Transcript Empowering the Heads of School in Staff Management

ACU - Heads of School Forum
Empowering the Head of
School in Staff Management
Pauline Croxon
Manager, Employment Relations
Empowering the Head of School in Staff Management
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This session will cover:
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The sources of your authority as a supervisor
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The 3 major issues raised by Heads of School in
managing staff
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Advice about the relevant policies and procedures,
and information about support for Heads of Schools
Empowering the Head of School in Staff Management
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The major issues raised by Heads of School in
managing staff are:
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Problems with Attendance
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Dealing with Poor Performance
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Dealing with Difficult/Inappropriate Behaviour
Empowering the Head of School in Staff Management
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Let’s start at the very beginning,
Q/ Where do you as a Head of School derive your
authority to manage staff?
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A/ There are three legal sources of your authority
1.
The Common Law
2.
Industrial Law, and
3.
The law of contract
Empowering the Head of School in Staff Management
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Under common law, a staff member must obey a
lawful and reasonable instruction of a supervisor who
acts on behalf of the University as an employer.
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Further, every staff member has a fiduciary duty to act
in the best interests of her or his employer
Empowering the Head of School in Staff Management
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Under industrial law, the Industrial Awards and the
ACU Staff Enterprise Agreement provide you with
authorities and responsibilities as a staff member’s
supervisor.
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The Award and the Enterprise Agreement both require
that “the duties and reporting relationships to apply”
must be specified.
Empowering the Head of School in Staff Management
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In their contract of employment, a staff member is
advised of his or her supervisor and this is usually by
position (eg. Your supervisor is the Head of the School
of X).
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Staff members are required to sign their contract of
employment which states “I will abide by Australian
Catholic University’s policies and procedures and
support its Mission.”
Empowering the Head of School in Staff Management
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There is also an additional source of your authority
as a supervisor, namely the Register of Staffing
Delegations which are approved by the University’s
Senate.
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Details of the Roles and Responsibilities of Heads of
Schools to manage staff are stated in the Academic
Higher Duties Allowance Policy
Empowering the Head of School in Staff Management
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Nominated Supervisors are responsible for
monitoring the performance and behaviour of staff
in their area of responsibility
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A Head of School’s responsibilities include
“ … supervision of academic staff and general staff
assigned to the School in accordance with University
policy and procedures;
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
The Relevant Academic Staff Policies are:
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the Availability of Academic Staff Policy and
the Academic Workloads Policy
which both derive from the Enterprise Agreement.
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
The Enterprise Agreement expects that academic staff
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“… will be available for scheduled School, Faculty and
University meetings, and for interaction and
consultation with students and colleagues on a
reasonable basis during the course of the daytime
hours of University operation and/or other times in
the case of other teaching patterns …”
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
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“ … The details of such availability shall be made
publicly available to students, colleagues and the
relevant Head of School. The manner in which these
details will be published and recorded is to be
determined by the Head …”
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
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The Agreement also gives Heads of Schools specific
responsibility for the allocation of academic workloads,
which must be allocated fairly and equitably following
consultation in accordance with the Workloads Policy
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
The policies covering the attendance of General Staff HEW
Levels 1 – 7 are:
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Flexible Working Arrangements Policy – which requires
general staff to record their working hours, and
The Overtime Policy, in which general staff can be directed to
work reasonable overtime as required (for which they must
receive payment or time in lieu at the loaded rates)
These policies derive from the Enterprise Agreement and
general staff are also required to record their hours under the
Fair Work Act Regulations.
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
So what can you do if a staff member’s attendance is
poor (or non-existent)?
1.
2.
3.
If the staff member has not been seen at all and she/he
has not put in a leave form, advise HR who will try and
make contact.
If phone contact is not made, HR will contact the next
of kin and/or HR will write formally to request that
contact be made.
A final option is to activate the Abandonment of
Employment Policy
Empowering the Head of School in Staff Management
Staff Management – Attendance Issues
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If attendance is irregular or problematic, talk to the
staff member to try and find out why (particularly if
this problem is new)
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If there are personal issues, options may include a
temporary reduction in fraction, a pre-retirement
contract or other changes in working arrangements
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If no reasons are given, advise that poor attendance is
a performance issue which can lead to disciplinary
action. A formal warning may be required.
