I1. Termination of Employment

I1.1 Introduction
I1.2 Policy statement
I1.3 Procedures
   I1.3.1 Resignation or retirement
   I1.3.2 Death of an employee
   I1.3.3 Abandonment of employment
   I1.3.4 Termination due to unsatisfactory performance
   I1.3.5 Termination of probationary employment
   I1.3.6 Termination due to serious misconduct
   I1.3.7 Termination on the grounds of ill health
   I1.3.8 Notice of termination by the University
   I1.3.9 Severance payments
   I1.3.10 Return of University property

I1.1 Introduction

I1.2 Policy statement

When managing termination of employment, the University will comply with the provisions of relevant workplace agreements.

(Approved by Council June 1998)

I1.3 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.

I1.3.1  Resignation or retirement

I1.3.1(a) An employee must put in writing their intention to resign or retire, indicating the proposed date of termination. The notice must be submitted through the employee's immediate supervisor and Category 4 Delegate or above who will acknowledge and forward the notice to Human Resources for action.

I1.3.1(b) An employee is required to give the University the following notice:

I1.3.1(c) At the discretion of the Vice-Chancellor, a shorter period of notice may be granted.

I1.3.1(d) If an employee fails to give the required notice, the University may withhold salary or take legal action.

I1.3.1(e) The Executive Director, Human Resources will advise acceptance of the resignation in writing to the employee.

I1.3.1(f) Resigning or retiring employees will be invited to attend an exit interview conducted by Human Resources.

I1.3.1(g) Resigning or retiring employees who are members of an employer sponsored Superannuation Fund may access retirement benefits if they meet the Superannuation Trust Deed eligibility criteria.

I1.3.2  Death of an employee

On receipt of advice that an employee has died, Human Resources will:

• convey condolences in writing to the immediate family;
• calculate outstanding salary and leave entitlements as from the last known working day and advise Payroll for payment action;
• advise the relevant Superannuation Fund of the member's details (date of death, name and address of next of kin, and name and address of person handling estate).

I1.3.3   Abandonment of employment

Failure by an employee to advise the University of the reason for any absence in excess of 10 sequential working days, will be considered to be abandonment of employment, and the employee will then be deemed to have resigned.

I1.3.4 Termination due to unsatisfactory performance

I1.3.4(a) The Vice-Chancellor may terminate employment due to an employee's unsatisfactory performance. The procedures for managing unsatisfactory performance, outlined in Section G2, will apply to decisions to terminate employment on the grounds of unsatisfactory performance.

For more information refer to HR Policy G2: Managing Unsatisfactory Performance.

I1.3.5 Termination of probationary employment

I1.3.5(a) If at any time during the probationary period:

• an employee's progress is considered by the University to be unsatisfactory; or
• if the employee is not satisfied with the position or the University,

either the employee or the University may terminate the employment subject to giving of the following notice.  Notice may be paid in lieu, or forfeited as the case may be.

I1.3.5(b) If any meeting is held between a supervisor and probationary employee where the performance of the probationary employee is to be discussed and which may concern the possible termination of a probationary employee, that employee may, where they choose to, be accompanied by their nominated representative.

I1.3.5(c) Where there is a recommendation to terminate the employment of a probationary employee, the employee will be advised of the recommendation by their supervisor and/or relevant Delegate, including any adverse material about the employee upon which the recommendation is based.  The employee will be entitled to respond to the recommendation and request a review of the recommendation to terminate the employment.

I1.3.5(d) Where a review is requested, the Executive Director, Human Resources, or nominee, will undertake a review of the process and consider a number of factors, including, but not limited to: 

• the employee's response and any relevant documentation;
• whether appropriate steps were taken to notify the employee of the performance issues and the consequences;
• whether the employee was given appropriate opportunity to respond;
• whether due consideration was given to the employee's response; and
• whether reasonable time and opportunity was given to remedy the performance issues.

I1.3.5(e) The Executive Director, Human Resources will then inform the Vice-Chancellor of the outcomes of the review and provide advice as to the most appropriate course of action.  The Vice-Chancellor will consider the employee's response and the advice from the Executive Director, Human Resources when considering the recommendation to terminate.

I1.3.5(f) The review will be conducted within 10 working days from the receipt of the request from the employee, where practicable. 

I1.3.6 Termination due to serious misconduct

The University may terminate without notice the employment of an employee found to have engaged in serious misconduct such that would make it unreasonable to require the University to continue employment during a period of notice.

