Policy Improving and Managing Underperformance Procedure
Improving and Managing Underperformance Procedure
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Intent
This procedure operationalises the framework for the improvement and management of a Staff Member’s unsatisfactory performance at James Cook University (JCU).
Scope
The procedure applies to all Staff Members at JCU excluding casual Staff Members; Staff Members on probation; and fixed-term Staff Members of less than three months.
Definitions
For a comprehensive list of definitions, please refer to the Human Resources Policy Glossary.
Introduction
JCU is committed to enabling effective, sustainable performance by all Staff Members to support the achievement of the University Plan and Corporate Strategy, to enhance workplace engagement and support career and professional development.
Supervisors are to provide Staff Members with regular feedback on their performance and manage performance concerns promptly and fairly through discussion, guidance, counselling and/or staff development. Where there are concerns that a Staff Members performance is not satisfactory discussions should occur with the Staff Member in accordance with the principles of procedural fairness, this Procedure and the JCU Enterprise Agreement.
A Staff Member may be represented at any stage of this procedure in accordance with the definition of Support Person and/or Representative detailed in Section 6 of the JCU Enterprise Agreement.
Procedure
Stage 1 – Improving Performance
Step | Action |
1. | The Supervisor and Staff Member will meet to discuss specific areas of performance that require improvement. |
2. | During the meeting, the Supervisor will clearly outline and detail the performance outcomes and expectations requiring improvement and the reasonable timeframe in which improvement is required. |
3. | During this meeting, the Supervisor will ensure the Staff Member is provided with an opportunity to respond and discuss any mitigating circumstances. |
4. | The Supervisor will take further steps to resolve performance concerns through further informal mechanisms including ongoing discussion(s), guidance, counselling and/or Staff Training and Development opportunities. This may include directing the Staff Member to undertake specific measures to assist in improving performance. |
5. | Following the meeting, the Supervisor will document the performance deficiencies, outcomes, expectations, informal mechanisms (as per Step. 4) and the timeframes in a formal Performance Improvement Plan (PIP). The Plan will be provided to the Staff Member to review and sign. Once reviewed and signed by the Staff Member the Supervisor will also sign the documentation. |
6. | Where the Supervisor considers the Staff Member’s performance to be satisfactory the Staff Member will be advised in writing. The Staff Member and the Supervisor will then meet to recommence the performance development process and make any amendments to the Performance Development Plan in accordance with the Performance, Development and Planning Procedure. |
7. | Where the Supervisor considers that the required performance improvement measures have not been achieved, the Managing Unsatisfactory Performance stage of this Procedure will commence. |
Stage 2 - Managing Unsatisfactory Performance
Step | Action |
1. | Where the Improving Performance Stage 1 process above has not resulted in the required performance improvements, the Supervisor will raise the performance concerns with the Head of Work Unit. |
2. | Following discussions with the Head of Work Unit, the Supervisor will meet with the Staff Member to confirm that the required improvement measures have not been achieved. |
3. | During the meeting, the Staff Member will be advised of the specific areas of performance and/or conduct that are considered unsatisfactory and are required to be addressed. The Staff Member will also be advised of: i. The nature of the improvement required and the reasonable timeframe within which the improvement must occur; and ii. The availability of appropriate professional development and/or other resources, where appropriate. |
4. | The Supervisor will confirm the date proposed for a review of the specific areas of performance. |
5. | Following the meeting, the Supervisor will document the nature of the improvement required, the timeframes for improvement, professional development and/or other opportunities along with the review date in a formal Unsatisfactory Performance Plan (UPP). |
6. | The Staff Member is provided with the advice and the Unsatisfactory Performance Plan and is entitled to 10 University working days to respond to the Supervisor. |
7. | Where the Staff Member provides a written response, the Supervisor will give due consideration to the response, and will either: i. confirm the advice of unsatisfactory performance and the required remedial action in accordance with the Unsatisfactory Performance Plan and provide to the Staff Member to sign. The Supervisor will also sign the Unsatisfactory Performance Plan. ii. modify any or all of the information provided. Where the Unsatisfactory Performance Plan is modified, the Supervisor will meet with the Staff Member to advise of the modifications with both the Staff Member and the Supervisor to sign off on the modified Unsatisfactory Performance Plan. iii.withdraw the advice. Where the Supervisor determines that the advice is to be withdrawn, they will advise the Staff Member in writing. The Staff Member and the Supervisor will then meet to recommence the performance development and planning process and make any amendments to the Performance Development Plan in accordance with the Performance, Development and Recognition Procedure. |
