DETYA Certified Agreement
14.7.3 “Inadequate” Performance Rating
14.7.3.1 Where an employee’s performance is assessed as “Inadequate”
at any time during the course of the assessment period, or “Requires
Attention” or “Inadequate” in accordance with clause
14.7.2.4, the manager/supervisor will initiate immediately the
processes outlined below.
14.7.3.2 Step 1 – Formal warning
14.7.3.2.1 Where the employee has not achieved a “Fully
Effective” standard of work performance, the manager/supervisor is to
give a formal written warning to the employee, detailing the required
“Fully Effective” standard and how the employee’s performance does
not meet the “Fully Effective” standard.
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14.7.3.3 Step 2 – Formal independent
assessment period
(a) The Secretary (or delegate as defined in the Review of Actions
policy) will appoint a person to assess the employee’s performance
formally for a specific period of 3 months. The person must be from
outside the immediate work area of the employee whose performance is
to be assessed.
(b) The assessing officer should immediately discuss with the
manager/supervisor and the employee matters in the written warning and
the assessment process to ensure all parties are heard on the matter.
The employee may be supported by a third party during these
discussions.
(c) Discussions between the assessing officer and the employee, and
the assessing officer and the manager/supervisor, may include
identifying mitigating circumstances, setting realistic, achievable
expectations for “Fully Effective” performance consistent with clause
14.5.1.7 which focus on the areas of the employee's performance
that have been identified as not achieving a “Fully Effective”
standard and, accordingly, within one week, record the outcome in the
employee’s Agreed Performance Statement.
(d) The assessing officer, based on the evidence available and
discussions with the employee and their manager/supervisor, may at any
time form a view on whether a correct assessment has been made under clause
14.7.3. Where an assessment of “Inadequate” is found to be:
(i) inaccurate, the employee will either proceed through the
steps set out in clauses 14.7.2.1
to 14.7.2.2 if the employee’s
performance is instead found to be “Requires Attention”, or no
further action will be taken if the employee’s performance is
instead found to be “Fully Effective”; or
(ii) accurate, the employee will proceed through the steps
outlined in clauses 14.7.3.3 to 14.7.3.5,
with the exception that the assessment period at (e) may be
increased by a further period of up to three months, if it is found
that a reasonable period of warning should have been given to the
employee prior to the assessment as “Inadequate”.
(e) At the completion of the three months assessment period (or if
determined otherwise, a period not exceeding 6 months established
under sub-clause 14.7.3.3 (d) (ii) above), the assessing officer will
advise the Secretary (or delegate) on whether the employee sustained
(or, where appropriate obtained and sustained) a “Fully Effective”
standard of work performance during the assessment period.
(f) If during or at the completion of an assessment period, there
are grounds for concern about negligence, abuse or discrimination on
the part of the manager/supervisor, the assessing officer will refer
the matter to the Secretary (or delegate).
(g) If more than two inaccurate assessments are made by the
manager/supervisor during a performance appraisal cycle, an
investigation of performance management practices in the area will be
conducted by People Management Branch.
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14.7.3.4 Step 3 – Performance improved
If the employee’s performance improves to the “Fully Effective”
standard, no further action is taken and the normal performance
assessment cycle resumes. If the “Inadequate” or “Requires
Attention” performance rating occurred at the end of the annual cycle,
any deferred pay progression will take effect from the date on which the
assessing officer advises the Secretary (or delegate) that a “Fully
Effective” performance rating has been achieved.
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14.7.3.5 Step 4 – No improvement in
performance
Where measures to correct under performance have been pursued for
three months (or if determined otherwise, a period not exceeding 6
months established under sub-clause 14.7.3.3 (d) (ii) above) from the
commencement of Step One, without the employee’s performance improving
to the “Fully Effective” standard, the Secretary may determine that
one of the following will apply:
(a) issue of notice of retirement pursuant to section 29 of the
Act; or
(b) action pursuant to paragraph 23(4)(e) of the Act – reduction
in classification; or
(c) any other action the Secretary considers appropriate.
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14.8 Non-ongoing Employees - Performance Management Processes
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