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 days of being notified of the outcome of the primary review.
Appears in 1 contract
Sources: Enterprise Agreement
Managing Underperformance. 89.1 This clause only applies 39.1 The procedures outlined in this Section do not apply to ongoing employees an employee during a probationary period or to a temporary employee 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 employed by IBA for more than 12 months.
39.2 The following procedures will be applied where an opportunity employee is not performing at the standard expected of his level. This includes employees who are, or are likely to comment be, assessed under the performance management system as PD (performance has declined) or FM (persistent failure to meet expectations).
39.3 The steps to be taken in managing an employee’s performance are:
(a) informal efforts to improve the employee’s performance including feedback on the recommendation; orareas of performance that require improvement and action on appropriate development activities;
(b) if other action such as potential action for misconduct or action in respect formal performance counselling and development of health matters or where a performance improvement plan which specifies:
(i) areas of performance that require improvement;
(ii) the services performance standards that must be attained;
(iii) appropriate development activities; and
(iv) the length of an employee may no longer assessment period in which the employee’s work will be able assessed in relation to the required performance standards;
(c) preparation of a report comparing the employee’s performance with the required performance standards, including a recommendation on action to be effectively used because of technological or work practice changes in the ATO is more appropriate in the circumstancestaken.
89.4 With respect to a formal assessment:
a) the employee will be provided a notice setting out the commencement 39.4 The length 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) to be included in the performance improvement plan will be holistically assessed throughout by agreement between the employee and his supervisor, with a default period of eight weeks where they are unable to agree.
39.5 Where an employee is subject to an underperformance process; and
f) employment , he is entitled to be accompanied to any meetings associated with the underperformance process by a support person who may be terminated at any time at assist the request employee including by providing encouragement, support or advice. The assistance provided by the support person may include representation or advocacy on behalf of the employee.
89.5 At 39.6 Following the end completion of an underperformance process and consideration 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 days of being notified report of the outcome of that process and any relevant recommendations, the primary reviewChief Executive Officer may:
(a) take no further action as the employee has met the required standards; or
(b) require a further assessment period; or
(c) reduce the employee’s classification level; or
(d) transfer the employee to another position at the same level; or
(e) terminate the employee’s employment.
39.7 Where the Chief Executive Officer takes one or more or the actions set out in Clause 39.6, or decides not to take any further action, and the employee’s performance again falls below the required standards during the next 12 months, the default assessment period where the employee and supervisor are unable to agree on the period shall be four weeks.
39.8 Nothing in this Section limits the power of the Chief Executive Officer to transfer the employee to another position at the same classification level at any time, provided that the employee is given five (5) working days notice.
Appears in 1 contract
Sources: Enterprise Agreement
Managing Underperformance. 89.1 92.1 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 92.2 These underperformance procedures are not to be made to the delegate.
89.3 A formal assessment of performance will not occurused where:
a) if the it is suspected that an employee has not been given an opportunity to comment on breached the recommendation; APS Code of Conduct, or
b) if other action such as potential action for misconduct it is reasonably suspected, and a medical practitioner confirms the employee’s physical or action in respect mental capacity may be a cause of health matters or where their unsatisfactory performance, or
c) there is a genuine case of the services of an employee may no longer be being able to be effectively used because of technological or work practice changes in the ATO is more appropriate in the circumstancesATO.
89.4 With respect 92.3 Before the delegate decides whether or not to conduct a formal assessmentassessment of the employee’s performance:
a) The employee must be provided with the manager’s recommendation and have a reasonable opportunity to put their case to the delegate including any factors which may have materially prejudiced the employee will from achieving the expected standard, and
b) the delegate must be provided satisfied the procedure to date has been fair and free from bias.
92.4 If the delegate decides a notice setting out formal assessment is appropriate, a written warning must be issued to the commencement of employee which:
a) details the process, problems with the employee’s performance issues, and confirms the standard expected, and the possible consequences of failing required to meet the standard expectedbe achieved to be satisfactory;
b) specifies how long the employee has got to reach the standard. This 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 except where the delegate determines that a more appropriate different period is determined appropriate. The written warning will include the reasons for the chosen period; and
c) sets out the likely consequences if the employee does not reach the required standard and advises the employee may request their employment be terminated before the completion of the assessment period.
92.5 The employee’s performance will be assessed on a regular basis throughout the assessment period. Where in the opinion of the delegate there would be benefit from the employee’s performance being assessed by an independent assessor, the delegate;
d) delegate will appoint an assessor from outside the immediate work area. The employee will be provided with reasons where given an opportunity to comment on each progress report.
92.6 The employee may request annual, purchased or long service leave during the assessment period, but this will only extend the assessment period if this is less than eight weeks;agreed by the delegate or the leave was approved prior to the decision to commence the assessment period.
e) performance 92.7 The assessment period will be holistically assessed throughout extended if the processemployee is absent due to their personal illness or injury, but only if this is supported by a certificate from a health practitioner for:
a) a single period of five days or more; andand/or
fb) employment may be terminated at any time at the request broken periods totalling to 20% or more of their period of review. The length of the employeeextensions will be the total number of working days of a) and b) above.
89.5 92.8 At the end of the formal assessment period, if performance has improved to the standard expected, no further action will be taken. .
92.9 If performance has not improvedis still unsatisfactory at the end of the assessment period, 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 occurbe taken against them. The delegate may decide to:
a) move the employee to a more suitable work unit; or
b) a reduction in salary and/or classification (effective one month after notification if no request for a review is lodged under clause 92.10); or
c) termination of employment on the grounds of unsatisfactory performance of duties.
