AMENDMENTS:
September 2006
August 2011
December 2011
October 2014 (amendment Director Human Resources)
June 2016
June 2020
August 2023
CONTENTS:
These procedures apply to academic staff employed in accordance with the University of South Australia Enterprise Agreement 2023 (Enterprise Agreement).
These procedures:
The University actively promotes and supports staff career development. This commitment aims to strengthen the performance and capabilities of the University’s workforce and to assist individuals to acquire the skills and knowledge needed for personal growth and professional advancement. Induction, probation, performance development and management and academic promotion are all interdependent components of the University's policy and management practices that give formal expression to this commitment. Implementation of these components is reflected in various ways, including through the following initiatives:
1.1 All academic staff commencing employment with the University of South Australia will be subject to a reasonable period of probation of up to three years. The University may negotiate a longer probationary period with a new academic staff member prior to the commencement of employment in accordance with clause 13.1 a) of the Enterprise Agreement.
1.2 Probation will be managed in accordance with the principles of probation for academic staff policy (HR – 7) and the provisions of the Enterprise Agreement.
1.3 After a period of probation the University may confirm employment.
1.4 The probation period may be terminated by the giving of notice (subject to the conditions in the section on Terminating Employment in these procedures and the provisions of the relevant industrial instrument/s).
A period of probation is an extension of the recruitment and onboarding process and should be implemented in all new appointments. Although the recruitment process should ensure that the selection of the most appropriate candidate occurs, suitability and compatibility may not be fully able to be determined until the candidate has commenced in the role. The probationary period is therefore generally seen as a period where:
For continuing staff, or staff appointed on a second or subsequent fixed term contract, whose initial employment is confirmed and are then appointed to a subsequent position in the University that requires substantially different functions, a further probationary period may be put in place where determined by the University.
Casual staff moving into a continuing or fixed term contract position, will be subject to a probationary period of up to three (3) years.
The staff member's contract of employment must state that a period of probation will be undertaken and the length of this period.
2.1 Length of the Probation Period
On commencement of employment with the University, academic staff members will be engaged on an initial probationary period of up to three (3) years.
The initial probationary period may be varied where the Vice Chancellor (or nominee) decides that no period, or a reduced period of probationary service is required.
The supervisor, upon advice of the Executive Director: People, Talent and Culture and with the approval of the appropriate delegated authority, may negotiate a longer initial probationary period with a new staff member prior to the commencement of employment. The period of probation will have regard to the complexity of the position.
2.2 Fixed term contract staff
Fixed-term employment for academic staff may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.
A fixed term contract that is less than three years for a new academic staff member will contain a probation period for the duration of the contract where that period is considered reasonable. For a fixed term contract of greater than three years, the probation period will be three years where that period is considered reasonable.
Where a staff member engaged on a fixed term contract has served the initial probationary period of up to 3 years and has been subsequently appointed to a further contract that requires substantially different functions, the contract may contain an additional probationary period where determined by the University.
A fixed term contract staff member, who while holding a fixed-term contract of employment in the University, is appointed to a continuing position at the same level and for similar work will have that period of previous employment at that level counted towards the probationary period.
Managing probation effectively benefits both the staff member and the University, allowing both parties to assess, and make determinations about, the employment situation. The guidelines below have been provided as a best practice method of managing the probation relationship.
3.1 Continuing Academic Staff
As the length of probation is a significant period for continuing academic staff, the supervisor should be guided by the principles of performance management and ensure regular feedback is provided throughout the probation period.
Performance and Development Plan
Within a month of commencement with the University the supervisor should establish a performance and development plan (plan) as outlined in the Performance Development and Management Guidelines with the new staff member. This plan should contain defined outcomes and key result areas and take into account current Academic Workload Guidelines and the Minimum Standards for Academic Levels as captured in the Enterprise Agreement. The plan should also address the development needs of the staff member in support of their ability to achieve the expectations.
