Performance Management Policy

FAPS Policies: Performance Management Policy Performance Management Policy National Quality Standard for Early Childhood Education and Care and School Age Care Quality Area 4 Staffing Arrangements Standard 4.2 Educators, coordinators and staff membes are respectful and ethical. Quality Area 7 Leadership and service management Standard 7.3 Administrative systems enable the effective management of a quality service Aim To ensure a fair, uniform and consistent approach to maintaining the high quality teamwork and professionalism of the Preschool staff by implementing a performance management system. Rationale As early childhood professionals, staff are expected to fulfil their roles to the best of their ability, and have a number of responsibilities to uphold. As part of our licensing and accreditation requirement, it is expected that the Preschool effectively manages staff performance to ensure that their responsibilities are met, so that high quality education and care can continue to be provided for all children. It is intended that this policy be used as a tool to help assist management staff identify individual strengths and weaknesses and develop individual goals to improve performance. Rights and Responsibilities Implementation Strategies Staff have the right to specific working conditions as employees of the French-Australian Preschool. These conditions are set out in the French-Australian Preschool Enterprise Agreement 2012-2015, and in the French-Australian Preschool Enterprise Agreement (management) 2011 2014 for management staff. With any right comes responsibility. Preschool staff have a number of responsibilities and expectations to meet with respect to their workplace performance and conduct. These are outlined in the Staff Handbook, as well as in the Code of Conduct in Appendix I of this policy. Performance Management Management will monitor staff on a regular basis to ensure that duties are effectively performed and that compliance with policies, procedures and regulations is consistent. Management are required to resource documentation such as position descriptions and duty statements as a basis for monitoring and reviewing staff performance. These documents will also assist the Preschool s appraisal process (See Appraisal Policy). Management are required to evaluate staff performance and implement individual development plans to support performance improvement (See Appraisal Policy). 1

FAPS Policies: Performance Management Policy Management will develop individual goal plans as a way of providing regular feedback to staff regarding their performance and compliance to policies, procedures and regulations. When non compliance is observed by Management the procedures outlined in appendices I and II will be followed. Managing Underpeformance and Misconduct Staff are required to work towards meeting the Preschool s expectations, which include performance targets established during the appraisal period (See Staff Appraisal Policy). However, if it becomes apparent that a staff member is consistently failing to meet their obligations as outlined in their duties statement and/or performance agreement, the director may be required to make alternative arrangements for the staff member(see appendices I and II). Definition of underperformance and unsatisfactory conduct Underperformance or poor performance can be described in the following ways: Unsastisfactory work performance, that is, a failure to perform the duties of the position or to perform them to the standards required; Non-compliance with workplace policies, rules or procedures; Unacceptable behaviour in the workplace (including breach of confidentiality);or Disruptive or negative behaviour that impacts on co-workers. Unsatisfactory conduct refers to unacceptable behaviour that disrupts the effective operations of the Preschool, but is not considered serious misconduct or a criminal offence e.g. deceptive manipulation. For a procedure on handling misconduct, please refer to Appendix I. Definition of Serious Misconduct Serious misconduct is an offence such as theft, assault, fraud, violence, harassment, a deliberate failure to follow a lawful and reasonable instruction of the Preschool, or any criminal offence. Termination of Employment For information regarding termination procedures please refer to Appendix III. Sources ACT Childcare Services Standards http://www.communityservices.act.gov.au/ data/assets/pdf_file/0011/49826/act_childcare_services _Standards_2009_PDF.pdf The French-Australian Preschool Enterprise Agreement 2012-2015 and The French-Australian Preschool Enterprise Agreement( Management) 2011-2014. http://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/ http://www.fairwork.gov.au/employee-entitlements/managing-performance-and-warnings http://www.acecqa.gov.au/national-quality-framework/the-national-quality-standard Related Policies 2

