Applies to: Operations and Security Staff
Approved by: Certified Agreement Provisons, 2000
Provisions for Unsatisfactory Work Performance / Conduct as set out in
the Swinburne University of Technology, Operations and Security Staff
Enterprise Bargaining Agreement 2000, are as follows:
14.
UNSATISFACTORY
WORK PERFORMANCE/CONDUCT
14.1 Principles
of the Provisions
14.1.1 The intention of these procedures is to have
a universal process for all employees of the University covered by
this agreement.
14.1.2 The process is based on the principles of:
* clarity
* fairness
* openness
* right of appeal
and is meant to be clearly understood by staff and management alike.
14.2 Conditions
leading to action pursuant to this clause:
14.2.1 Inefficiency
or negligence in the performance of the specified duties of the
position held; or
14.2.2 Misbehaviour
or misconduct, which includes the commission of acts which constitute
an impediment to the carrying out of the staff member's work or that
of the staff member's colleagues or which is detrimental to students,
or the failure to comply with a reasonable instruction from a person
in line control of the employee; or
14.2.3 Action which is prejudicial to the health or
safety of other staff or students; or
14.2.4 Breach of University policies or regulations,
or breach of published University procedures.
14.3 Procedures
14.3.1 First Stage
14.3.1(i) Where the work performance or conduct of an employee
is deemed unsatisfactory, the management representative responsible
for the work unit shall notify the employee of the concerns or
problems being experienced. A meeting will be convened between
the employee concerned and the appropriate management
representative. Prior to the meeting being conducted, the
employee concerned will be informed that they have the right to have
a Union Representative present.
14.3.1(ii) The concerns or problems will be discussed,
with management outlining all details including the production of any
evidence that has lead to this action.
14.3.1(iii) The employee and management will discuss and develop
appropriate solutions to the problems, and realistic timeframes will
be agreed upon so that anticipated improvements can be
demonstrated. This may involve training, counselling and
regular monitoring of the matter. Management will give all
reasonable assistance to the employee to enable improvements to their
work performance and or workplace conduct to an acceptable level.
14.3.1(iv) A written record of the agreed action/measures
will be kept and placed on the employees personal file.
14.3.2 Second Stage
14.3.2(i) If the problem continues the
matter will be discussed with the employee and a first written
warning will be given and recorded on the employee's personal
file. Prior to any discussions taking place, the employee will
be informed that they have the right to have a Union representative
present.
14.3.2(ii) The employee and management representative will
again discuss measures for improvement and such actions/measures will
need to be met within one month from the date of the first warning
being issued.
14.3.2(iii) This step can only be invoked in the event that it
is clearly demonstrated that agreed actions/measures as defined in
subclause 14.3.1 has not been achieved in the agreed time frames.
14.3.3 Final
Stage
14.3.3(i) In the event the problem
continues, and agreed actions/measures are not demonstrated and
sustained, the employee will be issued with a second and final
written warning. A copy of this warning will be forwarded to
the relevant Union.
14.3.3(ii) The employee will be given a final
chance to achieve the agreed actions/measures, and will be required
to do so within two weeks from the date of the second and final
written warning being issued.
14.3.4 In the event
the matter remains unresolved or recurs, the employee may be
transferred to a different position, demoted or terminated. Prior to
any decision being made, the Head of Management Unit will fully
consult and brief the Vice-Chancellor of all necessary details. The
Vice-Chancellor and Head of Management Unit must agree on the course
decision to be taken. Prior to the employee being informed of
Management's decisions, the employee will be informed that they have
the right to have a Union representative present, at any subsequent
meeting.
14.3.5 In the
event the Vice-Chancellor does not approve a course of action as
described in subclause 14.3.4, the Vice-Chancellor shall, based on
the facts of the matter, authorise action as described in (i), (ii)
or (iii) below:
14.3.5(i) terminate proceedings
and all action that has taken place in regard to an employee pursuant
to this clause. The employee concerned will be notified in
writing of the Vice-Chancellor's decision, and all written material
on the employee's personal file will be removed, or
14.3.5(ii) give the employee a further 4
weeks to achieve the agreed actions/measures as described in
subclause 14.3.1 of this clause. The employee will be notified
in writing of the Vice-Chancellor's decision. Further, the
written notification will fully outline the University's expectations
over the ensuing 4 week period, and that in the event the
actions/measures are not achieved, the employee concerned will be
terminated at the expiration of the 4 week period.
14.3.5(iii) authorise the transfer to another position, or
demotion of the employee. The employee will receive written
advice to this effect and advised of the date the transfer or
demotion will have effect. A copy of this notice will be
forwarded to the relevant Union.
14.3.6 In the event the agreed
action/measures as described in subclause 14.3.5 (ii) are not
achieved within the stated timeframe, the employee will be
terminated. The Vice-Chancellor will be fully briefed on the
relevant Head of Management Unit’s decision, prior to the termination
of the employee taking effect. The employee will be notified in
writing of the University's decision and a copy will be forwarded to
the relevant Union.
14.3.7 If a dispute should arise
in regard to any part of this process or the employee feels aggrieved
by the outcome of the process, the Disputes Avoidance Procedures as
outlined in clause 11 of this agreement may be invoked by either
party. This involves the matter being heard by a Disputes Committee,
with University and Union representatives.
The employee may, if not content with the outcome of the Disputes
Committee, refer the matter to the Industrial Relations Commission in
accordance with Clause 11.4.3 of this agreement.
14.3.8 If after any warning, a
period of 6 months elapses without any further warnings or action
being required, all written notes and warnings relating to the
employee concerned must be removed from the employee's personal file.
14.3.9 Nothing
in this procedure prevents the University from summarily dismissing
any employee covered by this agreement for gross misconduct, gross
neglect of duty or any behaviour that would warrant summary
dismissal.
14.3.10 All new employees covered by this
agreement shall be handed a copy of this clause on commencement of
employment.
The process outlined
in this clause does not remove the right of any terminated employee
to seek advice or assistance from external agencies, courts or
tribunals.
