Human Resources

Schedule D ? Redeployment, Redundancy And Retrenchment

1.   Principles

That the redeployment, redundancy and retrenchment provisions herein shall be implemented to produce outcomes for the parties which are consistent with the following:

  1. Employees are actively encouraged to participate in the restructuring of the University to improve productive performance and maximise its potential and actual growth in levels of service and achievement of its goals.
  2. Retraining and/or reskilling will be provided where necessary to employees placed on the redeployment list with the aim of enhancing the employees' skills in order to match those skills required by the University.
  3. Employees placed on the redeployment list who do not wish to accept redeployment will have, at their own discretion, the opportunity to terminate their services in accordance with these provisions.
  4. The employee is informed of the options available.
  5. Decisions take into account the preferences of employees placed on the redeployment list.
  6. Employees' employment status is not altered as a result of becoming a redeployee.
  7. Decisions and processes embody the principles of natural justice, are documented and are capable of review.
  8. The redeployment of an employee should not be a process for the management of performance issues.
  9. Appropriate confidentiality is maintained.

2.   Application

The provisions of this clause apply to employees of the University who hold ongoing appointments.

3.   Definitions

3.1   “Ongoing appointment” means an engagement which requires the appointee to work full time or part time on a continuing basis until the employee,

  1. retires at or over the age of 55 or is retired by the University on the grounds of ill health or for any other cause;
  2. resigns;
  3. is dismissed; or
  4. is retrenched.

3.2   “Retrenchment” or “Redundancy” means a situation where a job performed by an employee ceases to exist or becomes surplus to requirements as a result of:

  1. financial and staffing constraints leading to the rearrangement of functions or classifications;
  2. a decision by the University to discontinue or curtail a particular service or activity;
  3. reduced demand or other workload factors;
  4. technological change and development;
  5. statutory change.

3.3   “Redeployment” means a situation where the position occupied by the employee is identified as redundant and the University determines that the employee can be transferred to suitable alternative employment elsewhere in the University.

3.4   “Suitable alternative employment” shall be defined as that which provides the employee with a position which -

  1. does not alter the employee’s ongoing status;
  2. has a wage or salary as close as possible (but not less) to that of the employee’s existing position provided that in accordance with the provisions of subclause 9 of this clause the employee may agree to accept a lesser wage or salary if redeployed to a lower classified position;
  3. has regard to,
    1. the relevance of the duties and responsibilities and selection criteria of the position, to the qualifications, experience and competence of the employee; and
    2. the ordinary hours of duty being in general no less than those worked by the employee in their original position.
  4. the employee is capable of being trained to perform the full range of duties of the position within a reasonable time period.

3.5   “Redeployment List” means a list of employees occupying positions identified as being excess to the University’s requirement.

3.6   “Work area” will normally refer to a department or administrative section within the University.

4.   Reduction Of Position Fraction

Where a full time position becomes part time because the requirements of the job have decreased and the occupant of the position is made part time as a result of the decreased requirements the following shall apply:

  1. the employee may request redeployment to a full time position or full time status;
  2. where the employee has requested redeployment the University shall attempt to find suitable alternative employment in accordance with these provisions;
  3. the employee has no entitlement to receive and the University may not make any pro rata severance payments as a result of an employee converting to part time employment.

5.   Redundancy

5.1   No employee shall be entitled to receive a promotion as a consequence of being declared redundant.

5.2   Where potential redundancy situations arise the University shall provide written advice to the employee/s. Such advice shall detail the reasons for the potential redundancy or redundancies.

5.3   An employee who has been notified that their position is redundant shall be given a minimum period of four weeks to notify the University, in writing, whether or not they wish to be considered for redeployment.

6.   Redeployment

6.1   Where an employee elects to be considered for redeployment in accordance with subclause 5, the University shall attempt to find suitable alternative employment for a period of up to six months from the date that the employee was notified that the position they occupy is surplus to the University’s requirements.

6.2   The suitability of alternative employment or training shall be determined after consultation with the University and employee in accordance with subclause (1) of this clause and having regard for the particular circumstances of each employee.

6.3   Human Resources shall be responsible for identifying all vacancies which may be suitable for redeployees.

6.4   Once such positions have been identified every endeavour will be made to facilitate the initial trial placement of the redeployee to the position. This will include a requirement that the redeployee be interviewed by the Head of Department and the relevant departmental employees prior to the advertisement of the vacant position.

6.5   Should it be determined as a result of the interview process that the redeployee is not able to demonstrate that he/she meets the essential criteria for the position the Head of Department shall provide written reasons detailing why the redeployee is not suitable. This information is to be forwarded to the Director Human Resources through the Executive Dean.

6.6   The Director Human Resources is responsible for reviewing the report submitted and providing clearance for the vacant position to be advertised.

6.7   The Director of Human Resources may direct that a redeployee be placed in a position for which they are suitable.

6.8   During the redeployment period the employee may be directed by the University to clear all accrued and banked flexi leave and accrued time off in lieu.

