University of Adelaide Enterprise Agreement 2010-2013

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8.1 Unsatisfactory Performance

a) A supervisor must take reasonable steps to resolve instances of unsatisfactory performance by one or more of the following: guidance, counselling and appropriate staff development, or appropriate work allocation.
b) If performance improves to a satisfactory level at any stage as detailed in 8.1.1, 8.1.2 and 8.1.3, and is maintained for a period of six (6) months then the matter will be considered closed.
c) You have a right to be represented, if you so choose, at any stage during the process.

8.1.1 First Counselling Session

a) Where a supervisor is able to demonstrate that your performance is unsatisfactory, they shall first have a discussion with you to provide details of such concerns, the required improvements and the appropriate timeline for addressing the issues. This counselling session must be documented as a record of what was discussed and a copy given to you.
b) If at this stage or any subsequent stage of the process for dealing with unsatisfactory performance you do not acknowledge that there is a performance problem or you are not willing to provide a commitment to improve your performance, your supervisor is not obliged to follow 8.1.2 and 8.1.3 and may make a formal report in accordance with clause 8.1.4.

8.1.2 Second Counselling Session

a) If your performance continues to be unsatisfactory following the first counselling session, your supervisor will counsel you on the improvement required and set a first formal period of review within which reasonable improvement will be expected.
b) A record of the counsel will be documented and a copy given to you including a proposed Performance Improvement Plan (PIP), which may provide for training and development and/or mentoring to assist you in improving your performance. The PIP will include the establishment of specific objectives. You will have 10 working days from the date of receipt of the counsel to respond to the supervisor and raise any mitigating circumstances.
c) On receipt of the response the supervisor will meet with you to discuss the response and review and finalise the PIP, which must in its final form contain reasonable and achievable goals. The record of the counsel, your response (if any) and the final improvement plan will be placed on official record.

8.1.3 Third Counselling Session

a) If there is no improvement after the review period, established in accordance with clause 8.1.2, your supervisor will meet with you to discuss the performance issues.
b) If the supervisor believes that you are unlikely to meet the performance standards they may discuss alternative strategies. These may include, but are not limited to, transferring or redeploying you to a position at the same or lower classification level. Any strategy must be mutually agreed.
c) If you do not agree with the alternative strategies, your supervisor will counsel you on the improvement required and set a second formal review period within which an improvement will be expected against reasonable targets and measures. Normally, the second period of review will be of similar duration as that set out in clause 8.1.2. Regular feedback on performance should occur during this period.
d) A record of the counsel will be documented and a copy given to you. You will have 10 working days from the date of receipt of the counsel to respond to your supervisor and raise any mitigating circumstances. The record of counsel and your response (if any) will be placed on official record.

8.1.4 Recommendation to the Deputy Vice-Chancellor/Vice-President

a) Where your supervisor believes that counselling has not produced the desired improvement in performance, your supervisor will provide a written report through the Executive Manager to the Deputy Vice-Chancellor/Vice-President that your performance is unsatisfactory. Such a report will state clearly the aspects of your performance established as unsatisfactory, the attempts to remedy the problem, any mitigating circumstances, and the recommended disciplinary action (as defined) and provide any supporting material.
b) Your supervisor will provide you with a copy of the report and supporting material at the time it is submitted. You are entitled to 10 working days from the date of receipt of the report to respond in writing to the Deputy Vice-Chancellor/Vice-President.

8.1.5 Disciplinary Action

a) Upon receipt of your supervisor's report and any written response from you, the Deputy Vice-Chancellor/Vice-President must be satisfied of the following:

i. Appropriate steps have been taken to bring the unsatisfactory nature of performance to your attention;
ii. An adequate opportunity to respond was given;
iii. Any response was taken into account; and
iv. A reasonable opportunity was afforded to remedy the performance problem.

b) The Deputy Vice-Chancellor/Vice-President will then advise you in writing of what action they will be taking. It may mean one of the following, but is not limited to:

i. Take no further action and advise you in writing;
ii. Refer the matter back to your supervisor to ensure that clauses 8.1.2 and 8.1.3 are complied with in substance and in a manner appropriate to the circumstances; or
iii. Take disciplinary action as provided for in this Agreement.

c) For all disciplinary action other than termination of employment, the Deputy Vice-Chancellor/Vice-President will advise you in writing of their determination. If you do not lodge an appeal within 10 working days from the date of receipt of the written advice, the disciplinary action will take effect as advised.

Termination of Employment

d) For termination of employment, the Deputy Vice-Chancellor/Vice-President will advise you in writing of their recommendation to the Vice-Chancellor. If you do not lodge an appeal within 10 working days from the date of receipt of the written notice, the Vice-Chancellor will write to you advising you that your employment with the University will be terminated.
e) Further to clause 8.1.5 (d) you will be given written notice by the Vice-Chancellor, as specified in your contract of employment or as set out in clause 6.2 (whichever is the greater), that your employment will be terminated or you will receive payment in lieu of notice for part or all of the notice period.

 
8.1.6 Appeal

a) You may, within 10 working days from the date of receipt of the advice in clause 8.1.5 (c) or clause 8.1.5 (d), 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/Vice-President.

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