Briefing Session

1
Briefing Session

• Managing Unsatisfactory Performance
• Senior Staff
• Bill Ryan, QUT
• Jane Bourke CH Business Solutions

CH Business Solutions
JB
2
Agenda

• Introduction
• Background to Unsatisfactory Performance policy
• Principles
• Linkages with other policies
• Using the policy - the practicalities
• The process
• Key issues in using the policy discussion
• Performance pay arrangements any issues /
  clarification?

3
Managing unsatisfactory performance of Senior
Staff

• Will the policy be used?
• One of the hardest issues in managing
• The peer issue
• Out of practice
• Line of least resistance

4
Managing unsatisfactory performance Senior Staff

• Factors impacting on effective use of procedures
• Use it to solve problems
• Get in early dont let it become a problem
• Know the procedures, and explain the procedures -
  so people know what to expect next
• Keep good records throughout the process
• Minimise rumours/maintain confidentiality

5
Managing Unsatisfactory Performance

• Originated in CASS
• Applies to senior staff members levels SSG1
  SSG7, except those on probation or casual
• To be used where a senior staff members
  performance becomes unsatisfactory

BR
6
Managing Unsatisfactory Performance

• Purpose of the policy is to
• Assist the supervisor in providing opportunities
  for senior staff, to regain and maintain a
  satisfactory level of performance
• If necessary, implement disciplinary action,
  including dismissal or non-renewal of contract.

7
Principles

• Senior staff
• Perform their work at satisfactory (at least)
  level
• Know clearly the expectations of their
  performance
• Receive feedback and advice regarding their
  performance, and
• Make reasonable efforts to improve any
  unsatisfactory performance
• Supervisors
• Make their expectations of senior staff explicit
• Provide advice and support to enhance the senior
  staff members performance, and
• Make reasonable adjustments to accommodate
  individual circumstances

8
Principles continued

• Where rights and responsibilities observed, it is
  reasonable for the University to take
  disciplinary action, including termination of
  employment
• Fair procedures and observe natural justice
• Inherent linkage to PPR-SS
• Timeliness
• Procedures should be conducted expeditiously, but
  allow sufficient time for improvement in senior
  staff performance, assisted by supervisor
• Document the process throughout

9
Related policies

• Performance Planning Review Senior Staff
• Contract Renewal
• Termination of employment on medical grounds
• Probation
• Misconduct / Serious Misconduct

10
Related policies

• Performance Planning and Review Senior Staff
• Provides clarification of supervisors
  expectations
• The mechanism which assists to trigger concerns
  re unsatisfactory performance at any time.
• Relevant documentation from PPR-SS available to
  USP
• As well, if, at conclusion of PPR-SS cycle (Jan /
  Feb), performance is judged to be unsatisfactory,
  Unsatisfactory Performance procedures to be
  entered.

11
Related policies continuedContract Renewal
Supervisor makes recommendation to Authorising
Officer on renewal / non renewal
Renewal / non renewal decision will have regard
to University needs the staff members
performance as demonstrated in the PPR-SS
12
Contract Renewal contd

• Should any unsatisfactory performance procedures
  be in train at a date 6 months prior to contract
  expiry date, those procedures will cease and the
  contract renewal process will proceed.
• That is, unsatisfactory performance as a reason
  for non-renewal must be broached more than 6
  months prior to contract renewal date

13
Termination of employment on Medical Grounds
(CASS Cl. 20)

• Process outlined in CASS
• VC may require any person whose capacity to
  perform his / her duties is in doubt, to undergo
  a medical examination.

14
Probation (CASS Clause 17)

• Only applies in case of ongoing employment
• Probation period is usually 12 months
• Termination or confirmation of appointment may
  occur
• At any time during probationary period
• At the final review
• Final decision on probation review will be made
  by VC

15
Misconduct / serious misconduct

• Conduct relates to behaviour and attitude,
  performance is about capacity
• Misconduct means conduct that is unsatisfactory
  but which is not so serious as to justify the
  termination of the staff member
• Serious misconduct is misconduct of a serious and
  willful nature, and is usually conduct of a type
  that would make it unreasonable to continue
  employment of the staff member concerned
• A Working Party has recently been formed to
  develop a draft policy

16
The Unsatisfactory Performance Process

• Three phases
• Identification of unsatisfactory performance and
  counseling
• Intensive counseling and formal review
• Decision on unsatisfactory performance
  disciplinary action

JB
17
Forming a view about unsatisfactory performance
Ongoing performance monitoring discussions
using PPR-SS
18
Forming a view

• What are the factors in determining
  unsatisfactory vs. satisfactory?
• Consistency
• Ease of fixing it by the person
• Clarity of expectations/definable
• Extent of the poor performance
• Changing circumstances
• Consequences of inaction/significance
• Evidence is available

19
Phase 1
Performance improvement period
20
Discussion points from Phase 1

• Broaching the subject
• Managing the rumours
• Evidence for your opinion
• Dispute resolution
• Record keeping
• What justifies a move to phase 2?

21
The golden rules of record keeping

• Ensure relevance
• Rely on facts and examples
• Be objective and balanced
• Observe natural justice
• Avoid gratuitous remarks

22
Phase 2
23
Phase 2 continued
Supervisor reviews performance at set date and is
satisfied that the required improvements have
been made
Period established for improvement elapses
Record made of supervisor action
24
Discussion points in Phase 2

• Being specific about areas of underperformance
• Setting a timeframe for improvement
• Deciding what constitutes performance improvement
  
• Judging performance improvement
• What justifies a move to Phase 3?

25
Phase 3
26
Unsatisfactory performance committee

• Comprises
• A chairperson who shall be external to the
  University, appointed by the VC
• A staff member from within the University chosen
  by the senior staff member
• A staff member chosen by the VC

27
Phase 3 continued
Unsatisfactory Performance Committee
28
Disciplinary Action

• Action by the University including
• Formal censure or counseling
• Confirm Supervisors withholding of salary
  movement / pay bonus
• Demotion
• Suspension with or without pay
• Reallocation of duties
• Termination of employment

29
Phase 3 continued
Didnt choose to go to Unsatisfactory Performance
Committee
30
Key issues in phase 3

• What is the individuals recourse following
  disciplinary action?
• Civil action (breach of contract)
• Human Rights Commission (dismissal on prohibited
  ground)
• Access to AIRC is limited for senior salaried
  positions

31
Performance pay arrangements

• Policy issues
• Establishing performance agreements
• Setting indicators / targets
• ..
• ..
• ..

32
Thank-you