32BDealing with unsatisfactory performance

32B Dealing with unsatisfactory performance

32B Dealing with unsatisfactory performance

(1) If the Secretary is of the opinion that a permanent employee is not performing the employee’s duties in a satisfactory manner, the Secretary may decide to do either or both of the following—

(a) take remedial action with respect to the employee,

(b) take disciplinary action with respect to the employee.

(2) To avoid any doubt, remedial action with respect to a permanent employee is not required to be taken before disciplinary action is taken under this section with respect to the employee.

(3) However, the Secretary may take disciplinary action with respect to a permanent employee under this section only if—

(a) the employee has been placed on a performance improvement plan in accordance with the procedural guidelines and been given a reasonable opportunity to improve his or her performance, and

(b) the Secretary is of the opinion that the employee’s performance is still unsatisfactory.

pt 6, div 3 (ss 32A, 32B): Ins 2006 No 24, Sch 1.3 [5].