Managing unsatisfactory
performance of
TAFE Teachers
Human Resources
1.
Scope
This policy applies to all TAFE teaching staff employed by the University on a continuing or fixed
term basis. It does not apply to casual teachers.
2.
3.
Definitions
3.1
Fixed-term employment:
Employment for a specified term or ascertainable period.
3.2
Casual employment:
Employment where the employee is engaged by the hour on an
irregular basis or for a short-term period of time.
3.3
Continuing employment:
Employment other than fixed-term or casual
3.4
TAFE Teacher:
Any person employed to teach or lecture or to manage and or
develop a TAFE program or programs.
3.5
MBA:
The Victorian TAFE Teaching Staff Multi–Business Agreement
2009.
3.6
Serious misconduct:
Serious misconduct means conduct which may be a single
occurrence of a kind which constitutes:

actions involving harm (or the real possibility of harm) to
any employee, student or visitor;

dishonesty;

harassment bullying or discrimination against an employee
or student;

sexual harassment;

a criminal offence;

a conviction by a court which results in a serious
impediment to the employee carrying out their duties;

dereliction of duty.
Actions
3.1. Introduction
It is an expectation of each TAFE Teacher that all duties and responsibilities are carried out at a
satisfactory level of performance in accordance with his/her contract of employment and position
description and classification standards as outlined in the MBA and the TAFE Teachers (Victoria)
Award 2002.
Warning: uncontrolled when printed.
Authorised by:
Director, Human Resources
Document owner:
Manager, Human Resources
CRICOS Provider No. 00103D
Original Issue:
Current Version:
06/07/2009
15/07/2014
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Managing unsatisfactory
performance of
TAFE Teachers
Human Resources
3.1.1.
To assist staff members in gauging the level of their performance they need regular and
objective feedback from their supervisor. Such feedback normally will be developed
within the context of the Performance Review and Development Policy and will be
handled in a timely way. It is the responsibility of the supervisor to indicate problem
areas and to define what is considered satisfactory and unsatisfactory performance.
Allegations of unsatisfactory performance must be verifiable with any implemented
processes being in accordance with the rules of natural justice.

Satisfactory Performance: performance required by the University consistent with
the staff member's contract of employment, duties and the MBA classification
standards

Unsatisfactory Performance: performance at a level below the level required by
the University and inconsistent with the staff member's contract of employment,
duties and the MBA classification standards over a reasonable period of time
3.1.2.
The University shall provide adequate training for supervisors in relation to these
procedures.
3.1.3.
In matters other than misconduct, where a staff member is considered to be performing
less than satisfactorily, the following phases are considered essential and are to be
managed by the supervisor in the first instance.
3.1.4.
In all cases involving the management of unsatisfactory performance, the supervisor
shall inform Human Resources who will provide assistance to the parties throughout all
phases.
3.2. Informal Phase (Stage 1)
In the first instance a supervisor must make every effort to resolve matters relating to performance
through guidance, counselling and appropriate staff development. More specifically, where under
performance issues arise, the relevant supervisor and staff member will promptly and jointly develop
and implement strategies to address the under-performance. These strategies should be given no less
than four weeks to take effect before the procedures outlined below may be initiated.
3.3. Support Phase (Stage 2)
3.3.1.
Where attempts to resolve performance issues have not adequately addressed on-going
concerns, Stage 2 shall be initiated by the supervisor. The staff member shall be
informed in writing of the allegations of unsatisfactory performance in sufficient detail to
enable a response from the staff member which must be made within five working days
of receipt of the allegations.
CRICOS Provider No. 00103D
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Managing unsatisfactory
performance of
TAFE Teachers
Human Resources
The supervisor will then meet with the staff member to discuss the allegations and the
staff member's written response. The staff member may be accompanied by their union
representative or colleague (but not a practising solicitor or barrister). The supervisor
will then decide to:
(i)
take no further action provided the supervisor is satisfied that the staff member will
discharge their duties in a satisfactory manner; or
(ii)
if deemed appropriate, form a support group to provide specific strategies for
performance improvement to reach required standards and agree on an
appropriate time frame; or
(iii)
consult further with the staff member and develop a plan to remedy the
unsatisfactory performance. The plan may include but will not be limited to:

guidance;

counselling;

appropriate staff development;

appropriate work allocation;

the level of improvement required; and

reasonable time for improvement to occur; and for performance to reach the
required standard.
3.3.2.
In respect to 4.3.1 (iii) above: if after the stipulated time frame, some progress has been
made in some areas but further improvement overall is required, an additional period of
development and support may be provided by the supervisor.
3.3.3.
A written record of discussions, plans, strategies and time frames is to be kept and a
copy is to be given to the staff member.
3.3.4.
The "Support Group" referred to above shall consist of:

a staff member nominated by Deputy Vice-Chancellor;

the supervisor, if appropriate, or nominee of the supervisor;

the relevant staff member; and

a union representative or colleague (but not a practising solicitor or barrister).
Any program of support and all associated details will be discussed with the relevant
supervisor.
The Support Group shall convene for no less than six weeks and at the conclusion of
the specified time-frame the supervisor shall either:

CRICOS Provider No. 00103D
take no further action if performance has reached a satisfactory level;
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Managing unsatisfactory
performance of
TAFE Teachers
Human Resources

agree to a further support group period if some progress has been made in some
areas but further improvement overall is required. This will allow for further
development and support; or

refer to Stage 3 - Formal Process.
3.4. Formal Process (Stage 3)
3.4.1.
If performance does not reach the required standard within the time-frame/s stipulated in
sub-clause 24.3 above the supervisor shall inform the staff member and shall prepare a
formal report to the relevant Head of School. If the supervisor is the Head of School the
report will be forwarded to the Deputy Vice-Chancellor (TAFE Portfolio). This report shall
clarify the unsatisfactory performance issues and shall outline the steps taken to remedy
the situation. A copy of the report shall be given to the staff member, who has five
working days in which to submit a written response.
3.4.2.
On receipt of the supervisor's report and any response by the staff member, the Head of
School or, where appropriate, the Deputy Vice-Chancellor (TAFE Portfolio) (or nominee)
shall investigate the matter, including interviewing the staff member within 20 working
days. The staff member may be accompanied at the interview by a union representative
or colleague.
3.4.3.
Following the investigation and interview the Dean/Director or Deputy Vice-Chancellor
(or nominee) may determine that:

performance is satisfactory;

no further action be taken;

an increment be deferred or disallowed;

the staff member be given a further period of support as outlined in sub-clause
24.3. At the end of this extended period, if satisfactory performance has not been
achieved, termination may be recommended;

the staff member be censured and their staff record noted to that effect;

the staff member be transferred to another position at the same or lower
classification; or

service is unsatisfactory and continuation of employment is unjustified and
subsequently recommend to the Vice-Chancellor that termination occur.
Provisions of this clause will not prevent the University from summarily dismissing a staff
member for serious misconduct.
CRICOS Provider No. 00103D
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