ACU - Heads of School Forum

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• ACU - Heads of School Forum
• Empowering the Head of School in Staff Management

Pauline Croxon Manager, Employment Relations
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Empowering the Head of School in Staff Management

• This session will cover
• The sources of your authority as a supervisor
• The 3 major issues raised by Heads of School in
  managing staff
• Advice about the relevant policies and
  procedures, and information about support for
  Heads of Schools

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Empowering the Head of School in Staff Management

• The major issues raised by Heads of School in
  managing staff are
• Problems with Attendance
• Dealing with Poor Performance
• Dealing with Difficult/Inappropriate Behaviour

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Empowering the Head of School in Staff Management

• Lets start at the very beginning,
• Q/ Where do you as a Head of School derive your
  authority to manage staff?
• A/ There are three legal sources of your
  authority
• The Common Law
• Industrial Law, and
• The law of contract

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Empowering the Head of School in Staff Management

• Under common law, a staff member must obey a
  lawful and reasonable instruction of a supervisor
  who acts on behalf of the University as an
  employer.
• Further, every staff member has a fiduciary duty
  to act in the best interests of her or his
  employer

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Empowering the Head of School in Staff Management

• Under industrial law, the Industrial Awards and
  the ACU Staff Enterprise Agreement provide you
  with authorities and responsibilities as a staff
  members supervisor.
• The Award and the Enterprise Agreement both
  require that the duties and reporting
  relationships to apply must be specified.

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Empowering the Head of School in Staff Management

• In their contract of employment, a staff member
  is advised of his or her supervisor and this is
  usually by position (eg. Your supervisor is the
  Head of the School of X).
• Staff members are required to sign their contract
  of employment which states I will abide by
  Australian Catholic Universitys policies and
  procedures and support its Mission.

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Empowering the Head of School in Staff Management

• There is also an additional source of your
  authority as a supervisor, namely the Register of
  Staffing Delegations which are approved by the
  Universitys Senate.
• Details of the Roles and Responsibilities of
  Heads of Schools to manage staff are stated in
  the Academic Higher Duties Allowance Policy

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Empowering the Head of School in Staff Management

• Nominated Supervisors are responsible for
  monitoring the performance and behaviour of staff
  in their area of responsibility
• A Head of Schools responsibilities include
• supervision of academic staff and general
  staff assigned to the School in accordance with
  University policy and procedures

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• The Relevant Academic Staff Policies are
• the Availability of Academic Staff Policy and
• the Academic Workloads Policy
• which both derive from the Enterprise Agreement.

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• The Enterprise Agreement expects that academic
  staff
• will be available for scheduled School,
  Faculty and University meetings, and for
  interaction and consultation with students and
  colleagues on a reasonable basis during the
  course of the daytime hours of University
  operation and/or other times in the case of other
  teaching patterns

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• The details of such availability shall be
  made publicly available to students, colleagues
  and the relevant Head of School. The manner in
  which these details will be published and
  recorded is to be determined by the Head

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• The Agreement also gives Heads of Schools
  specific responsibility for the allocation of
  academic workloads, which must be allocated
  fairly and equitably following consultation in
  accordance with the Workloads Policy

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• The policies covering the attendance of General
  Staff HEW Levels 1 7 are
• Flexible Working Arrangements Policy which
  requires general staff to record their working
  hours, and
• The Overtime Policy, in which general staff can
  be directed to work reasonable overtime as
  required (for which they must receive payment or
  time in lieu at the loaded rates)
• These policies derive from the Enterprise
  Agreement and general staff are also required to
  record their hours under the Fair Work Act
  Regulations.

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• So what can you do if a staff members
  attendance is poor (or non-existent)?
• If the staff member has not been seen at all and
  she/he has not put in a leave form, advise HR who
  will try and make contact.
• If phone contact is not made, HR will contact the
  next of kin and/or HR will write formally to
  request that contact be made.
• A final option is to activate the Abandonment of
  Employment Policy

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Staff Management Attendance Issues
Empowering the Head of School in Staff Management

• If attendance is irregular or problematic, talk
  to the staff member to try and find out why
  (particularly if this problem is new)
• If there are personal issues, options may include
  a temporary reduction in fraction, a
  pre-retirement contract or other changes in
  working arrangements
• If no reasons are given, advise that poor
  attendance is a performance issue which can lead
  to disciplinary action. A formal warning may be
  required.

