Rules 2002
Appendix
D - Disciplinary proceedings
Complaints
alleging that a member (herein after referred to as the
respondent) has behaved in a manner detrimental to the interest
of the union or of the profession of journalism may be instituted
directly by the NEC, by a chapel or by any member (herein
after referred to as the complainant).
A complaint
laid by resolution of a chapel, shall remain the property
of the chapel, which shall elect a representative to handle
the complaint.
For individually
laid and chapel complaints, it shall be the duty of the
complainant’s branch to decide whether a case has been
made out for examination by the NEC, unless the respondent
is a member of another branch.
If the respondent
is a member of another branch the General Secretary shall
be notified by the complainants branch and s/he will endeavour
to select a neutral branch to decide whether a case has
been made out for examination by the NEC.
Complaints
about the work or behaviour of union members or about the
conduct of candidates in union elections which, in the complainants’
view, contravene the code of conduct, shall be made direct
by branches or union members to the Ethics Council which
shall deal with all such complaints.
Complaints
alleging that a member has behaved in a manner detrimental
to the interests of the union or of the profession of journalism
shall be dealt with by the NEC or at its discretion by a
complaints committee of NEC, the IEC or the SEC.
No member
may sit on a complaints committee if his/her electoral constituency
coincides with that of the complainant or the respondent.
The NEC shall take reasonable steps to ensure the complaints
panel has a range of sexual and racial representation.
In any case
in which the NEC decides to lay a complaint against any
member, that member’s branch shall be informed within
seven days of that decision.
The NEC, or
a complaints committee on its behalf, may call to appear
before it any member or group of members who it is alleged
have disobeyed an instruction under the rules concerning
employment disputes and maintenance of wage rates.
No action
shall be taken against any member unless that member has
been given an opportunity to defend himself/herself, as
detailed in this appendix.
The payment
of reasonable expenses which any person incurs in attending
a disciplinary hearing or appeal under these rules may be
made at the sole discretion of the NEC.
Procedure
for dealing with complaints against members for alleged
conduct detrimental to the interests of the union:
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(i) Every
effort will be made to ensure that every stage of these
proceedings is conducted in accordance with the principles
of natural justice and members of the NEC, Ethics Council
and the Appeals Tribunal hearing complaints and appeals
should receive appropriate training on equal opportunities
and conciliation and dispute resolution.
(ii) A complaint against a member shall be submitted
in writing to the complainant’s branch secretary.
(iii) That branch secretary shall send a copy of the
complaint to respondent giving at least 14 days’
notice in writing of a hearing of the complaint before
the branch or a committee appointed by the branch for
this purpose.
(iv) In the case of a respondent who is a member of
a different branch to the complainant, the secretary
of the complainant’s branch shall inform the General
Secretary of the complaint who will deal with the complaint
in accordance with paragraph 4.
(v)A complaint will be considered within 10 weeks of
the date of receipt by the branch secretary, in default
of which the complaint shall lapse.
(vi) The secretary of the branch hearing the case shall
invite written depositions from the complainant, respondent,
witnesses and any other relevant parties. On consideration
of these written depositions a decision will be taken
as to whether or not a case has been made out for examination
by the NEC.
(vii)If the branch or committee hearing the complaint
decides there is a case to answer, the complaint shall
be forwarded, with the written depositions and an account
of the hearing, to the General Secretary for investigation
by the NEC. If the decision is that there is no case
to answer, the depositions and an account of the hearing
of the complaint shall still be sent to the General
Secretary.
(viii) The branch secretary shall notify the parties
of the decision in writing.
(ix) A complainant shall have the right to appeal to
the NEC should the branch resolve that there is no case
to answer.
(x)Upon receipt of a branch decision, the NEC shall
take such action as it deems appropriate, including
attempts to bring about a conciliation of the parties
to the complaint. Even if the complaint has been laid
by the NEC, the NEC may still attempt to settle the
issue by conciliation.
(xi) Should conciliation attempts fail, the NEC may
decide to hold a formal hearing of the complaint.
