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Policy Name Performance Management

Publication Date: 10/02/2021 Classification Organisational Policy Categorisation People and Learning Review Frequency: 3 years Review Date: 10/01/2024 Responsible Officer: Chief People and Capability Officer Version (Revision Number): 1.1

1. PURPOSE

This document sets out the West Arnhem Regional Council’s policy on employee performance management, including Council’s approach to employee performance development and review, managing employee underperformance, and managing employee misconduct and discipline.

2. SCOPE

This policy applies to all employees of Council.

3. DEFINITIONS

In the context of this policy the following definitions apply:

Employee means all employees of Council, whether employed on a permanent, fixed term or casual basis.

Serious misconduct means when an employee causes serious and imminent risk to the health and safety of another person or to the reputation of Council, or deliberately behaves in a way that is inconsistent with continuing their employment.

Underperformance is where an employee is not meeting the expected performance outcomes of their role.

Workplace means any Council premises, or park, reserve, vehicle, plant or any other Local Government. building or physical asset where work is being undertaken on behalf of Council and/or by Council employees.

4. POLICY STATEMENT

Council’s policy on employee performance management reflects Council’s commitment to meeting its obligations under the Local Government Act and work health and safety legislation, and to treating all employees fairly and with respect.

Performance Development and Review

Council recognises that skilled and engaged employees are critical to Council’s ability to deliver the best possible services across its communities and to achieve its goals and strategic objectives. To support the

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development of its workforce, Council is committed to:

• Creating a culture where performance development is planned and reviewed to build an innovative and high performing workforce.

• Fostering an environment of engagement where employees have regular, quality, future focused conversations about expectations of their behaviour, performance, capability development, career aspirations and goals.

• Recognising individual skill development, capabilities and achievements.

• Identifying individual development needs and supporting employees to undertake development activities that build their capabilities, enabling them to perform at their best and grow in their role.

• Encouraging employees at all levels to adopt leadership behaviours.

• Embedding a reflective and supportive culture that prioritises continuous improvement in workforce capability and service delivery.

• Ensuring fair and consistent performance assessments across Council.

The Council performance development and review process consists of three components:

1. Planning: Clarification of performance and behaviour expectations.

2. Monitoring: Monitoring performance with regular check-ins, and providing support, including coaching and feedback.

3. Review: Reviewing progress and recognising achievement.

Responsibilities

It is the joint responsibility of employees and supervisors to engage in, and complete, performance development and review processes as outlined in the Council Performance Development and Review Procedure.

Performance Review Points

Depending on the type of role, a Probationary Period Plan may be developed by the supervisor in consultation with the employee within the first two weeks of them commencing work with Council.

All new employees will have their performance reviewed at monthly intervals, until the end of their probationary period.

An annual performance review will be conducted for all employees except where an employee is still on probation. The performance review cycle period is generally 1st July to 30th June the following year. The performance review period may be less than 12 months to fit into the performance review cycle.

If an employee considers the outcome of a performance review (or the management of the performance review process) unfair, they should discuss this with their supervisor or Manager. If the matter remains unresolved they can lodge a grievance as per the Employee Grievance Resolution Procedure.

Management of Underperformance

Council aims to maintain an effective performance management system that develops employee skills and morale. It understands that in most instances, employees that are underperforming want to improve but may require support. Where there are issues of underperformance Council is committed to working in partnership with the employee so they can commence performing to the expected level of their role.

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Where it is identified that an employee’s performance does not meet Council’s expectations (including when an employee is on probation) they should be handled in accordance with the Managing Underperformance Procedure. Where an annual performance review is due, then the annual review meeting should be deferred until the performance related issues are resolved. Underperformance issues should never be raised in the first instance in the annual performance review meeting.

Where there are concerns of a conduct/behaviour nature, these should be dealt with in accordance with the management of misconduct and discipline provisions outlined in this policy (see below).

The principles of natural justice and procedural fairness will be applied in the management of underperformance. This means that:

• The employee will be informed of the performance concern/s and provided with specific examples, explaining how they are underperforming and how it affects Council and its clients.

• The employee will be provided with the opportunity to provide an explanation.

• Personal circumstances including lack of skill or access to training opportunities will be considered.

• The employee’s supervisor in consultation with the employee will develop a Performance Action Plan (PAP) to address the performance issues.

