4.9 Managing Unsatisfactory Staff Performance

4.9 MANAGING UNSATISFACTORY STAFF PERFORMANCE

4.9.1 Initial Feedback Mechanisms

4.9.1.1 A supervisor should normally address issues of possible unsatisfactory performance promptly as part of the performance review processes and provide ongoing feedback to the staff member; including notification to the staff member that this consideration is within the process of managing unsatisfactory performance.

4.9.1.2 If a supervisor concludes that the performance of a staff member does not meet the required standard, the supervisor will address the issue(s) promptly and, in consultation with the staff member, will develop and implement specific strategies to address any concerns related to the staff member’s performance.

4.9.1.3 To assist the staff member to address any concerns related to the staff member’s performance, the supervisor will:

(i) outline to the staff member the required standard of work and the nature of the improvement(s) required and the time within which reasonable improvement is expected;

(ii) identify any required skill development or training to be provided, and a staff member will not unreasonably refuse to undertake skill development and/or training;

(iii) outline the possible consequences if the staff member’s performance does not improve;

(iv) provide the staff member with a copy of the advice (first written advice) concerning the performance improvement required; and

(v) determine a time line to review whether the performance is improved or whether the matter should be pursued further.

4.9.2 Follow-up Feedback Mechanisms

4.9.2.1 If, following the steps taken under sub-clause 4.9.1.3, the staff member continues to perform below the required standards expected, and does not meet the required standard of work the supervisor will provide the staff member with a second written advice of the need for the staff member’s performance to improve, the time line for the next review and that at the conclusion of the specified period, a review of the staff member’s performance will occur.

4.9.2.2 Where applicable, a copy of the second written advice will also be provided to the relevant Member of the Executive responsible for the work unit in which the staff member works.

4.9.2.3 If, at the end of the specified review period, the staff member’s performance has improved to the required standard, the supervisor will provide the staff member with written confirmation of the staff member’s improvement and expectations for future performance as may be specified in the staff member’s performance review and plan. Where applicable a copy of the advice will also be provided to the Member of the Executive responsible for the work unit in which the staff member works.

4.9.2.4 If, at the end of the specified review period, the staff member’s performance has not improved to the required standard, the supervisor may implement the Unsatisfactory Performance Procedures as set out in 4.9.3 or take other appropriate action.

4.9.3 Unsatisfactory Performance Procedures

4.9.3.1 If, at the end of the specified review period referred to in sub-clause 4.9.2.1 the staff member’s performance has not improved to the required standard, the supervisor will submit a report to this effect to relevant Member of the Executive for consideration and, at the same time, provide a copy to the staff member.

4.9.3.2 The staff member will be advised that within ten (10) working days of receiving a copy of the report, the staff member must submit to the Member of the Executive a written response to the report. The staff member will also be advised in writing that if they fail to submit a response, the Vice-Chancellor and President may determine that the staff member’s performance has been unsatisfactory, and take disciplinary action as defined in sub-clause 1.3 (viii) of this Agreement.

4.9.3.3 The Member of the Executive will consider the report and the response provided by the staff member and consult with the supervisor and the Director Human Resources (or nominee) as appropriate.

4.9.3.4 Following consideration in 4.9.3.3 the relevant Member of the Executive will provide the Member of the Senior Executive with a copy of the report and the written response. The Member of the Senior Executive will need to be satisfied that:

(i) appropriate steps have been taken to bring the unsatisfactory nature of performance to the staff member's attention;

(ii) an adequate opportunity to respond was given;

(iii) any response was taken into account; and,

(iv) a reasonable opportunity has been afforded to remedy the performance problem.

4.9.3.5 The relevant Member of the Senior Executive may then decide to:

(i) take no further action and advise the staff member accordingly;

(ii) refer the matter back to the Member of the Executive or the supervisor to ensure that the steps referred to in clause 4.9.2.1 are complied with in substance and in a manner appropriate to the circumstances; or,

(iii) recommend to the Vice-Chancellor and President that disciplinary action be taken.

4.9.3.6 Before deciding to take disciplinary action, the Vice-Chancellor and President will have regard to the supervisor’s report and the response from the staff member (if received). The Vice-Chancellor and President’s decision will be made on the basis of information provided to the staff member and their response.

4.9.3.7 In circumstances where the Vice-Chancellor and President decides to terminate the staff member’s employment for cause based on unsatisfactory performance, the Vice-Chancellor and President will provide the staff member with the opportunity to put any matter to him or her directly and the staff member will have five (5) days to do so.

4.9.3.8 The Vice-Chancellor will advise the staff member of his or her decision, and of the operative date of any disciplinary action to be taken. In circumstances where the Vice-Chancellor decides to terminate the staff member’s employment the following notice (or payment in lieu thereof) will be provided in accordance with this clause. The staff member will receive the minimum period of notice, or payment in lieu of notice, on their last day of duty as outlined below:

4.9.3.9 If, following receipt of advice from the Vice-Chancellor and President, a staff member believes that fair and proper procedures have not been followed, the staff member may seek to have the process reviewed by a member of the Panel of Independent Chairs.

4.9.3.10 The member of the Panel (Reviewer) will review, the steps taken during the process of applying this clause in order to establish whether the staff member was afforded procedural fairness throughout that application. The Reviewer will submit a report on the findings of this review, including recommendations if appropriate, to the Vice-Chancellor and President.

4.9.3.11 Subject to the outcome of any review by the Reviewer, if formal disciplinary action is to be taken, the Vice-Chancellor and President will advise the staff member in writing of the decision and the date of effect of the decision.

4.9.4.12 Nothing in this clause shall be construed as excluding the jurisdiction of any external court or tribunal which, but for this sub-clause, would be competent to deal with the matter.