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The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Seven – Staff Relations

46. Managing Underperformance

46.1 The University’s Managing Underperformance policy, which applies to staff members with confirmed standard and fixed term employment, prescribes the principles for managing underperformance.  The following table provides the framework for managing underperformance within which this policy operates. 

Initial action

The supervisor will, initially, attempt to deal with the matter informally or by varying the staff member’s Statement of Performance Expectations to identify the deficiencies in performance, corrective action, appropriate development assistance, and when a further review will take place.

Initial formal actions

Inform the staff member and Human Resources, in writing, that formal procedures will commence and advise the staff member of the performance standards required, perceived performance deficiencies, failure to meet an informal improvement plan (if relevant) and formal action to be taken.  The staff member will have 5 working days to respond, in writing, to the supervisor’s concerns.  If formal action proceeds, a Performance Agreement will be developed.

Performance Agreement

A Performance Agreement will specify required performance standards, the performance problem, corrective actions, training or counselling where relevant, the timeframe during which the performance will be closely monitored, the dates of regular meetings, and possible action for deliberate breach.  The Performance Agreement will be signed and include the staff member’s written comments. Payment of an increment that falls due during formal action will be delayed until the supervisor is satisfied that the performance standards have been met. 

Performance improves to required level

Formal underperformance procedures will cease and, where an increment has been delayed, payment of increment from date that performance is satisfactory.

Further formal action where performance remains unsatisfactory

Where the Statement of Performance Expectations has been varied and performance remains unsatisfactory, the supervisor can recommend to the delegate that a further period of review under a Performance Agreement is warranted or the performance is assessed as unremediated underperformance and discipline action under 45.2 is warranted.  The staff member may seek to negotiate alternative employment arrangements as an alternative to the recommended disciplinary action under 45.2 and/or

If, at the end of the period specified in the Performance Agreement, the supervisor is not satisfied he or she will advise the staff member and the Director, Human Resources in writing of the deficiencies in performance, and recommend to the delegate disciplinary action under 45.2.

Action by Senior Officer where the delegate supports the supervisor’s recommendation for disciplinary action

The delegate will make a report in writing to the Director, Human Resources (DHR) or, if the recommended action is demotion or termination, the Deputy Vice-Chancellor (DVC).  He or she, being satisfied that the appropriate and required steps have been taken, will advise the staff member of proposed action. The staff member will have 5 working days to respond in writing.  Following consideration of the response, the DHR or DVC will decide the matter and advise the staff member of the decision, with effective date no earlier than 5 working days.  The staff member may seek a Review of Decision (Clause 50).

 

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