The staff member should be made aware of the requirements of the position and the supervisor's expectations. During the probation period, the staff member must be provided with regular feedback from their supervisor in accordance with the University's performance development and management framework as they apply to probationary staff, with respect to their capacity to discharge the responsibilities of the position and any other issues that arise during the probationary period. Regular reviews of the plan should occur during the probation period, with formally documented reviews being carried out annually as a minimum.
As part of the plan, the supervisor will establish an induction and development program for the academic staff member. The development program will include:
Staff commencing employment with the University are required to complete the Academic Practice @ UniSA program within their first year of employment. No exemption from participation in the program will be allowed.
For staff with a workload that includes a teaching allocation, reviews will consider evidence of the staff member's effectiveness as a teacher. The staff member will be required to provide evaluation of their teaching context and focus, including student evaluations and the staff member's reflections on the evaluations to be included into the review discussion.
Staff who have a teaching academic workload or a teaching and research academic workload, will be required to undertake a Summative Peer Review of Teaching as part of their probationary period (exceptions to this will only take place in limited circumstances at the discretion of the Executive Dean/Director). Where undertaken, the information will be incorporated into the review discussion.
For staff who have a teaching and research workload or a research only workload, reviews will include consideration of demonstrated evidence of their research performance and knowledge application activity and its effectiveness. This information will be incorporated into the review discussion. This may include consideration of publications, grants received and research collaborations.
Annual Reviews
Reviews of probation are required to be carried out regularly throughout the probation period and annually as a minimum. In the final year a formal review will be conducted no less than six months prior to the conclusion of the probation period to provide reasonable notice to the staff member if there are performance concerns. The formal review may be held at an earlier time if required.
Regular feedback is vital in any performance development and management process so that the staff member is aware of their progress and performance in the role and their ability to satisfy the requirements of the position and make adjustments where necessary.
Academic Probation Committees
Academic Units and University Research Institutes will establish an Academic Probation Committee (committee) to oversee the probation outcomes of all academics on probation within their Academic Unit or Institutes. The committee’s role is to review the progress and performance of the academic staff member throughout the probation period; to identify any development support required and to enable timely decision making on probation confirmation or employment termination. They will provide advice to the supervisor to support the development and progress of an academic staff member. The supervisor will provide reports to the committee regularly throughout the probation period, at a minimum annually, and ultimately will make recommendation on the confirmation of probation or employment termination. Confirmation of employment or termination can be recommended before the end of the probation period, according to the progress of the staff member.
Arrangements for academic staff probation in central administrative support units are outlined below.
Academic Units - An Academic Unit committee will be chaired by the Executive Dean and include the Dean(s) of Programs and Dean of Research. They will consider reports and recommendations from supervisors (including Professorial Leads) within the Academic Unit. The Executive Dean will make the decision on whether to confirm employment. Additional Panel members can be included as nominated by the Executive Dean.
Research Institutes – Each Institute will establish a committee, chaired by the Research Institute Director with a minimum additional membership of three senior academic staff or the Institute’s academic executive team members. The Institute Director will make the decision on whether to confirm employment based on recommendation from academic supervisors within the Institute.
Central Administrative Support Units – Academic staff on probation within central administrative support units will have their probationary period managed locally within the Unit through their supervisor. The supervisor will make recommendation as to whether to confirm employment to the Executive Director/Director who will endorse the recommendation and the request to confirm employment will then be submitted to the Provost & Chief Academic Officer or the Deputy Vice Chancellor: Research and Enterprise (as appropriate) for approval in line with the Vice Chancellor Authorisations (VCAs).
Conflict of Interest
In the event of a conflict of interest for the Executive Dean, Institute Director or Director of a central administrative support unit, the recommendation will be referred to the relevant senior manager and VCA holder, ie the Provost & Chief Academic Officer or the Deputy Vice Chancellor: Research and Enterprise. In the event a Director of a Research Institute or Executive Director/Director of a central administrative support unit declares a conflict, the recommendation will be referred to the VCA holder, ie Chief Academic Officer and Deputy Vice Chancellor: Research and Enterprise.
