ACU - Heads of School Forum Empowering the Head of School in Staff Management Pauline Croxon Manager, Employment Relations

 This session will cover:  The sources of your authority as a supervisor  The 3 major issues raised by Heads of School in managing staff  Advice about the relevant policies and procedures, and information about support for Heads of Schools Empowering the Head of School in Staff Management

 The major issues raised by Heads of School in managing staff are:  Problems with Attendance  Dealing with Poor Performance  Dealing with Difficult/Inappropriate Behaviour Empowering the Head of School in Staff Management

 Let’s start at the very beginning, Q/ Where do you as a Head of School derive your authority to manage staff?  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

 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.  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

 Under industrial law, the Industrial Awards and the ACU Staff Enterprise Agreement provide you with authorities and responsibilities as a staff member’s supervisor.  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

 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).  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

 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.  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

 Nominated Supervisors are responsible for monitoring the performance and behaviour of staff in their area of responsibility  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

The Relevant Academic Staff Policies are:  the Availability of Academic Staff Policy and  the Academic Workloads Policy which both derive from the Enterprise Agreement. Staff Management – Attendance Issues Empowering the Head of School in Staff Management

The Enterprise Agreement expects that academic staff  “… 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 …” Staff Management – Attendance Issues Empowering the Head of School in Staff Management

 “ … 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 …” Staff Management – Attendance Issues Empowering the Head of School in Staff Management

 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 Staff Management – Attendance Issues Empowering the Head of School in Staff Management

The policies covering the attendance of General Staff HEW Levels 1 – 7 are:  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. Staff Management – Attendance Issues Empowering the Head of School in Staff Management

So what can you do if a staff member’s attendance is poor (or non-existent)? 1. 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. 2. 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. 3. A final option is to activate the Abandonment of Employment Policy Staff Management – Attendance Issues Empowering the Head of School in Staff Management

 If attendance is irregular or problematic, talk to the staff member to try and find out why (particularly if this problem is new)  If there are personal issues, options may include a temporary reduction in fraction, a pre-retirement contract or other changes in working arrangements  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. Staff Management – Attendance Issues Empowering the Head of School in Staff Management

 Heads of Schools have the specific responsibility to manage the performance of their staff:  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…” Staff Management – Performance Issues Empowering the Head of School in Staff Management

 HoS’s responsibilities include:  − 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;  − encourage and monitor staff development in terms of qualifications, teaching skills, professional development and research; Staff Management – Performance Issues Empowering the Head of School in Staff Management

 Detailed provisions for managing performance are found in Section 5 of the Enterprise Agreement and the associated Guidelines for Managing Performance  It is important that Supervisors keep records of discussions with staff about performance issues  If a formal performance review is commenced, staff need to be advised that unsatisfactory performance can lead to the termination of their employment Staff Management – Performance Issues Empowering the Head of School in Staff Management

What can you do if a staff member does not accept that she or he has a performance problem?  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 Staff Management – Performance Issues Empowering the Head of School in Staff Management

Dealing with Medical/Psychiatric Issues  The relevant policies are the Personal Leave Policy and the Separation from ACU on Medical Grounds Policy  The University can require an assessment where there are “reasonable” grounds for concern about a staff member’s health and wellbeing  Heads of Schools are often alerted to these issues by comments/complaints from staff and students Staff Management – Performance Issues Empowering the Head of School in Staff Management

 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.  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. Staff Management – Performance Issues Empowering the Head of School in Staff Management

 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) Staff Management – Performance Issues Empowering the Head of School in Staff Management

The Code of Conduct is the relevant Policy as it applies to all staff of the University.  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.  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

 The Code of Conduct requires that:  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.  Staff must not engage in offensive behaviour, actions and/or comments.  Staff must demonstrate respect for their supervisor and for their colleagues. Staff Management – Behavioural Issues Empowering the Head of School in Staff Management

 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?  A/ If the complaints are very serious, advise the staff or students of their right to lodge a formal grievance. Staff – Behavioural Issues Staff Management – Behavioural Issues Empowering the Head of School in Staff Management

 The relevant policy is the Misconduct and Serious Misconduct Policy and associated EA clause.  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.  The University may use external professional investigators to investigate complaints Staff Management – Behavioural Issues Empowering the Head of School in Staff Management

 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 Staff Management – Behavioural Issues Empowering the Head of School in Staff Management

What support is available to help you manage your staff?  Advice from HR regarding the appropriate policies and procedures to be followed  Help with drafting letters/ s  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

 Remember it is your role and responsibility to monitor the performance and behaviour of the staff that you supervise  You have the legal authority to do so under common law, industrial law and contract law  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  HR and our Manager Assist EAP are here to support you Empowering the Head of School in Staff Management

Thank you Empowering the Head of School in Staff Management