FAPS Policies: Performance Management Policy Staffing Policy Staff Orientation Grievances Policy Communication Policy Leave Policy Professional Development and Training WHS Policy Clothing and Comfort Policy Health and Care of Sick Children Critical Incidents Policy Developed October 1996 (As staff expectations and working conditions policies) Approved By Board 22 October 1996 Reviewed: January 2011 Changes Approved By Board: 29 th November 2011 Reviewed: August 2014 Approved by Board: August 2014 Next Review: August 2016 3

APPENDIX I FRENCH-AUSTRALIAN PRESCHOOL STAFF CODE OF CONDUCT All staff agree to abide by this code of conduct. The code of conduct is to complement Early Childhood Australia s Code of Ethics, and staff are to read them collectively. As the code of conduct is intended to promote a high level of professional performance, management may refer to it as a tool for assisting performance management, as the key areas outlined are paramount to the successful day to day operations of the Preschool, the provision of quality care and education of children and to define the roles and responsibilities of all staff. This should also be used in conjunction with the Staff Handbook. Policies, Procedures and Regulation All staff will read and apply the Preschool policies and procedures, and participate in the policy review process on a regular basis. Management will ensure that all staff have access to the Preschool s policies and procedures and be notified of any changes as they occur. All staff will familiarise themselves with the National Quality Standard and all related documents that the Preschool is mandated to apply. Staff will base their practices on the values outlined in the Preschool s Philosophy and Goals. Staff are to regularly participate in self-reflection and evaluation to improve performance and the effective operation of the Preschool. Collegiality & Professionalism Staff share the responsibility for effective and efficient delivery of the Preschool and Garderie programs, for which effective communication and teamwork are a priority. For more details please refer to the Preschool s Staff Communication Policy. It it is essential that staff mutually support and respect one another, value each other s strengths and work collaboratively. Any Preschool-related issues or confidential matters are to remain confidential and should only be discussed with appropriate people within the Preschool i.e. management staff, the Board (See Confidentiality Policy). Staff are to dress appropriately to adhere to WHS requirements and as role models. For more information on the standards of staff dress, please refer to the Preschool s Clothing and Comfort Policy. Staff are to make every effort to be on time. Shifts, breaks and the effective delivery of programs are dependent on this. Preschool staff are expected to be at Preschool approximately 10 minutes before class starts to have sufficient time to set up the classroom before the children arrive. No smoking is permitted in the Preschool, the playground, or in proximity of the Preschool or Red Hill Primary school at any time. For more information please refer to the Preschool s Health and Care of Sick Children Policy. Commitment to the Care of Children The Children and Young Persons (Care and Protection) Act 1998 is to be adhered to at all times. Staff are to regard the care of children as their utmost priority. They will ensure that the most essential duties performed pertain to meeting the needs of the children. 4

APPENDIX I The health, wellbeing and education of the child are to be supported and promoted at all times. Children must be adequately supervised by staff. See Supervision Policy. Children will always be treated in a fair, equitable and respectful manner. Commitment to the Preschool Association and the Community The Preschool is to be promoted and maintained as a warm and welcoming environment for families, staff and children. The Preschool is to be represented in a positive manner, and its values, goals and philosophy are to be promoted. Anyone present at the Preschool or working alongside the Preschool should be treated with courtesy and respect. This includes staff, family members, visitors, volunteers etc. Any complaints or conflicts between staff, families or community members are to be dealt with in a constructive and positive manner. Opinions, advice, abilities and knowledge of staff, Board members, families or the community should be valued and respected. Wherever possible, staff are to regularly partake in Preschool events to maintain the promotion of a positive, welcoming community environment. Procedure: Managing Unsatisfactory Conduct Where staff fail to meet the required level of conduct management may decide to implement the following measures of disciplinary action: - Verbal warning - First written warning - Second written warning - Written dismissal letter (See Appendix III: Termination for Serious Misconduct) Written warnings should outline the process of disciplinary action and potential outcomes if the staff member s conduct does not improve to the extent that it adequately meets what is expected of the staff member. On occasions where an employee s misconduct is deemed serious, management may find it unnecessary to issue a verbal warning. 5