The Formal Review
The supervisor will conduct a formal final review of the academic staff member’s suitability and performance during the final year of probation no less than six months prior to the end of probation. This review can be held earlier if appropriate.
For staff with a teaching and/or research load, the formal review will include consideration of evidence of the staff member's effectiveness as outlined above, including Summative Peer Review of Teaching as outlined above. The supervisor may consult with other relevant staff (such as the Program Director or Dean) to make this determination. This recommendation is presented to the committee for review and consideration.
Within Academic Units/Research Institutes, the Chair of the committee (Executive Dean; Executive Director/Director as relevant) will determine whether the appointment should be confirmed or a recommendation for termination should be progressed. For academic staff members located within the central administrative support units, the Provost & Chief Academic Officer or the Deputy Vice Chancellor: Research and Enterprise (as appropriate) will determine whether the appointment should be confirmed or a recommendation for termination should be progressed on the recommendation of the Executive Director/Director. For more information, see sections 4 and 5.
Unsatisfactory Performance
It is not necessary for the supervisor to wait until the final year formal review to make a determination about the suitability and performance of the staff member. If the supervisor considers the staff member's performance unsatisfactory at any time during probation, they should discuss it with the staff member as soon as practicable. The supervisor should provide relevant support to enable the staff member to improve their performance and may implement a performance improvement plan that can be progressed with support from People, Talent and Culture (PTC).
If after a period of reasonable assessment and development support the supervisor still regards the staff member's performance as unsatisfactory, they may decide to recommend termination of the staff member's employment in line with these procedures, by presenting their recommendation and supporting materials to the committee (for academic staff members within Academic Units or Research Institutes) or to the Executive Director/Director within the central administrative support units.
Supervisors should ensure that the timing of the formal review, or a determination to confirm or terminate employment at any time, allows sufficient time to advise the staff member and provide an opportunity to respond to any adverse material taken into account in the decision to recommend termination of employment. It is important to consider the requirement to provide the staff member with the appropriate notice period (3 months), if termination of employment is eventually determined as the appropriate probation outcome.
3.2 Fixed Term Contract Academic Staff
Academic staff engaged on a fixed term contract will normally be managed through their probationary period in the same way as a continuing staff member. However, the timelines and the induction program may vary depending on the length of the contract.
Staff at levels A - C on a fixed term contract of one (1) year or more (including research only staff) will be required to complete the Academic Practice @ UniSA program within their first year of employment. No exemption from participation in the program will be allowed.
Fixed-term staff who have a teaching academic workload or a teaching and research academic workload, will be required to undertake a Summative Peer Review of Teaching as part of their probationary period (exceptions to this will only take place in limited circumstances at the discretion of the Executive Dean/Director).
Supervisors should ensure that the timing of the formal review, or determination made at any time to recommend confirmation or termination of employment allows sufficient time to provide the staff member with the appropriate notice period.
Employment may be confirmed if the staff member is deemed suitable for the position after a period of probation is completed. The supervisor will recommend to the delegated authority that the staff member's employment be confirmed via the appropriate committee for academic staff members within the Academic Units/Research Institutes or by the Executive Director/Director and then Provost & Chief Academic Officer/Deputy Vice Chancellor: Research and Enterprise (as appropriate) for academic staff members within central administrative support units. For further details on the appropriate decision-maker within Academic Units, Research Institutes and central administrative support units (for both continuing and fixed term academic staff members), please see “Panel Composition and Decision Making” and “Conflict of Interest” in clause 3.1 of this Procedure.
If the supervisor’s recommendation to confirm employment is approved by the delegated authority, the staff member will be informed that their employment is confirmed, and their probationary period has ended. This must happen prior to the completion of the probation period. Academic staff should receive written advice that their employment has been confirmed. Templates are available from the local PTC Business Partner.
