Unsatisfactory Performance

7Definitions

7.X "Unsatisfactory Performance" means performance that is below the expectations relevant to the position.

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63 Unsatisfactory Performance

63.1 Procedural Matters

a. This clause does not apply to Casual Employees or employees inserving a period of Probation (as set out in clause X (Probation)).

63.2Procedural Matters

In accordance with relevant University policy, a Supervisor will make reasonable efforts to resolve instances of diminished performance. Where a Supervisor has taken steps to improve the performance of the employee through use of the diminished performance measures provided in relevant policy and procedures without a demonstrable improvement in performance, the Supervisor shallwill advise the employee that the unsatisfactory Unsatisfactory performance Performance process is being instigated.

b. The employee 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 the this processes set out in clause 63:

(i)  an employee may be represented by their Representative;.

(ii) an employee may resign, the resignation will be accepted by the University, the process will cease and the employee’s employment will cease immediately; and/or 

(iii) the an employee’s Supervisor may discuss alternative strategies with the employee. A member of Human Resources must be present for the discussion(s). Any strategy developed in accordance with this clause must be mutually agreed in writing. 

c. It is in the interests of all parties that processes under this clause are managed in a timely manner, balancing the psychosocial wellbeing of employees with the requirements of procedural fairness.

a.

63.263.3Step One

a. A Supervisor will discuss performance concerns with an employee at an early stage, consistent with the duties and expectations of the employee’s position. 

b. Such discussions may result in the implementation of measures such as guidance, assistance, training, and/or counselling which a Supervisor determines necessary to improve performance. 

c. The employee will be informed that if attempts to address performance concerns at Step 1 are unsuccessful, the University may commence a process under clause 63.3. 

63.163.3Unsatisfactory Performance Step OneTwo

a. If the process in clause 63.2 does not result in the employee’s performance improving to the requisite level, tThe Supervisor will have a discussionmeet with the employee to identify the: 

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

(ii) improvements required of the employee; 

(iii) the timeframe for which improvements are required (the “Review Period”) and provision for regular feedback during that periodconsistent with the provisions of clause 63.3(b) below; 

(iv) the remedies to assist the employee to address the issue(s), including but not limited to ensuring the employee has had, or has access to appropriate training to ensure, to the extent relevant, that the expectations of the position can be met; and 

(v) the outcomes if the employee fails to improve the identified performance issue(s) within the timeframe outlined. 

A summary of the matters raised should be recorded in writing. A copy of this summary, and a copy of clause 63,willshould be given to the employee. The employee may reply to the summary, and both the summary and any response will be kept on the employee’s employee file. 

b. The rReview pPeriod will be: 

Employee: Review Period 

Academic employeeEmployee: Ordinarily no less than six (6)6 months 

Professional employeeEmployee: Ordinarily no less than three (3)3 months 

c. The rReview pPeriod will be determined by the employee’s Supervisor having regard to the matters set out in clauses 63.3(a) and (b). If the parties do not agree the matter will be referred to the Chief Human Resources Officer for determination of a reasonable Review review Periodperiod. 

d. If, after the expiration of the rReview pPeriod, the employee’s performance has i:

e.‍ ‍Improved to the requisite level relevant to the expectations of the position, an appropriate file note will be made and provided to the employee. The employee will be required to maintain their performance for six (6)6 months from this date. If the employee’s performance falls below the satisfactory standardrequisite level, a further review period, for a period determined by the employee’s Supervisor, will recommence. 

d.

e. If, after the expiration of the review period, the employee’s performance has nNot improved to the requisite level relevant to the expectations of the position, the Supervisor will consult with the Head of the Organisational Unit and then provide the employee with:

(i) a written assessment of the performance concerns and the steps taken at Step Two to improve the performance, and details of the remaining performance concerns; and

(ii) 10 working days to provide a written response to the assessment.

(i) institute the processes provided for under Step Two of this clause, subject to any agreement in relation to alternative strategies pursuant to clause 63.357.2.(e) below.

62.2 The Supervisor may discuss alternative strategies with the employee at any stage throughout Step One. A member of Human Resources must be present for the discussion(s). Alternative strategies may include, but are not limited to:

62.3 the transfer of the employee to another position at the same or lower classification;

62.4 execution of a pre-retirement contract of no more than twelve (12)12 months duration, with appropriate duties and classification level; and

62.5 arrangements and assistance to enable the employee to seek alternative employment outside of the University.

