1 Policy Statement

Where an employee has received notification that their position is no longer required by the University, the employee may apply to the Vice-Chancellor to seek redeployment to a suitable vacant position within the University, or receive a redundancy payment based on age and length of service.

(Approved by Chancellor's Committee on behalf of Council, November 2005)

2 Principles

The University may review its structure and operations for reasons which may include, but are not limited to, reasons of an economic, technological, structural or similar nature:

• A decrease in student load in any employee program or course, or combination or mix of programs or courses, conducted on one or more campuses;

• A decision to stop offering, or to vary the employee content of any program or course, or combination or mix of programs or courses, conducted on one or more campuses;

• Financial exigency within an organisational unit or cost centre; and

• Changes in technology or work methods.

Normally, where an employee is notified under these procedures that their position is no longer required by the University, the employee must not seek re-employment in either casual, fixed term, or continuing modes for a minimum period of two years.

3 Procedures

3.1 Voluntary severance

The University may call for expressions of interest from all employees interested in taking voluntary severance.

When expressions of interest are called, a period of eight weeks will be allowed during which an employee can make an application for voluntary severance.  This period will be known as the ‘voluntary severance application period' and during this period the following applies:

• An employee may make an application at any time within the eight week ‘voluntary severance application period'.

• The Vice-Chancellor will have the discretion to accept or not to accept any employee's application for voluntary severance, and will provide the employee with reasons for not accepting the application

• When an application is accepted by the Vice-Chancellor, consultation with the employee will occur to determine a termination date. An employee may be assisted by a nominated representative.

• The ‘residual of the voluntary severance application period' is the period of time remaining in the eight week ‘voluntary severance application period' after the employee's expression of interest is lodged with the Executive Director, Human Resources.

An employee whose application for voluntary severance is accepted by the Vice-Chancellor, is entitled to the relevant voluntary severance benefit based on age and length of service, which is calculated by combining the relevant notice periods from the tables below (up to a maximum of 66 weeks).

a. Age based scale for voluntary severance

b. Length of service scale for voluntary severance

Where an employee submits an application for voluntary severance which is accepted by the Vice-Chancellor, the employee is entitled to a voluntary severance benefit payment which is the sum of the voluntary severance benefit (up to a maximum of 66 weeks) and the ‘residual of the voluntary severance application period'; or the balance of the employee's fixed term appointment, whichever is the shortest.

An employee who submits an application for voluntary severance which is accepted by the Vice-Chancellor, is eligible for payment of long service leave in proportion to the employee's length of service with the University.

All voluntary severance payments will be calculated on the employee's salary (including fortnightly paid award based allowances and loadings) at the date of ceasing employment.

3.2 Redundancy

Prior to making a decision in relation to substantial organisational change the University will consult in accordance with Clause 28.3 Introduction of Organisational Change of the Enterprise Agreement 2010 – 2013, where it is likely that the change will result in or or more positions being made redundant.

The University will notify an employee/s and their nominated representative, that their employment will terminate on the grounds of redundancy.  

After an initial eight week transition period, the employee may apply to the Vice-Chancellor for redeployment to suitable vacant position within the University, and/or a review of the decision to terminate the employment.

A ‘suitable vacant position' means a position at the same classification level as the employee, for which the employee has the skills and qualifications to undertake.

Where an employee receives notification of redundancy the employee is entitled to a redundancy benefit based on age and length of service, up to a maximum of 66 weeks, calculated by combining the relevant notice periods from the tables below.

Age based scale for redundancy

Length of service scale for redundancy

An employee may apply to work all or part of the period equivalent to the number of weeks of the redundancy benefit period. If there are suitable duties for the employee to perform which will result in sufficient work being available to occupy the time fraction on which the employee is employed, the University will use its best efforts to allow this to occur.  This may be either work the employee has been engaged in previously or work designed to retrain the employee.  If the University has no work for the employee to perform, the employee will receive payment in lieu of the ‘redundancy benefit'.