APPENDIX II Step 1- Identify issue: What is the issue of concern? Procedure: Managing Underperformance Step 2 - Access and analyse the issue: How serious is the issue? How long has the issue existed? How wide is the gap is between what is expected and what is being delivered? Step 3 - Meeting The Director and/or Assistant Director meet with the employee to discuss the issue in an area that allows for privacy. At this meeting the Director and/or Assistant Director will clearly state what the issue/s is/are; why it is an issue; how it is impacting on the workplace; and why there is a concern Give the staff member an opportunity to respond and explain. Develop a clear written action plan with the employee to implement a solution. The action plan must: 1. Clarify roles and responsibities of the employee, using resources such as Preschool policies, procedures and relevant duty statement 2. Reflect a clear understanding of what is expected from the employee and what has to be achieved by a certain period (performance improvement milestones); 3. Set a secondary meeting date with the employee to review progress and discuss the employee s performance against agreed action plan. 4. Document all discussions relating to underperformance and give a copy to the employee. Management will document all discussions relating to underperformance and give a copy to the employee. The staff member has the right to access relevant training and/or counselling as part of their action plan for improvement. Details will be documented as part of the disciplinary process. Step 4 - Monitor Performance Director and/or Assistant Director will monitor the employee s performance and continue to provide feedback and support. Step 5 Follow Up Meeting Conduct a secondary meeting with the employee to review progress and discuss the employee s performance against agreed action plan. Options for further action includes: - If the agreed action plan has been fully achieved, return to Performance Management Plan. - If agreed action plan has been partially achieved, give a final chance, outline a timeframe to achieve this and consequences if not achieved. - If agreed action planned has not been achieved at all or if underperformance reoccurs the process for termination will be followed (See Appendix III). Step 6 Further Action On expiry of the time allowed, if the desired performance has not been achieved, the Director should give written notification to the staff member confirming the underperformance and that the Board will be informed of the issue. 6

APPENDIX II The preschool management (Director and/or Assistant Director and the Board) may consider one of the following measures: o Restructuring the current position, if possible. o Explore the opportunities of transfer to another position in the Preschool, if possible. o Termination of employment. Employees can have a support person present to assist them in discussions in circumstances where dismissal is possible. 7

APPENDIX III Termination for underperformance Procedure: Termination Where management have exhausted all measures for managing the staff member s performance and results in little to no improvement, they will commence implementing the termination procedure. In the event that an employee s contract is to be terminated then the Board will be informed prior to the termination process commencing. Any documentation written about a staff member that is presented to them as part of a disciplinary action needs to be copied and given to that staff member. The other copy is to go on their file. The Director has the right to consult with relevant agencies in confidence regarding any of the above procedures, whether they are the Union, Children s Services Advisors, Chamber of Commerce or other legal officers. The staff member will be informed of the decision in writing. Termination for Serious Misconduct In order to make any decisions regarding terminating an employee s employment for serious misconduct, management will follow this procedure 1 : 1. Identify the serious misconduct and consider seeking legal advice 2. Discuss the misconduct with the employee 3. Consider the options: Depending on the severity of the misconduct, management may choose to: give the employee a written warning dismiss the person with notice or pay in lieu of notice, or summarily dismiss the person. Management may seek legal advice about the matter before taking any action. 4. Create a letter of termination (Summary Dismissal) 5. Meet with the employee to provide the letter of termination of employment In addition to the above procedure, the French-Australian Preschool Enterprise Agreement 2009-2012 acknowledges Preschool management s rights to the following for instances of misconduct or serious misconduct: o Where an employee is suspected of having engaged in misconduct, the employee may be suspended with or without pay for the purposes of the Preschool conducting an investigation into the alleged misconduct. o An employee s employment may be terminated without notice where an employee engages in serious misconduct as defined by the Fair Work Regulations 2009 (Cth), or the common law. o For the avoidance of doubt and without limiting the Preschool s right to suspend an employee without pay, the Preschool will suspend an employee who is alleged to have engaged in or committed any of the acts defined under serious misconduct (pp.9-10) 1 Sourced from Fair Work Australia s Letter of termination of employment (summary dismissal serious misconduct) template (accessed April 2011). 8