7.   Election

7.1   While on redeployment, an employee may elect to leave the services of the University.

7.2   Where an employee does elect to leave the services of the University, and provided that there is at least four weeks remaining of the maximum six month redeployment period the employee will receive four weeks’ pay in lieu of notice.

7.3   An employee who does not elect to be redeployed will be given eight weeks’ notice of the date on which he or she will be retrenched, or will be given payment in lieu of all or part of this notice.

7.4   An employee who elects to leave the service of an employer shall be paid the severance and other payments prescribed by subclause (12) of this clause.

8.   Termination

8.1   An employee who elects to be redeployed under this clause may be terminated by the University by the giving of four weeks’ notice or payment in lieu of all or part of this notice, on the grounds that successful redeployment is no longer considered possible. Provided that notice under this provision shall not be given until a period of four months has elapsed since the employee was notified, in accordance with the provisions of subclause 6(1), that the position they occupy is surplus to requirements. An employee whose services are terminated by the employer shall be paid the severance and other payments prescribed by subclause (12) of this clause.

9.   Trial Period In Alternative Employment

9.1   An employee shall be granted a trial period of up to six (6) months in any alternative employment during or at the completion of which the employee may elect to resign if that employment is not suitable, in which case the employee shall receive the entitlements provided by subclause (12) of this clause.

10.   Leave And Assistance To Seek Alternative Employment

10.1   The employer shall facilitate redeployment by granting employees to be redeployed reasonable leave to attend interviews and career counselling without loss of pay.

10.2   By agreement between the employer and employee, leave without pay may be approved where it is sought by a redeployee as a means of exploring career options outside the University labour market. This period of leave without pay will not count as service for any reason. However, the employee’s service shall be deemed continuous and the employee retains the right to accept an offer of severance in accordance with subclause (12) prior to the completion of the period of leave without pay.

10.3   The employer shall provide assistance in the preparation of a resume and applications for employment.

11.   Income Maintenance

11.1   Redeployment to a position which is classified at a lower level than the position previously occupied may only occur if the employee agrees to accept redeployment to such a position.

11.2   An employee who is redeployed to a position which is classified at a lower level than her or his previous classification level shall receive salary maintenance at her or his previous rate of pay for the position into which she or he has been redeployed for a period of 12 months.

11.3   Following this period the employee will be paid at the rate of pay for the position into which she or he has been redeployed.

11.4   For the purpose of subclause (ii) of this clause and paragraph (a) of this subclause the total remuneration shall include allowances which represent:

  1. a relieving allowance that has been paid continuously for 12 months;
  2. an allowance which is paid on a regular basis and would continue to be paid during periods of annual leave and includes special allowances granted through salary progression.

12.   Severance

12.1   Each employee whose position has been identified as being surplus to the University’s requirements and who cannot be found suitable alternative employment and who elects to resign in accordance with subclause 5 or whose employment is terminated in accordance with subclause 6 shall be entitled to the benefits of this clause.

12.2   Severance Pay

Each employee referred to in subclause (1) of this clause shall receive the following severance payment from the employer.

  1. Three weeks’ pay for each completed year of service for the first ten years and two weeks’ pay for each completed year of service for subsequent years to a maximum of 104 weeks. Where an employee has had periods of part time and full time employment their payment will be based on an average of the years worked full-time and the years worked part-time over their whole period of employment;
  2. 4 weeks’ pay at their substantive rate in lieu of notice, provided that in accordance with subclause 7(3) of this Schedule, an employee who does not elect to be redeployed shall receive eight weeks' pay in lieu of notice;
  3. Accrued annual leave entitlements;
  4. Accrued annual leave loading;
  5. Accrued long service leave entitlement;
  6. Pro rata annual leave calculated in accordance with the relevant Award or Industrial Agreement;
  7. Pro rata long service leave;
  8. All accumulated or bank flexitime that cannot be cleared.

13.   Substituted Redeployee

13.1   Where an employee whose position is identified as surplus to requirements is able to carry out the duties and responsibilities of a equivalent position which has not been identified as surplus, the occupant of the equivalent position may with the approval of the employer elect to resign in place of the employee whose position has been identified as surplus to requirements. Where approval is given for this to occur the severance pay entitlements contained at subclause 12 of this clause will apply to the employee who has elected to resign.

14.   Employees To Whom These Provisions Do Not Apply

  1. Employee retired on grounds of ill health.
  2. Employees whose employment is terminated as a consequence of poor performance or misconduct on the part of the employee.
  3. Casual employees.
  4. Any employee who is transferred to alternative duties where such duties are within the limits of the employee’s skill, competence and training.
  5. Employees to whom subclause 15 of this clause applies.
  6. Employees who are on probation.
  7. Employees engaged for a fixed term or for the duration of a specific project.

15.   Restructures

15.1   Where a decision has been made to restructure a work area and positions have been identified as surplus to requirements, the employer shall transfer employees to vacant positions within the work area that are of the same classification and salary. The provisions of subclause 7 of this clause shall not apply in the case of employees transferred to vacant positions under the provisions of this clause.

16.   Dispute Resolution Procedures

16.1   Any dispute between the parties over the applications of these provisions will be dealt with in accordance with the dispute resolution procedures of this Agreement.