(xii) Every effort should be made to fix a hearing date
that is convenient to all the parties involved. Should
no such suitable date be found within the time limits
laid down by this appendix, or should the panel believe
that no date will be agreeable because either party
is attempting to avoid a hearing then the hearing may
proceed on the basis of the written depositions and
such witnesses as may be called.
(xiii) Fourteen days’ notice of a hearing including
the date, time and place of the hearing together with
the written depositions and account of the hearing (as
presented to the NEC) shall be given in writing by recorded
delivery post (or by registered post in the Republic
of Ireland) to the complainant and the respondent at
their last known addresses.
(xiv) The parties to the complaint shall inform the
NEC of any witnesses they intend to call at least seven
days before the hearing.
(xv) The complainant or the respondent may present his/her
own case, or be represented by a person of his/her own
choice at the hearing.
(xvi) The union will not be responsible for any costs
incurred by either the complainant or the respondent
in respect of representation.
(xvi) The branch that initially heard the complaint
and the respondent’s branch shall each be entitled
to be represented by a member at the hearing.
(xvii) The hearing shall be open to all members of the
union to attend on production of his/her membership
card but he/she shall take no part in the proceedings
and shall be bound by the confidentiality of the hearing
if applicable. |
(13) The normal
procedure for the hearing shall be as follows, subject to
any additional provision that may be considered desirable:
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(i) The
Complaints committee shall elect a chair from amongst
its number to keep good order and ensure the proceedings
adhere to the principles of natural justice.
(ii) The complainant and the respondent shall state
the substance of his/her case in writing and be allowed
to add to it orally and question each other.
(iii) Witnesses may be called and questioned by the
parties or the complaints panel.
(iv) The parties shall conclude their submissions by
making any further statements in extenuation or clarification
but shall not introduce new evidence. (v) The complainant
shall speak first and the respondent last.
(vi) The complaints panel may also require the General
Secretary or person acting with his or her authority
to summon such other witnesses they desire to hear.
(vii) The complaint committee’s findings and any
subsequent recommendations, signed by the chair of the
complaint committee, shall be reported to the NEC for
confirmation or variation.
(viii) The NEC shall inform all parties to the procedure
of its decision as soon as possible after its meeting.
(ix) The respondent shall have the right to appeal any
finding of guilt or penalty to the Appeals Tribunal.
(x) Complainants who believe that the penalty levied
is too lenient; or that the procedure was not followed
as laid down by these rules shall have the right to
appeal the penalty to the Appeals Tribunal.
(xi) Notice of appeal shall be given in writing to the
General Secretary within 21 days of the notification
of the NEC’s decision to the complainant or the
respondent.
(xii) The adjudication by the NEC of any complaint shall
be made within six months of the decision of a branch
to hear the complaint or, in the case of a complaint
laid by the NEC, within four months of the NEC’s
decision to lay the complaint – in default of which
the complaint shall lapse, save that where a court of
law instructs the union to halt disciplinary proceedings
or the hearing of a complaint while court action is
pending, the time limits set out shall be suspended
for the relevant period. |
(14) Procedure
for dealing with complaints against members for alleged
breaches of the code of conduct:
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(i) Every
effort should be made to ensure that every stage of
these proceedings is conducted in accordance with the
principles of natural justice.
(ii)Before initiating a formal hearing of a complaint
against a member for an alleged breach of the union’s
code of conduct, the Ethics Council will consider whether
the issue can be resolved by conciliation. Where appropriate,
the Ethics Council may seek to bring about conciliation
between the parties at any point and to raise the issues
in an educational way.
(iii)The Ethics Council shall also have the power to
decide that the code of conduct is best promoted by
resolving issues raised in complaints by educative means
rather than by initiating complaints proceedings. If
it so decides, the Ethics Council shall seek –
but need not require – the co-operation of the
person laying the complaint.
