4.16 Unsatisfactory Performance

4.16 Unsatisfactory Performance

4.16.1 This clause will apply to all fixed-term and continuing Professional Staff Members of the University.

4.16.2 Where there are concerns about a Staff Member's performance, a Supervisor or Manager should initially, if appropriate, seek to resolve the matter through discussion, guidance or counselling.

4.16.3 Where a Staff Member's Supervisor has formed the view that the Staff Member's performance is unsatisfactory:

(a) the Supervisor will write to the Staff Member outlining their view of the unsatisfactory performance and outlining previous occasions on which relevant performance concerns have been raised;

(b) the Supervisor will meet with the Staff Member to discuss those areas of performance that have been identified as unsatisfactory;

(c) at the meeting the Staff Member will be given a reasonable opportunity to respond to the criticism made of their performance, as well as the opportunity to provide a written response up to five working days following the meeting. The Staff Member may use a maximum of eight hours of work time to prepare the written response;

(d) the Supervisor will determine and advise the Staff Member if the view originally formed is still valid, and if so what improvements are required for performance to be satisfactory;

(e) where reasonable and appropriate the Staff Member will be provided with training and/or development; and

(f) the Staff Member will be given a reasonable period of time, which, depending on the circumstances will not normally be more than three months, to improve those areas of performance identified as being unsatisfactory.

4.16.4 A Staff Member is entitled to be accompanied to any meeting by a representative of their choice. The Staff Member and their chosen representative may withdraw to consult if required. The representative may participate in the meeting but may not answer for the Staff Member.

4.16.5 At the end of the period specified in subclause 4.16.3(f) the Supervisor will meet with the Staff Member and review their performance. Following that review:

(a) where the Supervisor determines that all aspects of the Staff Member's performance are now satisfactory it will be recorded and no further action will be taken; or

(b) where the Supervisor determines any aspect of the Staff Member's performance remains unsatisfactory, the Supervisor will:

(i) make a report to the Head within five working days of meeting with the Staff Member; and

(ii) provide a copy of the report to the Staff Member.

4.16.6 Not withstanding subclause 4.16.5, if at any time during the Unsatisfactory Performance process the Supervisor determines that all aspects of the Staff Member's performance are now satisfactory, the Supervisor will inform the Staff Member in writing that the unsatisfactory performance action has concluded and no further action will be taken.

4.16.7 Where the Supervisor forwards a report to the Head, the Staff Member may provide a written response to the Head. Any response by the Staff Member must be provided within five working days of the Staff Member receiving the report specified in subclause 4.16.5(b)(ii).

4.16.8 The Head:

(a) will review the report and any response from the Staff Member;

(b) may, for clarification purposes, seek information from the Staff Member or Supervisor regarding the report or the response from the Staff Member; and

(c) will, if requested by the Staff Member, seek input from up to three colleagues nominated by the Staff Member in the faculty or office in which the Staff Member works, and give them a reasonable opportunity to provide such input.

4.16.9 Having regard to the report and any further information obtained in the process referred to in subclause 4.16.8, the Head will either:

(a) refer the matter back to the Supervisor for a further review period, which, depending on the circumstances will not normally be more than three months, with directions that the Supervisor must comply with before the matter is referred back to the Head to be dealt with under this subclause; or

(b) determine that all aspects of the Staff Member's performance are now satisfactory and that the unsatisfactory performance action has concluded and no further action will be taken; or

(c) provide a report to the Manager, Employee Relations which:

(i) identifies the aspects of performance the Head regards as unsatisfactory;

(ii) records the attempts to remedy the unsatisfactory performance; and

(iii) includes the Staff Member's responses and, if sought, colleagues' responses.

4.16.10 If the Head provides a report to the Manager, Employee Relations a copy of the report will also be provided to the Staff Member.

4.6.11 If the matter proceeds in accordance with 4.16.10 the Manager, Employee Relations will:

(a) consider the report and, if appropriate, request further information from the Staff Member, the Supervisor or the Head; and

(b) determine whether the processes have been complied with in substance and in a manner appropriate to the circumstances. On the basis of that determination, the Manager, Employee Relations may decide to:

(i) take no further action; or

(ii) refer the matter back to the Supervisor or Head with directions which either or both of them must comply with before the matter is referred back to the Manager, Employee Relations to be dealt with under this subclause 4.16.11; or

(iii) refer the matter to an Unsatisfactory Performance Reviewer (UPR).

4.16.12 If the Manager, Employee Relations decides to refer the matter under subclause 4.16.11(b)(iii), the Manager, Employee Relations will appoint a UPR. The UPR will be selected from a pool of suitably qualified practitioners. The pool will be agreed between the Manager, Employee Relations and the Chair of the Macquarie University Consultative Committee (MUCC).

4.16.13 The UPR:

(a) will review all reports from the Supervisor and Head;

(b) will review all responses from the Staff Member;

(c) may interview the Staff Member (and/or their representative if they so choose), Supervisor, Head and Manager, Employee Relations;

(d) will investigate procedural and substantive aspects of the matter and take into account any further material they believe is appropriate to consider; and

(e) will provide a report to the Director, Human Resources on the findings. This report should, where possible, be provided within five days of the last meeting. The UPR will also provide a copy of the report to the Staff Member.

4.16.14 The Director, Human Resources will consider all reports, responses and associated materials and will determine to:

(a) take no further action; or

(b) refer the matter back to the Supervisor or Head with directions which either or both of them must comply with before the matter is referred back to the Director, Human Resources to be dealt with under this subclause 4.16.14; or

(c) take disciplinary action which is limited to:

(i) counselling;

(ii) written warning;

(iii) formal censure;

(iv) withholding of an increment;

(v) varying the Staff Member's duties/removing any Administrative position;

(vi) demotion by one or more salary steps or one or more classification levels; or

(vii) termination of employment.

4.16.15 The Director, Human Resources will advise the Staff Member in writing of their determination under subclause 4.16.14.

4.16.16 If the Director, Human Resources determines to terminate the employment of the Staff Member, the period of notice will be as determined under clause 6.3 of this Agreement.

4.16.17 A determination made by any Supervisor or Officer of the University to take no further action will conclude the Unsatisfactory Performance process. However, it will not prevent the University from relying on the relevant unsatisfactory performance in any future performance related matter.

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