An eight week ‘transition period' will begin immediately upon written notification of redundancy being given to the employee.  By the expiration of two weeks from the beginning of the transition period, the employee must indicate to the University which of the following options for separation they choose: to elect early separation and include the balance of the ‘transition period' in the employee's redundancy benefits; or to apply to the Vice-Chancellor for a review of the decision to terminate the employee's employment and/or to seek redeployment within the University.

3.3 Early separation

An employee who has been given notice may decide to include the balance of the transition period in their redundancy benefits, in which case the employee will receive upon termination:

• Payment in lieu of salary for the unexpired portion of the eight week ‘transition period'; and

• Payment of the relevant ‘redundancy notice benefit'; and

• Payment of long service leave in proportion to the employee's length of service with the University.

The sum payable to an employee in accordance with paragraph 1 in section 3.3 will not exceed the salary that would be payable if the employee continued in employment to the expiry date of a fixed term appointment.

All redundancy payments will be calculated on the employee's salary (including fortnightly award based allowances and loadings) at the date of ceasing employment.

3.4 Review

An employee who has been given notice may apply to the Vice-Chancellor within two weeks of such notice, for a review of the decision to terminate the employee's employment, on the grounds that the University did not act fairly or properly in making the decision to terminate, or that the rules of natural justice were not applied, or that the decision was discriminatory.

Upon receiving such an application, the Vice-Chancellor will establish a Redundancy Review Panel to investigate the process leading to the decision to terminate within seven days.  The composition of the Redundancy Review Panel is as follows:

• An employee nominated by the Vice-Chancellor; and

• An employee nominated by the employee representatives on the Staff Consultative Committee.

A Review Panel member has an obligation to advise of any conflict/s or potential conflict/s of interest that may undermine the application of natural justice and procedural fairness.

The Redundancy Review Panel:

• must report to the Vice-Chancellor within three weeks, whether the University acted fairly, properly and under the rules of natural justice in making the decision to terminate, including whether the decision was in any way discriminatory;

• will provide the employee adequate opportunity to put forward a verbal or written submission and will conduct the investigation in an informal manner; and

• may access relevant documents if required.

The Redundancy Review Panel will make recommendations to the Vice-Chancellor who will consider the recommendations and make a determination as to an appropriate course of action.

3.5 Redeployment process

If the employee seeks redeployment, the University will provide the employee and, where the employee chooses, their nominated representative with all relevant details regarding redeployment.

The University will take into account the relevant skills, experience and work preference of the employee and may take action which includes, but is not limited to, the following:

• Examine options for re-training;

• Examine measures that could be taken to avoid termination;

• Arrange counselling for the employee as required;

• Monitor all vacancies within the University;

• Offer the employee redeployment to a ‘suitable vacant position' at the same classification level, where such a position exists.  An employee may be given a reasonable amount of time to update skills and experience to undertake the duties of the position.  This will not normally exceed a six month period;

• Offer the employee redeployment to a position at a lower level classification level which the employee has the skills and qualifications to undertake.  A reasonable amount of time may be taken into account, if an employee needs to update skills and experience to undertake the duties of the position, but this will not normally be greater than six months.  Where the position offered is of a lower classification level, the employee will receive formal notice that the employee's salary will be maintained at the higher level for a period of six weeks after which it will revert to the classification level of the position occupied.

• Other action as deemed appropriate by the Vice-Chancellor.

3.6 Failure of review or redeployment

If the employee elects redeployment and subsequently fails to be redeployed to a suitable vacant position, or fails in the review application, the employee will, at the completion of the eight week transition period (or 10 weeks if the Vice-Chancellor elected to extend the time frame), either:

1. Begin working out the period equivalent to the number of weeks of the redundancy benefit period where it has been agreed in accordance with 3.2 5^th paragraph above; or

2. Cease employment and receive:

   • Payment in lieu of the ‘redundancy benefit' prescribed in 3.2 4^th paragraph; and

   • Payment of long service leave in proportion to the employee's length of service with the University.

The sum payable to an employee in accordance with option ii above (ie ceasing employment) will not exceed the salary that would be payable if the employee continued in employment to the expiry date of a fixed term appointment.

All payments under option ii above (ie ceasing employment) above will be calculated on the employee's salary (including fortnightly award based allowances and loadings) at the date of ceasing employment.

4 Other Policy Information