice required to dismiss an employee is one week for any individual who has been continuously employed by you between one month and up to two years. It is my decision that you be suspended from duty and pay commencing. Often alternative charges are more appropriate and should be used to support an action. The information provided by the employee or a duly authorized representative must be reviewed and considered by the deciding official before making a decision. A good disciplinary notice form begins with a description of the problem. Provide copy of transcript of the oral reply to oral reply officer and NTEU or other representative within 48 hours of receipt of transcript. About two weeks after being informed of her dismissal, the employee brought an urgent application to the Labour Court seeking: (i) an order declaring the decision to dismiss her pursuant to a. Discharged or indefinitely suspended employees who appeal remain on the rolls in a . If a request for a postponement is denied in all or part, the oral reply officer should note the reasons for the denial in the file. After the draft settlement document is reviewed via internal review processes, General Legal Services (GLS) should be consulted before providing the settlement or last chance agreement to management for review and signature. Refusal to reply based on the belief that such reply would prejudice the employee's defense should not delay the action. Further, care should be taken to avoid "compound" reasons as everything placed in a charge must be proven. Last Rights a meeting between management and an employee during which time the employee is advised of managements decision to propose the employees removal (or reduction in grade). Information about appeal rights and procedures may be obtained from ____________, Labor Relations Specialist, at. Evidence necessary to trigger an indefinite suspension or shortened notice period, is an indictment or arrest and detention for further legal action by a magistrate. Any written reply or request for an oral reply should be addressed to me at. The material relied upon should be carefully reviewed to determine whether or not the evidence supports the charge and that the Agency can meet its burden of proof based upon that evidence. You can contact him, by phone: 0824479512, by email: tobie@effectusharmony.co.za. It was found that the cheque was fraudulent, resulting in a loss to the employer of about R30000. Another example of this type of misconduct would be separate specifications to further illustrate the level and type of misconduct. If the proposing or deciding official determines there is a need issue a new advance notice, the original advance notice must be withdrawn and a new advance notice issued. Lack of specificity can result in reversal of the action if the employee proves the inability to prepare an adequate defense because he did not understand the nature of the charges. During the notice period, the employment relationship and, in that case, the employer`s right to take disciplinary action against the employee shall remain in force until the expiry of the notice period. If questions are needed for clarification purposes, those questions should be asked to elicit information only. I have concluded that an indefinite suspension will promote the efficiency of the Service. This Agreement is for the parties mutual benefit and will have no precedential value in any forum. Under no condition may you appeal this action to both the Board and arbitration. A written request must be made if you wish to disclose the tax information to any person other than a Treasury employee in connection with that employees official duties with respect to this matter. Through the EEO complaint process. At this point the employee and her attorney left the hearing and the hearing proceeded in the employees absence. This is a notice of proposed adverse action issued in accordance with Title 5, Part 752 of the Code of Federal Regulations. In addition, if parties did not agree to give notice, then parties are still required to give such notice as provided for in the BCEA. The correction or cancellation of a personnel action may result in a debt. Within thirty (30) days of receiving the Boards final decision, you have the right to petition the EEO Commission to consider the Boards decision or to file a civil action in an appropriate United States District Court. My decision is that the reason and specification stated in the letter of __(date)___ is sustained. After the oral reply has been conducted, the verbatim transcript or summary will be transmitted to the employee or to the designated representative for corroboration of its content and accuracy. In order to promote the efficiency of the service, it is proposed to suspend you from duty and pay [or, where there is a need to keep the employee away from the work site because of doubts about the employees medical condition and the employees ability to work in a safe and reliable manner, "it is proposed to place you on leave" ] for an indefinite period of time pending inquiry, at any time after thirty full calendar days from the date you receive this notice. Cite. The decision should also indicate if no reply(ies) were received; A statement specifying the determination reached on each of the reason(s) and specification(s) included in the advance notice of proposed adverse action.
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