89.7 92.10 An employee who is reduced in salary or classification without consent may request a review of the decision. Further information is available in In accordance with subclause 86.2 the ATO Procedures for Review of Employment Action. The ATO will stay the decision made under subclause 89.7 92.9 b) 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 days of being notified of the outcome of the primary review.
Appears in 1 contract
Sources: Enterprise Agreement
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 73.1 If an employee’s 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 is rated 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 “Unsatisfactory” at any time during the performance cycle their people leader will assist the employee to return to an “achieving” rating based on the following principles. The people leader will:
(a) identify and action issues with a view to returning the employee’s performance to an achieving level,
(b) apply procedural fairness principles at the request each stage of the employee.process and
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) give the employee the opportunity to 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 assistance of a support person or classification without consent may request representative at any point during a review of the decisionperformance management process. Further information is available in the ATO Procedures Performance Development Policy and associated Underperformance Procedural Guidelines.
73.2 Where during an end of year review, a people leader has assessed an employee's performance against their performance agreement and given them a rating of "unsatisfactory" the people leader will:
(a) advise the employee in writing of why their performance is rated “unsatisfactory” and will provide reasons for Review of Employment Action. The ATO will stay the decision made under subclause 89.7 pending the outcome that rating,
(b) inform them of the primary review:consequences if their performance does not improve as set out in the Performance Development Policy and associated Underperformance Procedural Guidelines,
a(c) where the request is lodged by give the employee within ten working days of being given notice of a reasonable opportunity to respond either verbally or in writing,
(d) give the reductionemployee a reasonable opportunity to have a support person or a representative present at any discussion or meeting, and
(e) create a Performance Improvement Plan as outlined in the Performance Development Policy and associated Underperformance Procedural Guidelines.
73.3 If an employee is on a Performance Improvement Plan, and at the end of the assessment period, the employee’s performance is still assessed as being “unsatisfactory”, ASIC may issue a notice to the employee of intention to:
(a) allocate reasonable alternate duties (if available) to the employee,
(b) a statement in support of reduce 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 Commissioneremployee’s classification, if sought by this is practicable and work is available at a lower level,
(c) cease a period of higher duties earlier if the underperformance relates to higher duties acting, or
(d) terminate the employee’s employment.
73.4 The employee within ten working will have at least 7 days of being notified of to show cause why this action should not be taken. ASIC or its representative has the outcome of the primary reviewdiscretion to extend this period in special circumstances.
Appears in 1 contract
Sources: Enterprise Agreement
Managing Underperformance. 89.1 This clause only 16.1 There may be occasions when an employee‟s performance is consistently falling below the expected standard, even though the employee‟s supervisor has taken measures to overcome the problems as part of his or her day-to-day management responsibilities. It is important that these matters be addressed promptly and fairly rather than waiting until the next formal performance management feedback session and any relevant matters must be included in the next formal feedback session if ongoing action is required. The procedure for handling poor performance set out below applies to ongoing all employees except for the following, who are no longer dealt with under the terms of their engagement:
(i) an ongoing employee who is 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(ii) a non-ongoing employee who is employed for a specified term or for the period duration 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 processspecified task; and
f(iii) employment may a non-ongoing employee engaged on an irregular or intermittent basis.
16.2 This clause sets out the procedure to be terminated at any time at observed when, despite attempts to improve performance through the request performance feedback scheme and/or other measures, performance still consistently falls below the expected standard.
(i) A written warning to the relevant employee is to be provided if a performance issue is identified.
(ii) After the warning is provided the Commission will assess the employee‟s performance. A regard for natural justice processes must be observed, including the employee‟s right to be accompanied by a person of the employee‟s choosing, and a structured work plan will be developed with the employee. The structured work plan will be observed over a 2 month period.
89.5 (iii) At the end of the formal 2 month period the Commission‟s assessment period, if of whether the employee‟s performance has improved to met the expected standard expected, no further action will be taken. If of performance has not improved, the delegate can decide that the employee:
a) be assigned and other duties; and/or
b) be reduced in salary and/or classification; or
c) have their employment terminated.
89.6 The employee relevant supporting papers will be given consideration within 7 days.
(iv) No further action is needed if the assessment is satisfactory.
(v) If the assessment is unsatisfactory the Commission will write to the employee asking him or her to, within seven days to days, show cause why the further action should not occurbe taken against him or her.
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. (vi) The ATO Commission will stay the decision made under subclause 89.7 pending the outcome of the primary review:
a) where the request is lodged then consider any cause shown by the employee within ten working days and the options available. These options include termination of being given notice employment, involuntary termination (retirement) and other actions.
(vii) An employee, who has received a written warning pursuant to subclause 16.2(i), may voluntarily request in writing to be retired at any time during this process. The Commission will decide whether or not to retire the individual on receiving such a request. The entitlement of an individual who voluntarily requests termination of employment (retirement) and is voluntarily retired is the reduction, andsame as voluntary retrenchment without the severance pay.
b(viii) a statement in support of This procedure does not prevent an employee from pursuing an appropriate claim before 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 Fair Work Australia or any other tribunal established by the Merit Protection Commissioner, if sought by the employee within ten working days of being notified of the outcome of the primary reviewlaw.
Appears in 1 contract
Sources: Enterprise Agreement