62.6 Any strategy developed in accordance with this clause must be mutually agreed in writing.

63.7 63.4Unsatisfactory Performance Step Two – 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 employee. The employee will have ten (10)10 working days after receipt of the report to respond in writing to the report. A copy of the report and the employee’s response (if any) will be retained on the employee’s file.

b. The Head of the Organisational Unit in consultation with the Chief Human Resources Officer (or nominee) will review the Supervisor’s report together with any response by the employee, and determine whether any further steps should be taken by the Supervisor before progressing to Unsatisfactory Performance Step Three. Such steps may include the implementation of a further review period, if appropriate.for the Relevant Senior Executive to the Relevant Senior Executive  who will be provided with 

6.3.963.463.5Unsatisfactory Performance Step ThreeThree – Referral and Decision

a. In making a referral to the Relevant Senior Executive, the Supervisor will provide a copy of the written assessment and the employee’s response, if any, to the Relevant Senior Executive.

a. Where the Head of the Organisational Unit is of the view that Step One has not produced the desired improvement in performance, they may make a referral to the Relevant Senior Executive that the performance of the employee is unsatisfactory.

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

c. A copy of the referral together with any supporting material will be provided to the employee by the Head of the Organisational Unit. The employee will have ten (10)10 working days after receipt of the referral to respond in writing to the referral. A copy of the referral and the employee’s response, (if any) will be retained on the employee’s file.

d. Unsatisfactory Performance – Disciplinary Action

b. The Relevant Senior Executive mustwill consider the referral provided by the Head of the Organisational UnitSupervisor’s written assessment, along with any response provided by the employee, and determine whether the employee’s performance is unsatisfactory as defined in clause 7.X.

c. If the Relevant Senior Executive determines that the employee’s performance is not unsatisfactory, no further action will be taken, and the employee will be advised of the outcome in writing.

d. If the Relevant Senior Executive determines that the employee’s performance is unsatisfactory, they will determine what further action should be taken, The Relevant Senior Executive will advise the employee in writing what action will be taken, which may include but is not limited to:

(i) no further action;

(ii) recommendations for alternative strategies; or

(iii) Disciplinary Action (as defined in clause 7.X).

h. . TThe Relevant Senior Executive may determine to take dDisciplinary aAction only if must bethey are satisfied that: 

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

(ii) the employee had a reasonable opportunity to remedy their performance;.

(ii)(iii) the employee was provided with an adequate opportunity to respond; and

(iii)(iv) any response of the employee was taken into account; and.

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

f. If the criteria set out in clause 63.5d above is satisfied, the Relevant Senior Executive will make a decision about the appropriate action, including based on whether the Relevant Senior Executives determines that the performance of the employee is unsatisfactory.

h. The Relevant Senior Executive will advise the employee in writing what action will be taken, which may include but is not limited to:

(ii) no further action;

(iii) recommendations for alternative strategies; or

(iv) Disciplinary Action.

f. The Disciplinary Action that may be imposed under this process includes one, or more available actions as listed set out in clause 7.X. 

g. Where the Disciplinary Action proposed by the Relevant Senior Executive is termination of employment, or where the Disciplinary Action proposed may result in financial hardship, the employee will be given five (5)5 working days after the date of receipt of the Relevant Senior Executive’s proposed determination to respond in writing. The Relevant Senior Executive will consider any response provided by the employee prior to making a final decision. 

j.h. For Professional Employees, the decision of the Relevant Senior Executive will be final.

63.10 63.6Committee of Review

k.j.If thean Academic Eemployee does not accept the determination and/or Disciplinary Action (other than a decision to apply a Disciplinary Action of a formal warning), they may refer the matter through the relevant Senior Executive to and request a Committee of Reviewreview of the determination in accordance with clause 64 X of this Agreement. 

63.1163.563.7Termination Due to Unsatisfactory Performance

Termination of employment as a result of Uunsatisfactory performance Performance will be subject to the notice requirements in section 117 of the Fair Work Act or the notice period provided in the employee’s Contract contract of Employmentemployment, whichever is greater. Payment in lieu of such notice may be provided. 

If at any time during the operation of these processes the employee offers to resign with immediate effect, the resignation shallwill be accepted by the Relevant Senior Executive and the proceedings will cease.