Staff Employment Policy

PURPOSE

This policy details the processes for recruitment of permanent staff to ensure consistent, transparent, merit-based practices that align with the Leaders Institute (LI) vision, mission, and values. It also informs the requirements regarding termination of employment.

SCOPE

All permanent staff

PRINCIPLES

To recruit and retain high quality permanent staff, LI ensures:

• fair, equitable, respectful, systematic, timely, consistent, and confidential approaches;

• alignment to LI’s mission, values, and strategic plan;

• consideration of the applicant’s skills, knowledge, qualifications, experience, and ability to meet the position’s requirements;

• respect for diversity and inclusiveness that promotes equitable access to all staff;

• processes that are competitive, merit-based, and compliant with legislative requirements and obligations;

• appropriate and thorough induction and orientation.

Appointment Level and Pay Rates

Appointment level for staff depends on qualifications and experience, with commencement salary being negotiable within the range of classification. All staff are required to sign an employment contract under one of the following arrangements:

• casual (as required);

• permanent full-time (five days per week);

• permanent part-time (minimum of one day per week);

• contract full-time (designated term from one month to five years);

• contract part-time (designated term from one month to five years).

  
  

The minimum rates for each classification are set by the Fair Work Act "New Modern Awards" and shall be the minimum rates applicable within LI.

Induction

The relevant supervisor is responsible to ensure that the new staff member completes the induction program. The objectives of staff induction are to:

• welcome and introduce the staff member to the culture, community, and organisational structure of LI;

• clarify the staff member's role, responsibilities, and legal requirements;

• ensure that the staff member is familiar with where to find relevant policies and other important information;

• ensure that the staff member receives a copy of any government legislation relevant to the employee's job, particularly regarding responsibilities under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 and the ESOS Act 2000 concerning overseas students.

Probation

At the start of employment, new permanent staff members may be placed on probation that is directly related to the nature of the work to be carried out under the contract. The purpose of probation is to establish whether there is an appropriate match between the person, the job, and the work environment, and whether a good working atmosphere has been established within the relevant department. Where applicable, details about the probation, including the length of probation, will be set out in the staff member's Contract of Employment.

Annual Performance Appraisal

All permanent staff will undergo a formal appraisal of their performance annually. This should not prohibit or discourage supervisors from discussing a staff member's job performance on an informal basis, whenever the need arises.

Termination of Employment

Staff may terminate their employment through resignation or retirement. A permanent staff member resigning from LI will provide a notice period in line with the Fair Work Act 2009.

LI may, in writing, terminate a staff member's employment based on:

• abandonment of employment;

• redundancy;

• cessation of external funding;

• annulment - in relation to probation;

• underperformance;

• non-adherence to the Code of Conduct Policy.

LI Periods of notice and severance payments will apply to most forms of termination, as specified in the Fair Work Act 2009. The termination of a staff member's employment will be effective from the date at which the notice period expires.

PROCEDURES

Recruitment

The creation of a new position must be approved by the delegated officer based on an approved budget and workforce plan. The relevant supervisor will prepare or review the position description, taking into consideration funding and organisational structure. Appointments may not be advertised where staff are being redeployed, a position requires highly specialised expertise where a candidate has already been identified, and in extenuating circumstances with the approval of the President or Vice President Academic.

Advertising for the position will comply with all LI’s policies, as well as relevant state and federal regulations. Responsible officers will interview the applicant, ensuring interviews are equitable, qualifications are verified, and references are checked.

A written offer of appointment is made to the successful applicant and the contract is signed by the successful applicant and LI representative. The responsible officer will inform unsuccessful applicants.

Induction

The relevant supervisor ensures that the new staff member undertakes induction which includes all relevant information to the role and working at LI.

Probation

Before the end of the probation specified in the staff member's contract, a decision must be made as to whether the staff member should continue in employment with LI. If the staff member cannot meet the probation criteria, employment may be terminated.

Annual Performance Appraisal

All permanent staff members complete an annual Academic Performance Appraisal with their relevant supervisor to discuss performance, setting objectives for the next year, and planning professional development. The supervisor may select another staff member to participate in this meeting, either at their own initiative or at the request of the staff member whose performance is being appraised.

Resignation or Retirement

A permanent staff member must send to their supervisor, in writing, a notice of their intention to resign or retire, indicating the proposed date of termination. If an employee fails to give the required notice, LI may withhold leave entitlements equivalent to the required notice. The designated officer will advise acceptance of the resignation in writing to the staff member.

Abandonment of Employment

Absence of a permanent staff member of more than five sequential working days, without attempting to inform LI of a reason, will be considered abandonment of employment, and the staff member may be deemed to have resigned. 

Termination of Probationary Employment

 If at any time during the probationary period a staff members progress not considered satisfactory or if the employee is not satisfied with the position, either the staff member or LI may terminate the contract subject to giving required notice. 

Unsatisfactory Performance

A supervisor may terminate employment due to unsatisfactory performance. The employee is entitled to be accompanied by a support person at all disciplinary review meetings. On some occasions temporary suspension on contractual pay may be necessary, so that an uninterrupted investigation can take place. This is not regarded as termination or disciplinary action. All records regarding termination are kept on the staff member’s confidential file and a copy supplied to the staff member. Procedures for termination of employment are as follows:

1. The supervisor will counsel the employee on the improvement required and develop measurable strategies for improvement. These strategies will be given no less than two months to address and see improvement.

2. If after two months, a supervisor believes that counselling has not produced improvements in performance, the supervisor must advise the staff member, in writing, of:

• the specific areas of performance that are considered unsatisfactory;

• a date proposed for a review of the specific areas of performance; and

• the availability of resources to assist the staff member in improving.

The employee has 10 working days from the receipt of the supervisor’s written advice to respond. The supervisor must consider the response and do one of the following:

• confirm the notice of unsatisfactory performance;

• modify any or all of the particulars contained in the previous advice;

• withdraw the advice and ensure that no records relating to the advice are kept on the staff member’s file.

3. The supervisor will review whether the staff member has made satisfactory improvement at the date proposed in the last advice. If the supervisor is satisfied that the required improvements have been made, the staff member is advised, in writing, and no further action taken.

4. If the supervisor believes that the performance of the employee continues to be unsatisfactory, the supervisor will make a formal report to the delegated officer. The report must clearly specify the aspects of performance seen as unsatisfactory, the record of attempts to remedy the problem, and the recommended disciplinary action. The supervisor must also provide the employee with a copy of the report. Following consideration of the report, the supervisor and delegated officer may decide to:

• take no further action; or

• take disciplinary action, which may include suspension with or without pay; or termination of employment.

The staff member will be advised, in writing, of the decision. Disciplinary action will take effect no earlier than five working days from the date of the written advice.

Misconduct

LI may terminate employment of a staff member, without notice, if the staff member has engaged in serious misconduct. Where an allegation of misconduct or serious misconduct is made, LI will make every effort to resolve instances of possible misconduct or serious misconduct through counselling or other appropriate action. 

If concerns are not able to be resolved, then an investigation will be undertaken to establish whether a complaint can be reasonably substantiated, according to the Staff Grievance Policy. Where an allegation of misconduct or serious misconduct is founded, disciplinary action may be taken which may include suspension with or without pay or termination of employment.

Exit Process

As part of the exit process, all staff members must return LI property and pay any outstanding monies owed to LI prior to the termination date. Failure to return such items may result in the cost of the items being deducted from any monies outstanding to that person.