6.10 Probationary Employment

6.10 PROBATIONARY EMPLOYMENT

6.10.1 A staff member, other than one who is employed on a sessional or casual basis, may be employed on the requirement that they satisfactorily complete a specified period of probationary employment. The term and conditions which must be met for confirmation of probation shall be advised in writing to the staff member in advance of the commencement of employment. The review and assessment of a staff member on probation will be in accordance with the applicable University policy and procedures for Probation.

Notwithstanding that the relevant Member of the Senior Executive may, however, reduce or dispense with a probationary period in the case of a new staff member where this is warranted.

6.10.2 The maximum term of a probationary period for a professional staff member shall be six (6) months, and for a continuing academic staff member shall be five (5) years (normally with a review at three (3) years) notwithstanding that these periods may be shortened.

6.10.3 In the case of fixed-term academic staff for whom the terms of their probationary appointment did not require the normal range of probation conditions for continuing appointment, a further period of up to twenty-four (24) months’ probation may be required. Other than the provisions of this sub-clause, any second or subsequent fixed-term contract, with the University, will not contain a probationary period.

A probationary staff member’s performance will be reviewed as follows:

(i) A professional staff member will normally have their performance reviewed at the midpoint of their probationary period (normally two (2) – three (3) months) and again prior to the anticipated date of confirmation.

(ii) An academic staff member employed on a probationary basis who is employed on a fixed-term contract of employment will normally have their performance reviewed at the midpoint of their probationary period and again prior to the anticipated date of confirmation.

(iii) A continuing academic staff member employed on a probationary basis will normally have their performance reviewed on an annual basis with a final review occurring normally no later than six (6) months prior to the anticipated date of confirmation.

6.10.4 If a review of performance finds that the staff member has not met the terms of their probation and/or the staff member’s performance is unsatisfactory, the Vice-Chancellor and President may dismiss a probationary staff member on performance grounds with notice, provided that:

(i) the staff member is serving a reasonable probationary period, having regard to the nature and circumstances of the employment;

(ii) the dismissal complies with the University’s probation policy and procedures; and,

(iii) notice of dismissal is given in writing.

6.10.5 As a condition incidental to employment on probation, a staff member must be advised of, and given an opportunity to make response to, any adverse material about the staff member which the University intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.

6.10.6 If, at the end of the specified review period (or the final review in the case of a continuing academic staff member) the staff member has not met their probationary criteria and/or the staff member’s performance has not improved to the required standard, the supervisor will submit a report to this effect through the Member of the Executive to the relevant Member of the Senior Executive for consideration and, at the same time, provide a copy to the staff member.

6.10.7 Within (10) ten working days of receiving a copy of the report, the staff member must submit to the relevant Member of the Senior Executive a written response to the report. The relevant Member of the Senior 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.

6.10.8 Upon receipt of the report and any written response from the staff member, the relevant 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, including any specific probationary criteria that have not been met;

(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 and/or otherwise meet the probationary criteria.

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

(i) take no further action;

(ii) refer the matter back to the Member of the Executive or the supervisor to ensure that appropriate steps are taken (e.g. relevant staff development or training); or,

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

6.10.10 On receipt of the recommendation from the relevant Member of the Senior Executive and having considered the report of the supervisor related to the probationary staff member, and the response from the staff member, the Vice-Chancellor and President may consider taking disciplinary action, as defined in sub-clause 1.3 of this Agreement.

6.10.11 Before taking any action, the Vice-Chancellor and President will provide the probationary staff member with copies of the reports that have given rise to the recommendation. The Vice-Chancellor and President shall invite the staff member to respond to the matters raised in those reports and to advise, within five (5) working days, in writing, any matters that the staff member may wish the Vice-Chancellor and President to take into account at the time a decision as to disciplinary action is to be considered. The Vice-Chancellor and President will have regard to any such matters brought to her or his attention by the staff member when deciding whether any disciplinary action should be taken.

6.10.12 If the Vice-Chancellor and President dismisses a probationary staff member, the staff member shall be entitled to notice or payment in lieu of notice as follows:

6.10.13 The University will advise the probationary staff member of the Vice-Chancellor and President’s decision, and of the operative date of any disciplinary action to be taken.

6.10.14 If, following receipt of advice from the Vice-Chancellor and President, a probationary 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.

6.10.15 The member of the Panel (Reviewer) will review the steps taken during the process of applying this sub-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.

6.10.16 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.

6.10.17 All actions of the Vice-Chancellor and President to discipline a probationary staff member shall be final, and not subject to the disputes settling procedures of this Agreement, except that any disputes regarding the process leading to the Vice Chancellor and President’s actions and decisions may be dealt with in accordance with the disputes settling procedures of this Agreement.

6.10.18 Nothing in this sub-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.