University of Adelaide Enterprise Agreement 2010-2013

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8.3 Review and Appeals Committees

8.3.1 Where a Committee is established by the Deputy Vice-Chancellor for the purpose of an Appeal or a Review under this Agreement, the Committee will be comprised as follows:

The Review and Appeals Committee shall consist of three members:

(a) a chairperson agreed between the Deputy Vice-Chancellor and the relevant union.
(b) a person from within the University chosen by the Deputy Vice-Chancellor; and
(c) a person from within the University nominated by the relevant union.

Members of a Review and Appeals Committee must not represent the interests of either the University or the staff member.

8.3.2 The Committee members:

a) Will not have a personal or professional interest in the outcome; and
b) Will not have been involved in any way in the process.

8.3.3 The Committee will convene no later than 10 working days from the date of receipt of the request from the affected staff member, unless the Deputy Vice-Chancellor and the affected staff member mutually agree an alternate timeframe.

8.3.4 You have a right to be represented, if you so choose, at any stage during the process.

8.3.5 Committee Proceedings

The Review and Appeals Committees must:

a) act quickly, fairly, impartially, and confidentially;
b) only consider the case brought before it in the light of the grounds for review;
c) provide a reasonable opportunity for the University and staff member and if they so wish, their representatives, to:

i. make representations and answer any matters in person or in writing; and
ii. present to the committee and challenge evidence.

d) consider all the material relevant to the matter, including all material considered in any initial investigation, and any other material it thinks fit;
e) permit the University and staff member and if they so wish, their representatives, to be present at all hearings where evidence is taken or submissions are being made;
f) at the request of the staff member or the University, keep an audio recording of the proceedings, but not its deliberations, which will be made available on request to either party;
g) provide reasons to the Vice-Chancellor; and
h) provide a report in accordance with clause 8.3.7.

8.3.6 The Review and Appeals Committees will have the following terms of reference:

a) Professional Staff Classification Review

To review a determination made by the Human Resources Branch.

b) Involuntary Redundancy

i. To review whether the redundancy was genuine. A genuine redundancy is where the University no longer requires the position to continue because of changes in operational requirements.
ii. To review whether fair and objective criteria were used to select positions for redundancy;
iii. To review whether genuine and adequate consultation was entered into and adequate consideration was given to measures to avert or mitigate the adverse affects of the termination; and
iv. To review whether the University acted fairly, properly and in accordance with the principles of natural justice in making the decision to terminate, including whether the decision was in any way discriminatory.

c) Redeployment

To review whether a genuine attempt has been made to redeploy the staff member.

d) Misconduct/ Serious Misconduct

i. To review whether clause 8.2 was properly followed;
 
ii. To review whether there is sufficient evidence to support the finding of misconduct or serious misconduct; and
iii. To review whether the recommended disciplinary action is commensurate with the level of misconduct or serious misconduct.

e) Academic Promotion

To review whether there was non-compliance with the Policy/Procedures (as amended or replaced) and such non-compliance amounted to a serious defect in the assessment of merit.

f) Probation, Tenure and Confirmation

i. To review whether clause 2.2.6 was properly followed;
ii. To review whether there is sufficient evidence to support the decision; and
iii. To review whether the recommended action is commensurate with the level of performance.

g) Unsatisfactory Performance

i. To review whether clause 8.1 was properly followed;
ii. To review whether or not the performance is unsatisfactory; and
iii. To review whether the recommended disciplinary action is commensurate with the level of unsatisfactory performance.

h) Staff Grievances

The Review and Appeals Committee will review whether:

i. the Staff Complaints Policy (as amended or replaced) was properly followed;
ii. the proposed resolution satisfactorily resolves the grievance;
iii. there may be an alternative resolution;
iv. the matter should be addressed under the relevant University disciplinary processes or other University policy.

8.3.7 The Review and Appeals Committee's Report

a) The Review and Appeals Committee will provide a report of its findings to the Vice-Chancellor within five (5) working days of its final meeting.
b) The Review and Appeals Committee does not have any decision-making authority.

8.3.8 Actions by the Vice-Chancellor

a) Upon receipt of the Review and Appeals Committee's report, the Vice-Chancellor will:

i. Uphold or dismiss the recommendation of the Review and Appeals Committee; and/or
ii. Where appropriate, determine the process for reconsidering the matter, which is the subject of the review/appeal; and/or
iii. Take any appropriate disciplinary action in accordance with this agreement.

b) In taking an action in accordance with this clause, the Vice-Chancellor shall have due regard to the recommendations of the Review and Appeals Committee report and shall advise the aggrieved staff member and other relevant persons of the decision and the reasons for the decision and provide a copy of the Review and Appeals Committee report.

c) All actions of the Vice-Chancellor will be final, except that nothing in this clause will be construed as excluding the jurisdiction of any external court or tribunal.

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