This clause does not apply to employees serving a period of probation whose employment will be managed in accordance with clause 6.2.
If a concern regarding performance has not been resolved following a reasonable time in accordance with clause 6.6 above, a supervisor may propose to meet with an employee regarding possible unsatisfactory performance.
Employees will be advised of their right to have an Employee Representative attend any meetings.
Performance Improvement Plan
Where a supervisor has identified that the performance of an employee does not meet the required standard, the supervisor will address the issue(s) promptly and, in consultation with the employee, will develop and implement specific strategies to address any concerns related to the employee’s performance.
To assist the employee to address any concerns related to the employee's performance, the supervisor will develop a Performance Improvement Plan (PIP) which will be provided to the employee in writing. The PIP will:
Outline to the employee the required standard of work and the nature of the improvements required;
Specify the time within which reasonable improvement is expected;
Identify any required skill development and/or training to be provided; and
Outline the possible consequences if the employee’s performance does not improve.
If, at the end of the specified review period, the employee’s performance has improved to the required standard, the supervisor will provide the employee with written confirmation of the employee’s improvement and expectations for future performance as may be specified in the employee’s performance review and plan.
If, at the end of the reasonable specified review period, the employee’s performance has not improved to the required standard, the supervisor may implement the Unsatisfactory Performance Procedures as outlined below.
Unsatisfactory Performance Procedures
If, at the end of the reasonable specified review period referred to in clause 6.8(e)(ii) above, the employee’s performance has not improved to the required standard, the supervisor will submit a report that sets out the employee’s unsatisfactory performance and outlining the steps which have been taken under sub-clause 6.8(d)-(e) to the relevant Member of the Senior Executive for consideration.
A copy of this report will also be provided to the employee who will have ten (10) working days to respond in writing to the relevant Member of the Senior Executive. The employee will also be advised in writing that if they fail to submit a response, the Vice-Chancellor and President (or their nominee) may determine that the employee’s performance has been unsatisfactory and take disciplinary action as defined in clause 1.4 of this Agreement.
The relevant Member of the Senior Executive will consider the report and the written response provided by the employee and make a recommendation to the Vice-Chancellor and President (or their nominee) as to an appropriate course of action including disciplinary action. The relevant Member of the Senior Executive will need to be satisfied that:
Appropriate steps have been taken to bring the unsatisfactory nature of performance to the employee’s
attention in accordance with this clause;
An adequate opportunity to respond was given;
Any response was taken into account;
A reasonable opportunity has been afforded to remedy the performance issue(s); and
The terms of this Agreement have been complied with and procedural fairness afforded.
The Vice-Chancellor and President’s (or their nominee’s) proposed determination including any disciplinary action will be made on the basis of information provided to the employee, their response, and the recommendation of the relevant Member of the Senior Executive.
Before taking any disciplinary action, the employee will have five (5) working days to respond to the Vice-
Chancellor and President’s (or their nominee’s) determination.
If termination is proposed and the employee does not respond within five (5) working days, the employee will be terminated in writing and provided with the relevant notice periods in sub-clause 6.8(n).
If the Vice-Chancellor and President (or their nominee) proposes to terminate an employee for unsatisfactory performance, the University will advise the employee of the decision and of the proposed date of termination. The employee will receive the minimum period of notice, or payment in lieu of notice, on their last day of duty in accordance with sub-clause 8.6(c).
Following receipt of advice on proposed disciplinary action from the Vice-Chancellor and President (or their nominee), the employee may seek to have the proposed disciplinary action reviewed by an Independent Reviewer in accordance with clause 8.3.
The Independent Reviewer will review the proposed disciplinary action to ensure steps taken were in accordance with this clause and establish whether the employee was afforded procedural fairness. The Independent Reviewer will submit a report on the findings of this review, including recommendations if appropriate, to the Vice-Chancellor and President (or their nominee).
Subject to the outcome of any review by the Independent Reviewer, if formal disciplinary action is to be taken, the Vice-Chancellor and President (or their nominee) will advise the employee in writing of the decision and the effective date of the decision.
Nothing in this clause will 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.
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