Common use of Managing Underperformance Clause in Contracts

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.