New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22J

22J Dealing with unsatisfactory performance

(1) If the appropriate Division Head is of the opinion that a member of staff is not performing the staff member’s duties in a satisfactory manner, the Division Head may decide to do either or both of the following:

(a) take remedial action with respect to the staff member,

(b) take disciplinary action with respect to the staff member.

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

(3) However, the appropriate Division Head may take disciplinary action with respect to a member of staff under this section only if:

(a) the staff member 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 Division Head is of the opinion that the staff member’s performance is still unsatisfactory.