Your Local Land Services Delegates have been reporting an increase in misconduct and performance improvement procedures and some confusion about members’ rights throughout this process.
Essentially all employees have a right to procedural fairness, regardless whether allegations are of misconduct or of poor performance. This endeavours to ensure the respondent to allegations:
is clear about the allegations they are to respond to
In regard to alleged poor performance and the development of a performance improvement plan, important points to consider are:
It should be noted the requirements under the GSE Act and Rules are more defined for ongoing employees and unfortunately fixed term employees and those on probation have extremely limited rights of appeal against dismissal. This should not, though, take away the inherent right of a fair process for everybody.
The above information is only preliminary. It is recommended that you seeking further advice from the PSA if you are subject to matters of misconduct or poor performance. You should also request the appropriate policy from the employer relating to these matters. Whilst employees are advised to keep matters confidential this does not preclude their involving the union.