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
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Heads of Schools have the specific responsibility to manage
the performance of their staff:
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HoS “ … monitor the performance of academic and general
staff assigned to the School and provide assistance to those
staff whose performance is assessed as requiring
improvement following performance reviews undertaken in
accordance with the Academic Performance Planning and
Review Program or the General Staff Performance
Development Program…”
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
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HoS’s responsibilities include:
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− allocate teaching and other duties and … (the) … provision
of staff and other resources so as to match skills and
strengths of people in the School with the tasks to be
accomplished;
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− encourage and monitor staff development in terms of
qualifications, teaching skills, professional development and
research;
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
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Detailed provisions for managing performance are
found in Section 5 of the Enterprise Agreement and
the associated Guidelines for Managing Performance
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It is important that Supervisors keep records of
discussions with staff about performance issues
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If a formal performance review is commenced, staff
need to be advised that unsatisfactory performance
can lead to the termination of their employment
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
What can you do if a staff member does not accept that
she or he has a performance problem?
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1. Talk with the staff member, explain the problems
and ask if there any personal issues impacting on
her or his performance?
2. If there has been an increase of sick leave, talk to
HR about arranging a medical and/or psychiatric
assessment
3. Arrange for a vocational assessment
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
Dealing with Medical/Psychiatric Issues
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The relevant policies are the Personal Leave Policy and
the Separation from ACU on Medical Grounds Policy
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The University can require an assessment where there
are “reasonable” grounds for concern about a staff
member’s health and wellbeing
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Heads of Schools are often alerted to these issues by
comments/complaints from staff and students
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
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It is an OH&S and a Code of Conduct requirement that every
staff member must take reasonable care for the health and
safety of themselves and of other persons at their place of
work (including students and visitors) who may be affected by
their acts or omissions at work.
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The University can request to talk with a staff member’s
doctor, and/or require a staff member to undertake a medical
and/or psychological or psychiatric assessment to ascertain if
she or he can perform the inherent requirements of the role.
Empowering the Head of School in Staff Management
Staff Management – Performance Issues
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A recent case involved an academic staff member who
denied that he had any serious health issues that
affected his performance.
There were no attendance issues and the sick leave
record did not disclose details.
The University followed the Separation on the Grounds
of Ill Health Policy procedures and required him to
undergo several medical and psychological
assessments. These disclosed serious health issues
which have lead to a medical separation. (HoS)
Empowering the Head of School in Staff Management
Staff Management – Behavioural Issues
The Code of Conduct is the relevant Policy as it applies to
all staff of the University.
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Staff are advised during their induction that failure to
comply with the Code will be viewed seriously and may
result in disciplinary action, including dismissal.
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As the Code is a contractual term, a breach of the Code
may also be a breach of the contract of employment
which is itself also grounds for disciplinary action.
Empowering the Head of School in Staff Management
Staff Management – Behavioural Issues
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The Code of Conduct requires that:
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Staff must practice tolerance in all regards and, in
particular, in relation to the beliefs and cultural values of
students, other staff and members of the public.
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Staff must not engage in offensive behaviour, actions
and/or comments.
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Staff must demonstrate respect for their supervisor and
for their colleagues.
Empowering the Head of School in Staff Management
Staff Management – Behavioural Issues
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What can you do if you receive complaints from staff
and/or students about a staff member’s behaviour or
you witness or are subjected to such behaviour?
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A/ If the complaints are very serious, advise the staff
or students of their right to lodge a formal grievance.
Empowering the Head of School in Staff Management
Staff Management – Behavioural Issues
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The relevant policy is the Misconduct and Serious
Misconduct Policy and associated EA clause.
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The University may instigate a preliminary
investigation or undertake an enquiry where a staff
member’s actions or behaviour may have breached
University Policy and could give rise to disciplinary
action for misconduct or serious misconduct.
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The University may use external professional
investigators to investigate complaints
Empowering the Head of School in Staff Management
Staff Management – Behavioural Issues
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If the staff or students don’t want to lodge a formal
grievance, you should still raise the issues with the staff
member as part of a preliminary enquiry
List the issues and complaints you have received, script a
potential conversation and arrange to meet with the staff
member (who can have a support person present – as
can you)
Make sure there is a record of the discussion and that
you are clear about the improvement expected (HoS)
and support to be provided if appropriate
Empowering the Head of School in Staff Management
What support is available to help you manage your staff?
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Advice from HR regarding the appropriate policies and
procedures to be followed
Help with drafting letters/emails
Advice from ER regarding options and a risk assessment
backed up with legal advice if needed
Assistance with developing a script and role plays for
having the “difficult” conversations, and
EAP - Manager Support from ACCESS
Empowering the Head of School in Staff Management
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Remember it is your role and responsibility to monitor the
performance and behaviour of the staff that you supervise
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You have the legal authority to do so under common law,
industrial law and contract law
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The University’s HR policies and procedures will give you the
framework to deal with attendance, performance and
behavioural problems and empower you to manage your staff
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HR and our Manager Assist EAP are here to support you
Empowering the Head of School in Staff Management
Thank you