PART 10: MANAGING PERFORMANCE AND CONDUCT AT MACQUARIE
46. UNSATISFACTORY PERFORMANCE
46.1 The procedures outlined in this clause will apply to all Staff Members, other than Casual Staff and any Staff Member subject to the probationary procedures under clause 13, Probation.
46.2 A Staff Member is entitled to be accompanied to any meeting by a Representative of their choice. The Representative may actively participate in the meeting but not answer for the Staff Member. The Staff Member and their Representative may withdraw to consult if required.
46.3 Where there are concerns about a Staff Member’s performances, a Supervisor or Manager, should initially, if appropriate, seek to resolve the concerns through discussion, guidance or counselling.
46.4 Where a Staff Member's Supervisor has formed the view that the Staff Member's performance is unsatisfactory, the Supervisor will:
(a) write to the Staff Member outlining their view of the unsatisfactory performance and outlining any previous occasions on which relevant performance concerns have been raised;
(b) meet with the Staff Member to discuss those areas of performance that have been identified as unsatisfactory;
(c) provide the Staff Member with a reasonable opportunity to respond to the performance concerns during the meeting and the opportunity to provide a written response up to 5 working days following the meeting. The Staff Member may use a maximum of 8 hours of work time to prepare the written response.
46.5 The Supervisor will determine if the view originally formed is still valid, and if so:
(a) advise the Staff Member what improvements are required for performance to be satisfactory;
(b) provide, where reasonable and appropriate, the Staff Member with training and/or development; and
(c) provide the Staff Member with a reasonable period of time which, depending on the circumstances, will not normally be more than 3 months, to improve those areas of performance identified as being unsatisfactory.
46.6 At the end of the period specified in sub-clause 46.5(c) 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 Manager within 5 working days of meeting with the Staff Member; and
(ii) provide a copy of the report to the Staff Member.
46.7 Notwithstanding sub-clause 46.6, if at any time during the Unsatisfactory Performance process the Supervisor determines that all aspects of the Staff Member's performance are satisfactory, the Supervisor will inform the Staff Member in writing that the unsatisfactory performance action has concluded, and no further action will be taken.
46.8 Where the Supervisor forwards a report to the Manager, the Staff Member may provide a written response to the Manager. Any response by the Staff Member must be provided within 5 working days of the Staff Member receiving the report in accordance with sub-clause 46.6 (b) (ii).
46.9 The Manager:
(a) will review the report and any response from the Staff Member;
(b) may seek further 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 3 colleagues nominated by the Staff Member and give them a reasonable opportunity to provide such input. The nominated colleagues must be in the Faculty or Office in which the Staff Member works.
46.10 Having regard to the report and any further information obtained in the process referred to in sub-clause 46.9, the Manager 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 3 months, with directions that the Supervisor must comply with before the matter is referred back to the Manager to be dealt with under this clause; or
(b) determine that all aspects of the Staff Member's performance are now satisfactory and that the unsatisfactory performance process should be concluded, and no further action will be taken; or
(c) provide a report to the Unsatisfactory Performance Reviewer (UPR) which:
(i) identifies the aspects of performance the Manager 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.
46.11 If the Manager provides a report to the UPR, a copy will also be provided to the Staff Member.
46.12 If the Manager decides to proceed in accordance with sub-clause 46.10 (c), they will notify the Manager, Employee Relations who 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 Branch Presidents of the Union/s.
46.13 The UPR:
(a) will review all reports from the Supervisor and Manager;
(b) will review all responses from the Staff Member;
(c) will invite the Staff Member (and/or their Representative if they so choose) to be interviewed and may interview the Supervisor, the Manager, the Manager, Employee Relations and/or any other person/s deemed appropriate by the UPR;
(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 5 days of the last meeting. The UPR will also provide a copy of the report to the Staff Member.
46.14 The Director, Human Resources will consider all reports, responses and associated materials and may either:
(a) take no further action;
(b) refer the matter back to the Supervisor or Manager 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 sub-clause 46.14; or
(c) propose to take disciplinary action which is limited to:
(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.
46.15 The Director, Human Resources will advise the Staff Member in writing of the determination under sub-clause 46.14.
46.16 If any disciplinary action is proposed to be taken, the Director, Human Resources will:
(a) invite the Staff Member to advise in writing any matters that they want the Director, Human Resources to take into account in making a decision about what disciplinary action is to be taken. Any such response must be provided within 5 working days of the invitation. The Director, Human Resources will also invite the Staff Member (and their representative if they so choose) to attend a meeting to discuss the matter;
(b) consider any matters brought to their attention by the Staff Member when deciding what, if any, disciplinary action should be taken; and
(c) if disciplinary action is to be taken, advise the Staff Member of the decision and of the operative date of any disciplinary action to be taken.
46.17 ;If the Director, Human Resources determines to terminate the employment of the Staff Member, the period of notice will be as determined under clause 53, Termination of Employment.
46.18 A decision 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 (unless there was a decision pursuant to 46.5 that the original view formed was not valid).