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For all enquiries please contact the Human Resources Service Centre
Phone: +61 8 831 31111
Facsimile: +61 8 8303 4353
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Human Resources
Level 13, 115 Grenfell Street
The University of Adelaide
SA 5005 AUSTRALIA


University of Adelaide Enterprise Agreement 2010-2013

Download a full printable version of the University of Adelaide Enterprise Agreement 2010-2013.

2.2 Probation, Tenure and Confirmation

This clause applies to staff employed on a fixed-term contract of greater than six (6) months and staff appointed to a continuing position.

Professional Staff Probation

2.2.1 Period of Probation

a) Professional Staff appointed to a position for more than six (6) calendar months will serve a probation period of up to six (6) calendar months.
b) By agreement your probation period may be extended by up to a further six (6) months.
c) If you have served a probation period with the University in the same or a similar position you will not be required to serve a further period of probation if there has been continuous service.
d) Any second or subsequent fixed-term contract with the University will not contain a probation period where the contract is for work that is the same.
e) If during the probation period you are absent from duties for a period in excess of 20 consecutive working days, your probation period may be extended, by agreement, for the period of absence.

2.2.2 Performance Review during Probation

a) During the probation period there will be three (3) specific probation meetings that will:

i. clarify duties;
ii. set goals;
iii. determine measures for performance and how these will be assessed; and
iv. monitor completion of the University's induction program.

b) The above will make reference to position classification standards, position descriptions and the selection criteria for the position.

2.2.3 Timing of Probation Meetings

1st Probation meeting

As soon as possible after commencement.

2nd Probation meeting

Monitor and discuss performance.

Final Probation Meeting

Normally, no later than four (4) weeks prior to the end of the probation period.

a) During your probation period, your supervisor will inform you of any deficiencies in your performance or conduct and the improvements necessary to meet the required standard.
b) If your supervisor is of the view that there is a problem(s) with your performance, as soon as practicable you will receive written advice of the nature of the problem(s) and the specific improvements required.
c) Your performance will be monitored in accordance with the University's Planning, Development and Review (PDR) process referred to in clause 5.2.


2.2.4 Confirmation of Employment

a) Your employment will be confirmed if your supervisor recommends that you fulfil the position requirements; or
b) If you have been appointed to a continuing position and by close of business on the last day of your probation period you have not received notice as to the status of your probation, your employment will automatically be confirmed.

2.2.5 Termination of Employment during Probation

a) Your employment may be terminated if you are unsuited to the position, either by reason of performance or conduct, or if the claims which you made in the selection process were found to be untrue or not substantiated by your performance in the position.
b) If your supervisor seeks to recommend termination of your employment, you will be sent the supervisor's recommendation, including details of the reason(s) and supporting documentation from the probation meeting sessions that have occurred to date. You will have 10 working days from the date of receipt of the recommendation in which to make written comment to the Vice-Chancellor before a final decision is made.
c) If the Vice-Chancellor's decision is to terminate your employment, you will have 10 working days written notice that your employment will be terminated. You will receive payment in lieu of notice for part or all of the notice period.
d) The University may terminate your employment without notice if you have been found to have engaged in conduct of a kind such as it would be unreasonable to require the University to continue your employment during a period of notice.

Probation, Tenure and Confirmation - Academic Staff

2.2.6 Period of Probation

Academic Staff (other than casuals) may be required to serve a period of probation. The period of probation will be no longer than;

Duration of contract of employment

Maximum probation

Fixed-term contract of more than six months

Six months

Continuing

Up to three years

The Deputy Vice-Chancellor (or delegate) may determine that no period or a reduced period of probation is required. This would normally be as a result of a recommendation from the relevant Executive Dean.

Performance Review during Probation

You will participate in at least two performance reviews during your probationary period. One review will be around midway and the second, six (6) months before the completion of your probation. Such reviews will be based on the relevant classification standards and your performance during the probationary period, in the following categories where relevant.

(a) Teaching (and related duties) - including evaluation by students and evidence of teaching expertise;
(b) Research, scholarship and/or creative activity;
(c) Administration and service to the University; and
(d) Professional activity including service to the community.

If you are an Academic at level A, B, or C you must address (a) and (b) and either (c) or (d). Levels D and E must address all categories.

2.2.7 Confirmation of Continuing Employment for Academic Staff (Tenure)

If you have been appointed to a continuing academic position, confirmation of your employment will occur if your supervisor recommends to the Executive Dean that you fulfil the position requirements.

Prior to a recommendation, your supervisor will consult with relevant academic peers who have worked with you during your probation period to seek written and/or oral comments about your performance.

a) Where you fulfil the position requirements the Executive Dean will either:

i. If you are an academic at Levels A - D, confirm that you be appointed on a continuing basis; or
ii. If you are an academic at Level E, make a recommendation to the Vice-Chancellor that your appointment be confirmed on a continuing basis.

b) If you are promoted during a period of probation in a continuing appointment you will have your probation confirmed from the date of effect of the promotion.

2.2.8 Continuing Employment Not Confirmed

a) Where your supervisor recommends to the Executive Dean that your continuing employment not be confirmed, and the Executive Dean supports that recommendation, the Executive Dean will make one of the following recommendations to the Deputy Vice-Chancellor (with all relevant supporting documentation):

i. that the probation period be extended once, by one (1) to two (2) years; or
ii. that your employment with the University be terminated with notice or payment in lieu for part or all of the notice period.

b) The Deputy Vice-Chancellor will consider the recommendation forwarded by the Executive Dean. The Deputy Vice-Chancellor may seek disciplinary expertise in your area, and may use a committee to provide advice and comparison on performance. Such a committee will not have a decision-making authority in this process.
c) Where an extension to probation is proposed, the Deputy Vice-Chancellor will advise you in writing of:

i. the reasons for the extension; and
ii. the period of the extension; and
iii. when the extension will take effect, including your right of appeal.

d) If no appeal is made within 10 working days from the date of receipt of the written advice the extension will take effect as advised.

2.2.9 Termination of Employment during Probation

a) Subject to clause 2.2.8, where it is recommended that your employment be terminated, the Deputy Vice-Chancellor will advise you in writing of:

i. the proposed recommendation, including reasons that will be made to the Vice-Chancellor; and
ii. your right of appeal.

b) If you do not lodge an appeal within 10 working days from date of receipt of the proposed recommendation, the Vice-Chancellor will inform you in writing that your employment will be terminated. You will be provided with notice as specified in your contract of employment or as set out in clause 6.2 (whichever is the greater).
c) The University may substitute payment in lieu of all or any part of any period of notice of termination.
d) Your employment may be terminated if you are unsuited to the position, either by reason of performance or conduct, or if the claims which you made in the selection process are found to be untrue or not substantiated by your performance in the position.
e) The University may terminate your employment without notice if you have been found to have engaged in conduct of a kind such as it would be unreasonable to require the University to continue your employment during a period of notice

2.2.10 Appeal

You may, within 10 working days of receiving the advice in 2.2.8 (c) or 2.2.9 (a), seek a review by a Review and Appeals Committee in accordance with clause 8.3. You must submit a written request outlining the reasons for the appeal and any relevant supporting documentation to the Deputy Vice-Chancellor.

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