• A review of the performance against the PAP will be conducted.

Where there is continued underperformance, disciplinary action including the termination of employment may be taken in accordance with the management of misconduct and discipline provisions outlined in this policy (see below).

Where an employee considers they have been treated unfairly in the management of underperformance they can lodge an employee grievance in accordance with the Grievance Resolution Policy.

Management of Misconduct and Discipline

Council aims to maintain a fair and positive working environment where employees act in accordance with its values and code of conduct. Council’s Code of Conduct (employees) outlines the expected standards of behaviour by its employees. Council will not tolerate behaviour that breaches its Code of Conduct or other policies such as expectations outlined in the Anti-Discrimination, Bullying and Harassment in the Workplace Policy, Drug and Alcohol Use in the Workplace Policy, and Inclusion and Diversity Policy, and will respond appropriately which may include the undertaking of disciplinary action.

The type of disciplinary action taken will be based on the seriousness of the breach, the employee’s response and if the employee has had any prior disciplinary action taken against them by Council during their employment.

Disciplinary actions may include but are not limited to counselling and/or coaching, formal warning and the termination of employment. These actions may not be followed sequentially.

The employee’s supervisor will always consult with the relevant Executive and the People and Learning Manager prior to undertaking any disciplinary action. Issuing formal written warnings and the termination of employment must be approved by the Chief Executive Officer (CEO). Authority for termination rests only with the CEO.

An employee who is the subject of a counselling, coaching or disciplinary process has the right to appropriate representation.

Counselling and/or coaching may be appropriate where the concerns have not been raised with the employee before and/or are not of a serious nature.

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Instances where an employee may receive a formal written warning includes but is not limited to:

• Where there is insufficient improvement in behaviour/conduct following a counselling session.

• Where the inappropriate behaviour is of a serious nature and a coaching session may not be appropriate.

• After completion of the Performance Action Plan as outlined in the Managing Underperformance Procedure and the employee’s performance has not improved to the expected level.

Any disciplinary action will be in accordance with the principles of procedural fairness and natural justice as outlined in the Undertaking Disciplinary Action Procedure and the Managing Underperformance Procedure.

Termination of Employment

In cases of serious misconduct, the CEO may consider termination of employment.

Examples of serious misconduct may include but are not limited to:

• Threatened or actual assault of another employee, contractor, visitor or individual connected with Council.

• Being drunk or under the influence of an illicit drug while on duty.

• Making an offer to sell illegal drugs at the workplace.

• Damage, misuse or acts of dishonesty in relation to Council property or facilities.

• Bullying, abuse or sexual harassment.

• Deliberately disregarding a requirement under Work Health and Safety legislation.

• Serious and deliberate violation of a Council policy.

• Refusal to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment.

• Theft.

• Fraudulent actions.

• Conviction for transporting, selling or providing alcohol and/or illegal substances into communities where the substance is not permitted.

In matters of serious misconduct, the CEO has authority to suspend an employee with or without pay or take other action including reduction in position within the Council, pending completion of enquiries and determination into a disciplinary matter.

Where an employee considers that they have been treated unfairly in the disciplinary process they can lodge a grievance in accordance with the Grievance Resolution Policy.

5. Responsibilities

The Chief People and Capability Officer is the Policy Custodian for this policy and is responsible for reviewing the operation of the policy (every 3 years or more frequently as may be required), and for monitoring continuing relevance, effectiveness, and consistency with related documents and the Law.

Following approval of this policy document, the Chief People and Capability Officer (or a nominated delegate) is also responsible for ensuring that the implementation and communication plan is implemented and that all Council employees have access to the policy.

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6. Related Documents

Legislation and References Local Government Act (NT) Work Health and Safety (National Uniform Legislation) Act 2011 (NT) Work Health and Safety (National Uniform Legislation) Regulations (NT) Fair Work Australia Act 2009 (Cwth) Policy documents Anti-Discrimination, Bullying and Harassment in the Workplace Policy Drug and Alcohol Use in the Workplace Policy Inclusion and Diversity Policy Grievance Resolution Policy Procedures Employee Grievance Resolution Procedure Managing Underperformance Procedure Performance Development and Review Procedure Undertaking Disciplinary Action Procedure Instructions, tools, guidelines, forms and templates Code of Conduct (Employees) Performance Action Plan Performance Development Plan Probation Period Plan Form