(1) La Trobe University is committed to ensuring that assessment of staff employed on probation is fair and equitable. (2) The purpose of this Policy and supporting procedures is to provide academic staff and supervisors with clear guidance of their obligations and the process to be followed during a staff member’s period of probation. (3) This Policy and supporting procedures apply to continuing and fixed-term Academic staff on probation and supervisors of Academic staff on probation. They do not apply to casual staff, Professional staff or staff employed on a Senior Staff Contract. (4) Clause 19 of the La Trobe University Enterprise Agreement 2023 (the EA) also contains provisions relating to the management of Probation at the University. (5) The purpose of a probationary period is to ensure an appropriate match is made between the person, the job and the work environment. It serves as an opportunity for both La Trobe and the new staff member to confirm whether the staff member satisfies the goals and objectives of the position. (6) Probation provides an opportunity to evaluate the staff member’s suitability in terms of: (7) It is not necessary during the probation period to use disciplinary procedures to address performance or conduct concerns. It is important, however, that appropriate probationary procedures are followed to ensure a fair and equitable process. (8) All new Academic staff appointed to a continuing or fixed-term position will normally be required to serve a period of probation. (9) Academic staff appointed to a continuing position with the University are required to complete a three (3) year probation period, unless otherwise specified in their contract of employment. (10) Academic staff appointed to a fixed-term position of five (5) years or more with the University are required to complete a three (3) year probation period, unless otherwise specified in their contract of employment. (11) Academic staff appointed to a fixed-term position of greater than two (2) years with the University are required to complete a twelve (12) month probation period, unless otherwise specified in their contract of employment. (12) Academic staff appointed to a fixed-term position of two (2) years or less with the University are required to complete a six (6) month probation period, unless otherwise specified in their contract of employment. (13) Probation will not usually apply to a second or subsequent fixed-term contract unless the duties of the new position are fundamentally different from the previous fixed-term appointment. Where a supervisor is considering requiring a second period of probation, the supervisor should contact HR Assist for advice before proceeding with that decision. (14) The period of probation may be shortened to a minimum of one year or waived on the recommendation of the Dean/Director and with the approval of the Provost/Deputy Vice-Chancellor. In determining this, consideration will normally take into account service at the University or at other universities, the level at which the appointment is being made and the staff member’s demonstrated experience. (15) In exceptional circumstances an Academic staff member’s probationary period may be extended. Examples of this may include (but not be limited to) prolonged absences due to illness or another form of leave or transfer to other duties for a substantial portion of the probation period. Where a supervisor considers that an extension may be required, the supervisor is required to contact their HR Business Partner for advice. Any extension must be approved by the Executive Director, Human Resources (or nominee) and communicated to the Academic staff member in writing prior to the expiry of the original probation period. (16) The supervisor is responsible for: (17) During the probation period, the supervisor will determine whether the staff member has the right skills, knowledge and attributes to have their employment confirmed. This decision will be made in accordance with clauses 23 to 33 of this Policy and the Probation clause in the EA. (18) The staff member is responsible for: (19) Formal probation review meetings will occur at least annually throughout the probation period with the final probation review to be conducted around 3 months before the end of the probation period (for probation periods of three years). For probation periods of less than three years, the final probation review should be conducted no later than four weeks prior to the end of the probation period. (20) At each probation review meeting: (21) The supervisor will document the discussion and any agreed outcomes in the staff member’s Probation Plan in Career Success. (22) Where a supervisor has any concerns in relation to the performance or behaviour of the staff member at any stage throughout the probationary period, the supervisor should immediately contact their HR Business Partner for further advice and support. (23) Where the supervisor considers the staff member has met their probation goals, at least four weeks prior to the expiry of the probationary period, the supervisor and staff member must complete the Probation Plan in Career Success and the supervisor must submit their recommendation for confirmation of employment to the Dean/Director (or where the Dean/Director is the supervisor, the Provost/Deputy Vice-Chancellor). (24) If the Dean/Director (or Provost/Deputy Vice-Chancellor) approves the supervisor’s recommendation, the staff member will receive email confirmation of the successful completion of their probation period with the University at the end of the probation period. (25) An Academic staff member’s employment may be terminated by the University at any stage during the probation period for any reason, which may include (but not be limited to) unsatisfactory performance, behavioural concerns and misconduct. (26) As per clause 20.4 of the EA, prior to making any decision to terminate a staff member’s employment in probation, the staff member shall be advised of, and given an opportunity to make a written response to any adverse comments/material about the staff member which the University intends to take into account in a decision to terminate the staff member’s employment upon or before the expiry of the probationary period. (27) Where a supervisor has any concerns in relation to the performance or behaviour of the staff member at any stage throughout the probationary period, the supervisor should immediately contact their HR Business Partner for further advice and support. (28) Where a supervisor is considering making a recommendation to terminate the staff member’s employment upon or before the expiry of the probationary period, the supervisor (following advice from their HR Business Partner), will: (29) Where a supervisor decides to recommend terminating the staff member’s employment upon or before the expiry of the probation period: (30) Prior to making the decision, the Provost/Deputy Vice-Chancellor/Vice-Chancellor may seek further clarification from the staff member or the supervisor on any information they provided. (31) In making a decision to terminate a staff member’s employment during the probationary period, the Provost/Deputy Vice-Chancellor/Vice-Chancellor will have regard to whether the procedures set out in the probation policy were followed. (32) Where the Provost/Deputy Vice-Chancellor/Vice-Chancellor has determined that the termination of employment during the probationary period is warranted, the Human Resources Division will provide the staff member with a letter confirming termination of their employment. (33) Except in cases of serious misconduct, where a staff member’s employment is terminated at any stage during the probation period, the staff member will be provided with three months’ notice unless a greater period of notice is specified in their contract of employment. At the discretion of the Executive Director, Human Resources, a payment in lieu of this notice may be made to the staff member. In cases of serious misconduct, the staff member’s employment may be terminated without notice. (34) For the purpose of this Policy:Probation (Academic Staff) Policy - for staff who commenced on or before 30 June 2023
Section 1 - Background and Purpose
Section 2 - Scope
Section 3 - Policy Statement
Section 4 - Procedures
Part A - Period of Probation
Part B - Responsibilities of the Supervisor During Probation
Part C - Responsibilities of the Staff Member During Probation
Part D - Reviews During the Probation Period
Part E - Outcome of Probation – Confirmation of Employment
Part F - Outcome of Probation – Termination of Employment
Section 5 - Definitions
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