MALTA UNION CLUB
Tigné Street, Sliema SLM 3170, Malta.
telephone: (356) 2133 2011/2, facsimile: (356) 2131 0703
e-mail: 
info@maltaunionclub.com
 

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Bye-Law 9        

 

BYE-LAW IX - DISCIPLINE

1. A Disciplinary Board shall be appointed by the Committee of Management for a period of two years.

2. The Board shall be composed of three fully paid up members and two substitute paid up members. The Chairman of this Board is to be appointed by consensus from amongst the three permanent members of the Disciplinary Board.

3. a Only the Committee of Management is empowered to refer disciplinary cases to the Disciplinary Board. It may do so either of its own accord or upon the recommendation of the Secretary.

b. Any cases involving members of the Committee of Management or co-opted members will automatically be referred to the Disciplinary Board by said Committee.

c. Disciplinary cases concerning the Club Secretary and Club employees will be dealt with by the Committee of Management. In those cases where a staff member belongs to a trade union, that staff member may be assisted by a union official.
4. The Disciplinary Board shall hear all cases of a disciplinary nature referred to it by the Committee of Management and shall submit its findings together with the proposed disciplinary action to be taken within one month of the case being referred to it. If the Board finds this time-frame insufficient it may be granted an extension of not more than 15 days.

5.a. The Disciplinary Board may summon witnesses to appear before it to give evidence if in its opinion these witnesses may help in the enquiries.
In the examination of cases before it, the Board may regulate its own procedures based on a fair hearing.

b. The Secretary shall summon in writing those witnesses required by the Board or who in the opinion of the Committee of Management may be able to shed light on the case before the Disciplinary Board giving the date and time and place they are required to appear.

c. The member whose case has been referred to the Disciplinary Board, is to inform the Board or Committee of Management in writing of any witnesses he may wish to call, which request shall be acceded to.

d. Witnesses who decline to appear before the Board or who do not co-operate with the Disciplinary Board will be reported to the Committee of Management who may discipline the member concerned.

e. The findings of the Disciplinary Board shall be submitted to the Committee of Management for ratification. The findings of the Board and the Committee’s ratification shall be recorded in the Committee of Management’s minutes. A file shall be kept containing the complete records of any disciplinary action or acquittal.

6. The member whose case is being referred to the Disciplinary Board may, at the discretion of the Committee of Management, be suspended until such time as his case has been heard. In the event of a member being found guilty of an offence subject to a suspension, the amount of time spent suspended is to be taken into consideration when awarding any penalty.

7.a. A Member appearing before the Disciplinary Board may be assisted by another Club member during the hearing of his case.

b. Any advice or assistance provided by a fellow Member must be based solely on the Club Rules, Bye-Laws and Amenity Regulations

8. Appeal:

a. A Member found guilty of an offence by the Disciplinary Board may appeal to an Appeals Board, appointed for the purpose, giving his reasons for appeal in writing which must be submitted to the Secretary within two weeks from the date of being advised of the Board’s decision.

b. Appeals should contain or be based on new facts or evidence not previously heard by the Disciplinary Board.

9. A Board of Appeal shall be composed of three persons, preferably Club members, appointed by the Committee of Management. The Committee of Management shall consider any objection to the composition of the Board raised by the member concerned.

10. An Appeals Board may alter or not accept the findings of the Disciplinary Board if in its opinion certain technical aspects of the case were overlooked, or may refer back the case to the Disciplinary Board for the possible revision of their recommendation giving its reason for such referral.

11. The decision of the Appeals Board and the findings of the Disciplinary Board in cases of review of case shall be final.

 

 

 

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