The supervisor must take care to ensure that the completion of the probation period does not pass prior to an appropriate assessment of the staff member's skills and suitability for the position. Once the end date of probation has passed the staff member's employment is confirmed, regardless of whether they have received written or verbal advice. Supervisors should review the regular employee probation end date reports provided by PTC to monitor probation end dates of all line reports and ensure that reviews are conducted in a timely manner.
A fixed probationary period does not require the University to keep a staff member in employment for the whole of the period if it is clear, on reasonable grounds, that the staff member is unsuitable for the position.
If a staff member is deemed unsuitable for a position for reasons of performance, the probationary period may be terminated on the giving of notice. For academic staff members, the required notice period is three months.
Payment may be made in lieu of notice.
Termination of employment can only occur through the process outlined below prior to the end of probation. If termination of employment is necessary after the end of probation has passed, then the disciplinary procedures in the applicable industrial instrument must be followed.
5.1 The process of recommended termination within a probationary period
The staff member should be managed in accordance with the processes as described in these procedures, ensuring that they are provided with appropriate induction and performance management and development support, prior to being deemed unsuitable for the position. Once the staff member is deemed unsuitable the following termination process will commence prior to the end of the probation period, with support from the local PTC representatives:
5.2 Probationary Review Panel
The Provost & Chief Academic Officer or the Deputy Vice Chancellor: Research and Enterprise will establish a Probationary Review Panel to review the recommendation for termination of employment and the process undertaken by an Academic Unit or Institute committee.
If the Provost & Chief Academic Officer is directly recommending termination of employment, then the Probationary Review Panel will be convened by the Deputy Vice Chancellor: Research and Enterprise and vice versa.
The Chair will advise the staff member of the composition of the panel which will comprise:
The same approach will be taken in the event recommendation of termination of employment is made by a supervisor within a central administrative support unit. The Executive Director/Director will determine whether to endorse the decision and if the recommendation is endorsed, it will be sent to the Provost & Chief Academic Officer or Deputy Vice Chancellor: Research and Enterprise and they will convene a panel as outlined above with members drawn from the professoriate as appropriate.
The Panel will provide the staff member with at least seven calendar (7) days’ notice of its intention to meet to consider the recommendation for termination of employment. At the same time the staff member will be provided with a copy of the supervisor’s report containing the recommendation and any additional information considered by the committee and be invited to provide, prior to the meeting, any material that the staff member considers relevant to the recommendation to terminate their employment.
The Panel may request further information and/or interview the Executive Dean/ Director of Research Institute/Director of Unit/supervisor/and/or staff member as part of its consideration of the matter. If invited to meet with the Panel, the staff member may be accompanied by an academic colleague upon request.
On consideration of all supporting materials, the Probationary Review Panel will provide a recommendation to the relevant delegated authority to extend probation or recommend to the Vice Chancellor that the staff member’s employment is terminated. The staff member shall be advised of the recommendation of the Panel.
Any extension of the probationary period is subject to the approval of the Executive Director: People, Talent and Culture and the agreement of the staff member.
Any request for approval to extend probation, having first been considered and endorsed by the appropriate committee/delegated authority, is to be submitted to the Executive Director: People, Talent and Culture for approval with reasonable time available prior to the probation end date.
Where there are concerns relating to misconduct or serious misconduct during the probation period, the provisions in the applicable industrial instrument regarding misconduct/serious misconduct will apply, unless the industrial instrument indicates otherwise.
Staff members are referred to procedures contained in the applicable industrial instrument (Collective/Agreement, contract of employment or legislation) with respect to grievances arising out of the academic probation process.
The supervisor is responsible for:
All academic staff are expected to:
The local PTC Business Partner is responsible for:
Supervisors and staff may seek further advice from: