Managing Underperformance Clause Samples
Managing Underperformance. 89.1 This clause only applies to ongoing employees who are no longer on probation.
89.2 Where a decision under subclause 88.4 has been made, a recommendation in writing will be made to the delegate.
89.3 A formal assessment of performance will not occur:
a) if the employee has not been given an opportunity to comment on the recommendation; or
b) if other action such as potential action for misconduct or action in respect of health matters or where the services of an employee may no longer be able to be effectively used because of technological or work practice changes in the ATO is more appropriate in the circumstances.
89.4 With respect to a formal assessment:
a) the employee will be provided a notice setting out the commencement of the process, the performance issues, the standard expected, and the possible consequences of failing to meet the standard expected;
b) the period of assessment will be determined by the delegate, and can be extended by the delegate in appropriate circumstances (eg personal leave);
c) the period of assessment will generally be eight weeks, unless a more appropriate period is determined by the delegate;
d) the employee will be provided with reasons where the assessment period is less than eight weeks;
e) performance will be holistically assessed throughout the process; and
f) employment may be terminated at any time at the request of the employee.
89.5 At the end of the formal assessment period, if performance has improved to the standard expected, no further action will be taken. If performance has not improved, the delegate can decide that the employee:
a) be assigned other duties; and/or
b) be reduced in salary and/or classification; or
c) have their employment terminated.
89.6 The employee will be given seven days to show cause why the action should not occur.
89.7 An employee who is reduced in salary or classification without consent may request a review of the decision. Further information is available in the ATO Procedures for Review of Employment Action. The ATO will stay the decision made under subclause 89.7 pending the outcome of the primary review:
a) where the request is lodged by the employee within ten working days of being given notice of the reduction, and
b) a statement in support of the request for review is lodged within a further 14 working days The ATO will further stay the decision until the outcome of a secondary review by the Merit Protection Commissioner, if sought by the employee within ten working day...
Managing Underperformance. 32.1 Managing Underperformance procedures do not apply to an employee during a probationary period or to a temporary employee who has not been employed by IBA for more than 12 months. Further details on managing underperformance can be found in the IBA Managing Underperformance procedures.
32.2 The Managing Underperformance procedures will be applied where an employee is not performing at the standard expected of their level. This includes employees who are, or are likely to be, assessed under the performance management system as RD (where the rating is also due to declining performance) or FM.
32.3 Nothing in the Managing Underperformance procedures limits the power of the Chief Executive Officer under ▇▇▇▇▇▇ 5 to transfer the employee to another position.
Managing Underperformance. 49.1 Managers will address underperformance with an employee as soon as practicable where they consider the employee’s performance has not been satisfactory.
49.2 An employee will be provided a minimum of four weeks, prior to the end of cycle assessment, to improve their performance.
49.3 Where an employee’s performance continues to be unsatisfactory, relevant procedures to manage the underperformance may apply.
49.4 Employees will receive regular and specific feedback on the employee’s performance and will be provided with appropriate support from the employee’s Manager in meeting expected performance standards.
Managing Underperformance. 63.1 principles. The Manager will: (a) rating based on the following Achieving level;
Managing Underperformance. 20.1. The provisions of this clause apply to all permanent employees who are not serving a period of probation and specified term employees with greater than 12 months continuous service.
20.2. The managing underperformance process will not apply where the cause of an employee’s under-performance is due to personal illness or injury except in the circumstance of unauthorised and/or excessive absenteeism.
20.3. Where an employee’s performance has fallen below the level required of that employee, the employee’s performance will be managed. Further information is available in the Performance and Development Procedures.
20.4. Informal discussion and counselling - before any formal action is taken, the manager will consider appropriate plans and/or action to overcome identified problems.
20.5. Despite clause 20.4, if in the opinion of the manager the performance problem to be addressed is of a serious nature, the manager may initiate a formal counselling process in the first instance.
20.6. Formal counselling is appropriate where informal discussions and counselling with the employee have not resolved the under-performance or the issues are of a serious nature. The employee may request the support of an employee representative or support person as required.
20.7. Final assessment and recommendation – at the end of the assessment period, the manager will advise the Delegate whether the employee has reached a satisfactory standard of work. Where the employee is assessed as performing unsatisfactorily during the assessment period, the Delegate may:
20.7.1. reduce the employee by 1 or more increments;
20.7.2. reduce the employee’s classification level;
20.7.3. reassign the duties of the employee; or
20.7.4. terminate the employment of the employee.