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• Heads of Schools have the specific responsibility
  to manage the performance of their staff
• HoS monitor the performance of academic and
  general staff assigned to the School and provide
  assistance to those staff whose performance is
  assessed as requiring improvement following
  performance reviews undertaken in accordance with
  the Academic Performance Planning and Review
  Program or the General Staff Performance
  Development Program

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• HoSs responsibilities include
• - allocate teaching and other duties and (the)
  provision of staff and other resources so as to
  match skills and strengths of people in the
  School with the tasks to be accomplished
• - encourage and monitor staff development in
  terms of qualifications, teaching skills,
  professional development and research

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• Detailed provisions for managing performance are
  found in Section 5 of the Enterprise Agreement
  and the associated Guidelines for Managing
  Performance
• It is important that Supervisors keep records of
  discussions with staff about performance issues
• If a formal performance review is commenced,
  staff need to be advised that unsatisfactory
  performance can lead to the termination of their
  employment

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• What can you do if a staff member does not
  accept that she or he has a performance problem?
• 1. Talk with the staff member, explain the
  problems and ask if there any personal issues
  impacting on her or his performance?
• 2. If there has been an increase of sick leave,
  talk to HR about arranging a medical and/or
  psychiatric assessment
• 3. Arrange for a vocational assessment

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• Dealing with Medical/Psychiatric Issues
• The relevant policies are the Personal Leave
  Policy and the Separation from ACU on Medical
  Grounds Policy
• The University can require an assessment where
  there are reasonable grounds for concern about
  a staff members health and wellbeing
• Heads of Schools are often alerted to these
  issues by comments/complaints from staff and
  students

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• It is an OHS and a Code of Conduct requirement
  that every staff member must take reasonable care
  for the health and safety of themselves and of
  other persons at their place of work (including
  students and visitors) who may be affected by
  their acts or omissions at work.
• The University can request to talk with a staff
  members doctor, and/or require a staff member to
  undertake a medical and/or psychological or
  psychiatric assessment to ascertain if she or he
  can perform the inherent requirements of the role.

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Staff Management Performance Issues
Empowering the Head of School in Staff Management

• A recent case involved an academic staff member
  who denied that he had any serious health issues
  that affected his performance.
• There were no attendance issues and the sick
  leave record did not disclose details.
• The University followed the Separation on the
  Grounds of Ill Health Policy procedures and
  required him to undergo several medical and
  psychological assessments. These disclosed
  serious health issues which have lead to a
  medical separation. (HoS)

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Staff Management Behavioural Issues
Empowering the Head of School in Staff Management

• The Code of Conduct is the relevant Policy as it
  applies to all staff of the University.
• Staff are advised during their induction that
  failure to comply with the Code will be viewed
  seriously and may result in disciplinary action,
  including dismissal.
• As the Code is a contractual term, a breach of
  the Code may also be a breach of the contract of
  employment which is itself also grounds for
  disciplinary action.

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Staff Management Behavioural Issues
Empowering the Head of School in Staff Management

• The Code of Conduct requires that
• Staff must practice tolerance in all regards and,
  in particular, in relation to the beliefs and
  cultural values of students, other staff and
  members of the public.
• Staff must not engage in offensive behaviour,
  actions and/or comments.
• Staff must demonstrate respect for their
  supervisor and for their colleagues.

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Staff Management Behavioural Issues
Empowering the Head of School in Staff Management

• What can you do if you receive complaints from
  staff and/or students about a staff members
  behaviour or you witness or are subjected to such
  behaviour?
• A/ If the complaints are very serious, advise the
  staff or students of their right to lodge a
  formal grievance.

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Staff Management Behavioural Issues
Empowering the Head of School in Staff Management

• The relevant policy is the Misconduct and Serious
  Misconduct Policy and associated EA clause.
• The University may instigate a preliminary
  investigation or undertake an enquiry where a
  staff members actions or behaviour may have
  breached University Policy and could give rise to
  disciplinary action for misconduct or serious
  misconduct.
• The University may use external professional
  investigators to investigate complaints

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Staff Management Behavioural Issues
Empowering the Head of School in Staff Management

• If the staff or students dont want to lodge a
  formal grievance, you should still raise the
  issues with the staff member as part of a
  preliminary enquiry
• List the issues and complaints you have received,
  script a potential conversation and arrange to
  meet with the staff member (who can have a
  support person present as can you)
• Make sure there is a record of the discussion and
  that you are clear about the improvement expected
  (HoS) and support to be provided if appropriate

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Empowering the Head of School in Staff Management

• What support is available to help you manage your
  staff?
• Advice from HR regarding the appropriate policies
  and procedures to be followed
• Help with drafting letters/emails
• Advice from ER regarding options and a risk
  assessment backed up with legal advice if needed
• Assistance with developing a script and role
  plays for having the difficult conversations,
  and
• EAP - Manager Support from ACCESS

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Empowering the Head of School in Staff Management

• Remember it is your role and responsibility to
  monitor the performance and behaviour of the
  staff that you supervise
• You have the legal authority to do so under
  common law, industrial law and contract law
• The Universitys HR policies and procedures will
  give you the framework to deal with attendance,
  performance and behavioural problems and empower
  you to manage your staff
• HR and our Manager Assist EAP are here to support
  you

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Empowering the Head of School in Staff Management

• Thank you