8. | Where the Staff Member does not provide a written response, the UPP provided as per Step 5 will commence. |
9. | Where after Step 7 i) and ii) has been completed and the Head of the Work Unit and the Supervisor are satisfied that the required improvements have been made, the Staff Member will be advised in writing that their performance has improved and that they will be monitored over a period of 12 months. The Staff Member and the Supervisor will meet to recommence the performance development and planning process and make any amendments to the Performance Development Plan in accordance with the Performance, Development and Planning Procedure. If there is a deterioration in performance within the 12-month monitoring period, the formal process will recommence and will take into account any additional performance concerns. |
10. | Where after Step 7 i) and ii) has been completed the Head of Work Unit and the Supervisor will consider whether the Staff Member should be subject to a further performance improvement plan. Where a further UPP is required, the Steps 3 – 7 will be repeated. |
11. | Where after Step 7 i) and ii) have been completed, the Head of Work Unit and the Supervisor will also consider whether the Staff Member should be issued with a Notice of Intention as per Stage 3 – Unsatisfactory Performance Determination. |
Stage 3 – Unsatisfactory Performance Determination
Where Stages 1 and 2 have been completed and the Staff Member’s performance remains unsatisfactory the Supervisor with the Head of Work Unit will make a recommendation to the relevant Deputy Vice-Chancellor, to approve the appropriate Notice of Intention.
Step | Action |
1. | Where performance remains unsatisfactory as per Stage 2, the Supervisor in conjunction with the Head of Work Unit determine whether to issue a Notice of Intention. The Notice of Intention may include: i. The allocation of reasonable duties at the same level of responsibility, where appropriate ii. Issuing a formal censure; iii. A reduction in the Staff Member’s work level if practicable and work is available at a lower level; iv. Withholding of an incremental increase; or v. Terminating the Staff Member’s Employment. |
2. | The Staff Member will be provided with 10 University working days to establish why the proposed action should not be taken. |
3. | Where the Supervisor in conjunction with the Head of Work Unit considers the Staff Member’s response and determines that action is to be taken consistent with Step 1(i) they will advise the Staff Member in writing of the action. Where the Staff Member does not provide a response as per Step 2, they will be advised in writing of the action including the effective date, as appropriate. |
4. | Where the Supervisor in conjunction with the Head of Work Unit considers the Staff Member’s response and determines that action is to be taken consistent with Step 1 (ii) to (v) the matter will be referred to the relevant Deputy Vice-Chancellor for a decision. Where the Staff Member does not respond in accordance with Step 2 and the Supervisor and Head of Work Unit consider that action consistent with 1 ii) to v) is to be taken the matter will be referred to the relevant Deputy Vice-Chancellor for a decision. |
5. | The decision of the relevant Deputy Vice-Chancellor is final. |
6. | Where a Notice of Intention is issued for Step 1 (i) – (iv), the Staff Member may be required to continue to participate in the Stage 2 Managing Unsatisfactory Performance process and will be advised of this in writing. Where a Staff Member is not required to continue to participate in the Managing Unsatisfactory Performance process, the Staff Member and the Supervisor will meet to recommence the performance development and planning process and make any amendments to their Performance Development Plan in accordance with the Performance, Development and Recognition Procedure. |
Related policy instruments
James Cook University Enterprise Agreement
Performance, Development and Recognition Policy
Performance, Development and Planning Procedure
Performance Improvement Plan
Unsatisfactory Performance Plan
Schedules/Appendices
Nil
Administration
NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.
Approval Details
Policy Domain | Human Resources |
Policy Custodian | Deputy Vice-Chancellor, Services and Resources |
Approval Authority | Human Resources Committee |
Date for next Major Review | 01/09/2028 |
Version | Approval date | Implementation date | Details | Author |
23-1 | 01/09/2023 | 25/09/2023 | Procedure established | Senior Industrial Relations Specialist and Senior Culture and Capability Specialist |
Keywords | Performance, improvement, unsatisfactory, performance development and planning. |
Contact person | Manager, Industrial Relations and Policy |