Human Resources

Part I - Ceasing Employment

51.   Notice of Resignation or Retirement

51.1   Tenured, tenurable and fixed-term employees shall be required to give not less than 6 months' notice in writing, provided that the University can agree to a shorter period of notice.

51.2   Nothing in this Clause affects the right of the University to dismiss an employee for unsatisfactory performance or misconduct in accordance with Schedules C – Unsatisfactory Performance and/or D – Misconduct of this Agreement.

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52.   Termination of Employment and Disciplinary Action

52.1   Termination of employment at the initiative of the employer is governed exhaustively by Schedule C – Unsatisfactory Performance, Schedule D – Misconduct, Schedule E – Redundancy Provisions and Clause 53 – Termination of Employment on the Grounds of Ill Health.

52.2   All decisions to discipline or terminate the employment of an academic for reasons of unsatisfactory performance, misconduct, redundancy, termination on the grounds of ill health must be in accordance with this Clause except for a period of probationary employment, as set out in Schedule C – Unsatisfactory Performance. Disciplinary action may take one of several forms as defined in Schedule C – Unsatisfactory Performance and Schedule D – Misconduct and will be determined by a Senior Management Representative or the Vice-Chancellor as prescribed by these Schedules.

52.3   The University must not terminate the employment of an employee unless the academic has been given notice and/or compensation as required by section 117 of the Act provided that:

52.3.1   The University may terminate without notice the employment of an academic found to have engaged in conduct of a kind envisaged in section 1231(b) of the Act such that it would be unreasonable to require the University to continue employment during a period of notice; and

52.3.2   Greater notice and/or compensation specified in the employee's contract of employment or in this Agreement shall prevail over section 117 of the Act.

52.4   This Agreement is to be read in conjunction with Division 11 of the Act provided that an employee shall be entitled to the benefit of:

52.4.1   Any provision in this Agreement which is more favourable to the academic than any corresponding provision in the Act; or

52.4.2   Any procedural step required by the Agreement in addition to the required procedural steps of the Act.

52.5   Nothing in this Clause shall be construed as excluding the jurisdiction of any external court or tribunal which, but for this Clause, would be competent to deal with the matter.

52.6   The provisions of this Clause shall not apply to casual employees.

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53.   Termination of Employment on the Grounds of Ill Health

53.1   The Vice-Chancellor may require, in writing, any employee whose capacity to perform the duties of his or her office is in doubt to undergo a medical examination by a medical practitioner chosen by the institution at the expense of the institution.

53.2   The Vice-Chancellor shall provide the employee with reasonable written notice which shall be not less than 4 weeks save in exceptional circumstances that a medical examination is required. Where the employee elects to apply to the employee's superannuation fund, prior to the expiry of the period of notice, for ill-health retirement or temporary disability benefit pursuant to the rules of the superannuation fund, the requirement for a medical examination under subclause 53.1 shall lapse forthwith and no further action shall, subject to subclause 53.3, be taken by the Vice-Chancellor under this Clause.

53.3   Where the superannuation fund decides that the employee, following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects to dispute this decision, the Vice-Chancellor may proceed in accordance with this Clause without further recourse to the provisions of subclause 53.2.

53.4   A copy of the medical report made by the medical practitioner pursuant to subclause 53.1 shall be made available to the Vice-Chancellor and to the employee.

53.5   If the medical examination reveals that the employee is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice-Chancellor may, subject to subclause 53.6, terminate the employment of the employee in accordance with the notice required by the employee's contract of employment or where no notice is specified a period of 6 months. Prior to taking action to terminate the employment of an employee, the Vice-Chancellor may offer the employee the opportunity to submit a resignation and, if such a resignation is offered, shall accept it forthwith and not proceed with action to terminate employment.

53.6   If within 14 days of the report being made available, the employee or where they choose their employee representative so requests, the Vice-Chancellor shall not terminate the employment of the staff member in accordance with subclause 54.5 hereof unless and until the findings of the report are confirmed by an independent specialist.

53.7   In making an assessment as to whether or not an employee is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner appointed pursuant to this Clause shall as far as possible apply the similar standards as are required to undertake the work of an academic having regard to the operation of the employee's superannuation scheme.

53.8   Nothing in this Clause prevents an employee from accessing workers’ compensation for work related injuries.

53.9   The Vice-Chancellor may construe a failure by an employee to undergo a medical examination in accordance with these procedures within a reasonable time after a written notification, which shall be not less than 2 months, save in exceptional circumstances, as prima facie evidence that such a medical examination would have found the staff member unable to perform his or her duties and unlikely to be able to resume them within 12 months, and may act accordingly.

53.10   The provisions of this Clause shall not apply to casual employees.

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