G2. Managing Unsatisfactory Performance

G2.1 Introduction
G2.2 Policy statement
G2.3 Procedures  
   G2.3.1 Initial counselling  
   G2.3.2 Written advice of unsatisfactory performance 
   G2.3.3 Review of progress
   G2.3.4 Formal report  
   G2.3.5 Unsatisfactory performance review committee
   G2.3.6 Vice-Chancellor's decision

G2.1 Introduction

G2.2 Policy statement

The University will provide a mechanism through performance planning and review and employee supervision to support employees whose performance is assessed as requiring improvement.

(Approved by Council June 1998)

G2.3 Procedures

Throughout these procedures, "nominated representative" means, in relation to an employee, a person selected by the employee to assist or represent the employee.  The person may be either another employee of the University (but not if such a person is a currently practising solicitor or barrister) or, at the request of the employee, an officer or employee of the relevant Union, or any person chosen by the employee who does not present a conflict of interest.  In relation to the University, it means a person selected by the University to assist or represent the University.  The person may be either an employee of the University (but not if such a person is a currently practising solicitor or barrister) or, an officer or employee of the AHEIA or any other person chosen by the University who does not present a conflict of interest.

Throughout these procedures, "disciplinary action" means action by the University to discipline an employee for unsatisfactory performance and includes: formal censure or counselling; demotion by one or more classification levels or increments; withholding of an increment; suspension with or without pay; or termination of employment for unsatisfactory performance only.

G2.3(a) For the purposes of these procedures, an employee may, where they choose to, seek assistance from a nominated representative.

G2.3.1 Initial counselling

G2.3.1(a) Where a supervisor is of the view that the performance of an employee is unsatisfactory, the supervisor will first counsel the employee on the nature of the improvement required and develop and implement strategies to address underperformance.  These strategies will be given no less than four weeks to take effect for general employees, and up to a semester for academic employees, having regard to the performance issues to be addressed.

G2.3.1(b) A record of the counsel given will be kept and a copy supplied to the employee.

G2.3.1(c) At this time, and if the supervisor believes it appropriate, the supervisor will direct the employee to undertake a course of professional development or other appropriate programmes designed to assist in improving performance.

G2.3.2 Written advice of unsatisfactory performance

G2.3.2(a) Where a supervisor believes that counselling has not produced the desired improvements in performance, the supervisor will advise the employee, in writing, of the following:

• the specific areas of performance that are considered unsatisfactory,
• the nature of the improvement required over the next two months in the case of general employees, or three months in the case of academic employees, having regard to the performance issues to be addressed,
• the date proposed for a review of the specific areas of performance, and
• the availability of professional development and other resources to assist the employee in improving.

A copy will be provided to the Executive Director, Human Resources.

G2.3.2(b) The employee will be entitled to 10 working days from the receipt of the supervisor's written advice to respond to the supervisor.  If requested by an academic employee, the supervisor will consult with the employee's colleagues.

G2.3.2(c) The supervisor must give due and proper weight to any response provided by the employee and will do one of the following:

• confirm the advice of unsatisfactory performance and the remedial action required or
• modify any or all of the particulars contained in the previous advice; or
• withdraw the advice and ensure that no records relating to the advice are kept on the employee's file.

G2.3.3 Review of progress

G2.3.3(a) The supervisor will review whether or not the required improvement in the employee's performance has been made.  This review will occur no earlier than the date set in the written advice. 

G2.3.3(b) Where the supervisor is satisfied that the required improvements have been made, the employee will be advised in writing and no further action taken.

G2.3.4 Formal report

G2.3.4(a) Where the supervisor believes that the performance of the employee continues to be unsatisfactory, the supervisor, in consultation with their Dean/Manager, will make a formal report to the Executive Director, Human Resources.  The report will state clearly the aspects of performance seen as unsatisfactory, the record of attempts to remedy the problem, and the recommended disciplinary action.

G2.3.4(b) The supervisor will provide the employee with a copy of the report at the time it is submitted to the Executive Director, Human Resources.  The employee will be entitled to 10 working days from the receipt of the supervisor's report, to submit a written response to the Executive Director, Human Resources.  Where the report recommends disciplinary action, the employee may request that the matter be referred to an Unsatisfactory Performance Review Committee.

G2.3.4(c)  Where an employee has made a written application for a review of disciplinary action under G2.3.4(b), the Executive Director, Human Resources will advise the Vice-Chancellor of the request.   The Vice-Chancellor will consider the request and may decide to:

(a) Take no further action; or

(b) Refer the matter back to the supervisor to ensure that the steps set out  in G2.3.1 through to G2.3.4 are complied with in substance and in a manner appropriate to the circumstances; or

(c) Convene an Unsatisfactory Performance Review Committee no later than 10 working days from the date of receipt of such a review application as set out in Clause 36.1 of the Certified Agreement.

G2.3.5 Unsatisfactory performance review committee

G2.3.5(a) The Unsatisfactory Performance Review Committee will consist of three members, as follows:

• An employee chosen by the Vice-Chancellor;
• An employee nominated by the employee representatives on the Staff Consultative Committee from a pool of employees elected by and from employees, whose conditions of employment are covered by the Certified Agreement;
• A chairperson chosen by the Vice-Chancellor following consultation with the two committee members.

G2.3.5(b) The Committee will review the submission and report to the Vice-Chancellor on the following:

• whether appropriate steps were taken to bring the unsatisfactory nature of performance to the employee's attention;
• whether adequate opportunity was given to respond;
• whether due and proper weight was given to the employee's response;
• whether reasonable time and opportunity was afforded to remedy the performance problem;
• whether there was appropriate consultation with the academic employee's colleagues, where requested.

G2.3.5(c) The Committee will:

• provide an opportunity for the employee to be interviewed by it and ensure that the employee has adequate opportunity to answer findings of unsatisfactory performance.
• take into account such further materials as it believes appropriate to substantiate or otherwise the facts in dispute;
• interview any person it thinks fit to establish the merits or facts of the particular case;
• allow the employee, where they choose, to be represented by a nominated representative, and the Vice-Chancellor or delegate to be assisted by a nominated representative;
• ensure that the employee, or, where they choose, their nominated representative, and the Vice-Chancellor or delegate, or nominated representative, have the right to ask questions of interviewees, to make submissions and to present and challenge evidence;
• conduct its proceedings in camera (unless otherwise agreed) as a Committee of inquiry as expeditiously as possible consistent with the need for fairness;
• take into account such further material as it believes appropriate to the case;
• make its report available to the Vice-Chancellor and the employee within 10 working days following the conclusion of the review;
• keep a taped record of the proceedings (but not its own deliberations), which will be available on request to the employee or the Vice-Chancellor.

G2.3.6 Vice-Chancellor's decision

G2.3.6(a) Following consideration of the report, the Vice-Chancellor may decide to:

1. take no further action; or

2. refer the matter back to the supervisor to ensure that the steps set out in G2.3.1 through to G2.3.4 are complied with in substance and in a manner appropriate to the circumstances; or

3. Take disciplinary action, which includes:

• formal censure or counselling;
• demotion by one or more classification levels or increments;
• withholding of an increment;
• suspension with or without pay;
• termination of employment.

G2.3.6(b) The Vice-Chancellor will advise the employee in writing of any decision. Any disciplinary action will take effect no earlier than five working days from the date of the Vice-Chancellor's written advice.

G2.3.6(c) The action of the Vice-Chancellor will be final, except that nothing in these provisions will be construed as excluding the jurisdiction of any external court or tribunal which, but for these provisions, would be competent to deal with the matter.