39.       UNSATISFACTORY PERFORMANCE

(a)       In accordance with relevant University policy, a supervisor will make reasonable efforts to resolve instances of unsatisfactory performance through guidance, counselling, appropriate staff development or appropriate work allocation. If attempts to address diminished performance through the use of performance guidance and counselling are unsuccessful, the Supervisor should commence the steps of the Unsatisfactory Performance process in accordance with this clause. Disciplinary action arising from unsatisfactory performance will be a last resort.

(b)       The staff member must be provided with a copy of this clause and informed at each stage of the formal nature of the process. At any time during this process a staff member may be represented by their Union or by another representative of the staff member’s choice.

39.1     Step 1 – Review

(a)       The Supervisor will have a discussion with the staff member to identify:

(i)        the performance issue(s) in question and the expectations of the position;

(ii)       improvements required of the staff member;

(iii)      the time within which improvements are required to be demonstrated (the “Review Period”)

(iv)       arrangements for regular feedback during that period;

(v)        the remedies to assist the staff member to address the issue(s),including but not limited to ensuring the staff member has had, or has access to appropriate training to ensure, to the extent relevant, that the expectations of the position are met; and

(vi)       the outcomes if the staff member fails to improve the identified performance issue(s) within the timeframe outlined.

(vii)      A summary of the matters raised in the initial discussion should be recorded in writing. A copy of this summary should be given to the staff member. The staff member may reply to the summary and both the summary and any response will be kept on the staff member’s file.

(b)       The Review Period

(i)       

Staff

Maximum period

Academic staff

ordinarily no more than 6 months

Professional staff

ordinarily no more than 3 months

(ii)        The Review Period will be determined by the staff member’s Supervisor having regard to the matters set out at 39.1. If the parties do not agree on the Review Period the matter will be referred to the Director Human Resources for determination of a reasonable Review Period.

(iii)       If after the expiration of the Review Period the performance of the Academic staff member, Professional staff member or TESOL Language Teacher has:

•          improved to the requisite level relevant to the expectations of the position, no further action will be taken and an appropriate file note will be made, provided to the staff member and placed on the staff member’s file.

•          not improved to the requisite level relevant to the expectations of the position, the Supervisor will institute the processes provided for under Step 2 of this clause, subject to any agreement in relation to alternative strategies pursuant to (iv) below.

(iv)      The Supervisor may discuss alternative strategies with the staff member. A member of Human Resources must be present at the discussion(s). Alternative strategies developed in accordance with this clause must be mutually agreed in writing.

Alternative strategies may include, but are not limited to:

•          the transfer of the staff member to a position at the same or lower classification;

•          execution of a pre-retirement contract of no more than twelve months duration, with appropriate duties and classification level;

•          arrangements and assistance to enable the staff member to seek alternative employment outside of the University.

39.2     Step 2 – Report

(a)       The Supervisor will provide a written report detailing the performance concerns and steps taken under this process to address the performance concerns. A copy of this report will be provided to the staff member. The staff member will have ten (10) working days after the date of receipt of the report to respond in writing to the report. A copy of the report and the staff member’s response, if any, will be retained on the staff member’s file.

(b)       The Head of the Organisational Unit in consultation with the Director Human Resources (or nominee) will review the Supervisor’s report together with any response by the staff member, and determine whether any further steps should be taken by the Supervisor before progressing to Unsatisfactory Performance Step 3. Such steps may include the implementation of a further review period, if appropriate.

39.3     Step 3 - Referral and Decision

(a)       Where the Head of the Organisational Unit is of the view that discussions at Step 1 have not produced the desired improvement in performance, they will make a referral to the Relevant Senior Executive, that the performance of the staff member is unsatisfactory.

(b)       The report will state clearly the aspects of performance seen as unsatisfactory, the attempts to remedy the problem and provide any supporting material.

(c)       A copy of the referral together with any supporting material will be provided to the staff member by the Head of the Organisational Unit

(d)        The staff member will have ten (10) working days after the date of receipt of the referral to respond in writing to the referral. A copy of the referral and the staff member’s response, if any, will be retained on the staff member’s file.

39.4     Unsatisfactory Performance – Disciplinary Action

(a)       The Relevant Senior Executive must be satisfied that:

(i)        appropriate steps have been taken to bring the staff member’s performance to their attention;

(ii)       the staff member was provided with an adequate opportunity to respond;

(iii)      any response of the staff member was taken into account;

(iv)       the staff member had a reasonable opportunity to remedy their performance.

(b)       The Relevant Senior Executive will advise the staff member in writing what action will be taken which may include but is not limited to:

(i)        no further action; or

(ii)       recommendations for alternative strategies; or

(iii)      disciplinary action.

(c)        Disciplinary action which may be imposed under this process includes one, or any combination, of the following:

(i)        formal warning;

(ii)       transfer to another position with or without demotion or loss of salary; or

(iv)       termination of employment (dismissal).

(d)       Where the disciplinary action to be applied by the Relevant Senior Executive is termination of employment, the staff member will be informed of the recommended disciplinary action in writing and given five (5) working days after the date of receipt of the determination to respond in writing. The Relevant Senior Executive will consider any response provided by the staff member prior to making a final decision on termination of employment.

39.5     Termination due to Unsatisfactory Performance

(a)       Termination of employment as a result of unsatisfactory performance will be subject to the notice requirements in section 117 of the Fair Work Act 2009 (Cth) or the notice period provided in the staff members Contract of Employment, whichever is greater. Payment in lieu of such notice may be provided.

(b)       If at any time during the operation of these procedures, the staff member offers to resign with immediate effect, the resignation shall be accepted by the Relevant Senior Executive and the proceedings will cease.