92.1
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This clause only applies to ongoing employees who are no longer on probation.
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92.2
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These underperformance procedures are not to be used where:
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a) it is suspected that an employee has breached the APS Code of Conduct, or
b) it is reasonably suspected, and a medical practitioner confirms the employee’s physical or mental capacity may be a cause of their unsatisfactory performance, or
c) there is a genuine case of the services of an employee no longer being able to be effectively used because of technological or work practice changes in the ATO.
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92.3
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Before the delegate decides whether or not to conduct a formal assessment of the employee’s performance:
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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 from achieving the expected standard, and
b) the delegate must be satisfied the procedure to date has been fair and free from bias.
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92.4
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If the delegate decides a formal assessment is appropriate, a written warning must be issued to the employee which:
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a) details the problems with the employee’s performance and confirms the standard required to be achieved to be satisfactory;
b) specifies how long the employee has got to reach the standard. This period will generally be eight weeks, except where the delegate determines that a different period is 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.
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92.5
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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 will appoint an assessor from outside the immediate work area. The employee will be given an opportunity to comment on each progress report.
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92.6
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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 agreed by the delegate or the leave was approved prior to the decision to commence the assessment period.
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92.7
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The assessment period will be extended if the employee is absent due to their personal illness or injury, but only if this is supported by a certificate from a health practitioner for:
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a) a single period of five days or more; and/or
b) broken periods totalling to 20% or more of their period of review.
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The length of the extensions will be the total number of working days of a) and b) above.
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92.8
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At the end of the formal assessment period, if performance has improved to the standard expected, no further action will be taken.
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92.9
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If performance is still unsatisfactory at the end of the assessment period, the employee will be given seven days to show cause why action should not be taken against them.
The delegate may decide to:
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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.
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92.10
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An employee who is reduced in salary or classification without consent may request a review of the decision. In accordance with subclause 86.2 the ATO will stay the decision made under subclause 92.9 b) pending the outcome of the primary review.
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