(iv) The Ethics Council, or a complaints panel appointed
by it, shall consider any complaint referred to it and
decide whether to make a full investigation of each
complaint. In circumstances where it decides there is
no case to answer, it shall provide reasons for this
decision to the complainant. Only in circumstances where
conciliation has failed, or is deemed inappropriate,
and the matter is considered sufficiently serious by
the Ethics Council, should it proceed to call a hearing
to determine the culpability or otherwise of NUJ members
complained against.
(v) The Ethics Council, or its complaints panel, shall
be empowered to call for evidence from any source to
enable it to make such an assessment.
(vi) The Ethics Council shall provide to the member
complained against details of the complaint and the
date, time and place of the hearing, in writing. 21
days’ notice of such hearings shall be sent by
recorded delivery post (or registered post in the Republic
of Ireland) to the member concerned at his/her last
known address.
(vii) If a party fails to attend or submit evidence,
the Ethics Council may nevertheless consider and decide
upon the complaint.
(viii) The Ethics Council may call whatever evidence
it regards as relevant.
(ix) The Ethics Council shall give the member concerned
the opportunity to reply to the charges. Such member
may present his/her own case or be represented by a
person of his/her choice;
(x)Any expenditure incurred by a member in respect of
representation is not the responsibility of the Union.
(xi) In the case of a complaint about an article or
report which is not bylined or which carries a house
byline, the Ethics Council may require the F/MoC of
the chapel or chapels to which the members employed
by the publication belong, to inform the Ethics Council
of the identity of the member or members responsible
for the article as published, or to satisfy the Ethics
Council that he/she has made adequate attempts to discover
such identities but has failed.
(xii) If a member or members accused of a breach of
the code of conduct advances as a defence that the material
which is the subject of complaint was altered by other
members, the F/MoC of such member or members shall upon
the demand of the Ethics Council, inform it of the identity
of the members responsible, or satisfy the Ethics Council
that he/she has made adequate attempts to discover the
identities but has failed. |
(15) The normal
procedure for the hearing shall be as follows, subject to
any additional provision which may be considered desirable:
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(i) The
quorum for hearing a complaint shall be three, of whom
no more than one may be a nominee of the Equality Council
or the Black Members’ Council.
(ii) The complainant and the respondent shall state
the substance of his/her case in writing and be allowed
to add to it orally and question each other.
(iii) Witnesses may be called and questioned by the
parties or the Ethics Council
(iv) Where there are more than two parties, each party
shall similarly state his/her case, and, may be questioned
by the other parties.
(v) The parties shall conclude their submissions by
making any further statements in extenuation or clarification
but shall not introduce new evidence. The complainant
shall speak first and the respondent last.
(vi) The Ethics Council may also require the General
Secretary or person acting with his authority to summon
any other witnesses they desire to hear.
(vii) The Ethics Council’s report of its findings
and any subsequent recommendations, signed by the chair,
shall be reported to the NEC for confirmation or variation.
(viii) Where the Ethics Council is of the opinion that
a member is guilty of a breach of the code of conduct
it may deliver a reprimand and/or recommend to the NEC
that one or more of the penalties specified in Rule
24 be imposed. The NEC may, on receipt of a recommendation
from the Ethics Council, impose one or more of the penalties
specified in Rule 24.
(ix) The NEC shall inform all parties to the procedure
of its decision as soon as possible after its meeting.
(x) The respondent shall have the right to appeal a
finding of guilt or penalty to the Appeals Tribunal.
(xi) Complainants who believe that the penalty levied
is too lenient or that the procedure was not followed
as laid down by these rules shall have the right to
appeal the penalty to the Appeals Tribunal.
(xii) Notice of appeal shall be given in writing to
the General Secretary within 21 days of the notification
of the NEC’s decision to the complainant or the
respondent.
(xiii) All complaints laid before the Ethics Council
shall be completed within six months of the date of
the next scheduled Ethics Council meeting following
receipt of the complaint by the servicing official of
the Ethics Council or, in the case of information being
sought from chapel officers, six months of the date
when the identity of the person or persons responsible
has been obtained, save that where a court of law instructs
the union to stop disciplinary hearings or the hearing
of a complaint while court action is pending, this time
limit shall be suspended for the relevant period. |
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