For more information refer to HR Policy H2: Disciplinary Action for Misconduct or Serious Misconduct.

I1.3.7 Termination on the grounds of ill health

I1.3.7(a) The Vice-Chancellor may require an employee, whose capacity to perform the duties of their position is in doubt, to undergo a medical examination by a medical practitioner chosen by the University at the expense of the University.

I1.3.7(b) The Vice-Chancellor will provide the employee with written notice of not less than two months that a medical examination is required.

I1.3.7(c) A medical examination will not be required if an employee elects to apply to the relevant superannuation fund for ill-health retirement or temporary disability benefit and is granted the benefit.

I7.3.7(d) Where the superannuation fund determines that an employee is ineligible because of a pre-existing medical condition, or decides that an employee following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects the dispute this decision, the Vice-Chancellor may proceed to request the employee undergo a medical examination.

I1.3.7(e) A copy of the medical report made by the medical practitioner will be made available to the Vice-Chancellor and to the employee.

I1.3.7(f) If the medical examination reveals that the employee is unable to perform assigned duties and is unlikely to be able to resume them within 12 months, the Vice-Chancellor may terminate the employment.

I1.3.7(g) Prior to taking action to terminate the employment of an employee, the Vice-Chancellor may offer the employee the opportunity to resign and, if such a resignation is offered, will accept it and not proceed with action to terminate employment.

I1.3.7(h) Failure to undergo a medical examination will be taken as evidence that the employee is unable to perform assigned duties.  The Vice-Chancellor may then proceed with action to terminate the employment.

I1.3.7(i) The employee or, where they choose, their nominated representative, may request within 14 days of the medical report being made available, that the findings of the report be confirmed by a panel of three medical practitioners or an independent specialist agreed between the Vice-Chancellor and the employee.

I1.3.7(j) Where an employee resigns due to ill health, the number of years of continuous service required to have been completed by that employee before being entitled to long service leave will be five years.

I1.3.7(k)   In instances where the Vice-Chancellor decides to terminate employment on the grounds of ill health the standard notice period will apply.

I1.3.7(l) Where the superannuation fund determines that an employee is totally and permanently incapacitated and is unlikely to return to work in the foreseeable future, the University may terminate the employment.

I1.3.8 Notice of termination by the University

I1.3.8(a)  Where employment is terminated for valid reasons, the University will give an employee notice and/or compensation.

I1.3.8(b) The University is required to give a terminating employee the following notice:

I1.3.8(c) Payment may be made in lieu of notice at the discretion of the Vice-Chancellor or delegated officer. Payment in lieu of notice will be calculated on the employee's salary (including fortnightly paid award based allowances and loadings) at the date of ceasing employment.

I1.3.8(d) Notice of termination is given in writing to the employee.

I1.3.8(e) The University will provide the terminating employee with a separation certificate if requested.

I1.3.8(f) The employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment where the University has given notice of termination to an employee. Time off will be taken at times that are convenient to the employee after consultation with the employee's supervisor.

I1.3.9 Severance payments

I1.3.9(a) A terminating fixed term employee with over twelve months continuous service, for a specific task or project, or research, is entitled to the following severance payment:

provided that:

(a)  the employee seeks to continue the employment; and

(b)  (i) in the case of an employee on a second or subsequent contract, the same or substantially similar duties are no longer required by the University; or

(ii) the duties of the kind performed during the contract continue to be required, but another person has been appointed or is to be appointed to the same or substantially similar duties.

I1.3.9(b) Breaks between appointments of up to two times per year and of up to six weeks shall not constitute breaks in service.  Periods of approved unpaid leave will not count for service, but will not constitute breaks in service.

I1.3.9(c) The University may defer a severance payment for up to six weeks after the expiry of the period of the fixed term appointment where the employee is advised in writing that a further appointment may be offered and commenced within six weeks of the expiry of the fixed term appointment.  Casual employment within this six week period does not affect the entitlement for severance payment.

I1.3.10  Return of University Property

I1.3.10(a)  Any employee who is leaving the employ of the University is required to return all University property in good condition. Property belonging to the University may include, but is not limited to: equipment, library books, staff cards, mobile phones, files, protective clothing, access keys, and computer hardware and software.

I1.3.10(b)  It is the responsibility of the manager/supervisor of any employee who is leaving the employ of the University to ensure that University property is returned prior to the cessation date.  A checklist has been developed to assist managers/supervisors complete this process.