20.8. Where the Delegate is considering any of the options specified in clause 20.7 the employee will be provided with an opportunity to respond to these proposed actions. The Delegate, having considered any response made by the employee, may take the action already indicated, take alternate action based on another option provided in clause 20.7 or determine that no further action as identified under clause 20.7 is required.
Managing Underperformance. The management of underperformance applies to an employee whose work performance is rated as “needs support” or “unsatisfactory” in that the employee’s performance has failed to meet several responsibilities in their performance agreement, including priority and day-to-day responsibilities. The Commission’s Performance Feedback Scheme policy contains the detailed process for managing underperformance. The process may be invoked where: an employee’s performance is below the expected standard; the performance issues are ongoing; and informal resolution has been attempted. The process for managing underperformance does not apply: to employees on probation; where action is being taken in accordance with procedures established in accordance with section 15 of the Public Service Act for handling breaches of the Code of Conduct; where there is a health-related reason for the underperformance; or where an essential qualification has been lost. WORKFORCE ADJUSTMENT MOVEMENT TO ANOTHER APS AGENCY An employee, other than an employee engaged for a specified term or for the duration of a specified task, will, where practicable, give a minimum of four weeks’ notice of their intention to move to another APS agency, except where a lesser period is agreed with their manager. SEPARATION FROM THE APS An employee will, where practicable, give a minimum of four weeks’ notice of their intention to resign or retire. The relevant delegate may agree to a lesser period of notice. EXCESS EMPLOYEES
Managing Underperformance. 23.7.1 Discussions about work performance may be held at any time as part of the ongoing tracking and feedback process. Where a problem with an employee’s performance is identified and the manager determines that formal processes need to be applied, the manager will:
a. advise the employee in writing that an underperformance issue/s needs to be addressed;
b. inform the employee in writing of the performance standards they are expected to achieve and the area/s of performance they need to improve. These standards will be set fairly and be consistent with the Work Level Standards;
c. provide an opportunity for the employee to respond so that all relevant matters can be considered, including any possible changes to the performance standards expected and any requests by the employee for training, coaching, re-arrangement of duties or changes to the work environment;
d. set a reasonable period over which the employee’s performance will be monitored and a date for review having regard to (c) above; and
e. advise the employee of the likely consequences if the employee does not meet the required standard, including that the ABC may take action under subclause 23.9.3.
Managing Underperformance. 46.1 Where the employee does not achieve the required standard of performance during the performance improvement process, a managing underperformance process, involving an independent assessment, will be implemented to assess the employee's work performance.
46.2 The ABS will appoint a person to conduct the independent assessment. In addition, the ABS will seek to establish a work plan, consistent with the principles outlined in clause 44.1, with the employee for the purposes of the assessment.
46.3 At the end of the managing underperformance process, if the employee has attained and sustained the required standard of performance, this process will be deemed complete.
46.4 If the required performance standard has not been achieved within a reasonably defined timeframe, the Australian Statistician will advise the employee of the findings and any actions proposed consistent with the Public Service Act 1999, that is:
a. reassignment of duties; or
b. reduction in salary or classification; or
c. termination of employment.
Managing Underperformance. 16.1. The Department is committed to clearly defining work performance standards through the PDF. Employees are to receive regular and specific feedback on their performance and are to be provided with appropriate support from managers in meeting expected performance standards.
16.2. The guidelines for management of underperformance will not apply to: o employees during a period of probation; o non-ongoing employees; or o employees being case managed due to identified medical condition/injury or loss of essential qualifications.
16.3. Where underperformance is identified, the Department will work with affected employees and their managers to attain and sustain the standards required. The following steps should be taken to address the underperformance: o The underperformance should be promptly discussed with the employee and an improvement plan developed. Identified strategies should be clearly defined and an agreed timeframe for improvement be specified. This timeframe should be no less than four weeks. o Where there is no improvement the manager will provide the employee, and more senior manager, with written advice of the need for the employee’s performance to improve. During a six week assessment period, the manager will assess the employee’s performance and prepare a progress report, at a minimum, on a weekly basis.
16.4. In line with natural justice principles the employee must be given the opportunity to comment on all reports produced through the underperformance process.
16.5. If the employee’s performance remains unsatisfactory possible actions include reduction in classification, reassignment of duties or termination of employment.
16.6. If the employee has met the expected standard of performance at the end of the six week assessment period, no further action will be taken.
Managing Underperformance. It is recognised that underperformance issues sometimes arise in the Bureau with informal feedback being the initial channel for discussing the issue. Where individual cases of unsatisfactory performance are identified, and where the employee is ongoing and is no longer on probation, the emphasis of any management intervention will be to: