Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this section, the performance of an employee is substandard if and only if
the employee does not, in the performance of the functions that he or she is
required to perform, attain or sustain a standard that a person may reasonably
be expected to attain or sustain in the performance of those functions.
(2) Without limiting
the generality of the matters to which regard may be had for the purpose of
determining whether or not the performance of an employee is substandard,
regard —
(a)
shall be had —
(i)
to any written selection criteria or job specifications
applicable to;
(ii)
to any duty statement describing; and
(iii)
to any written work standards or instructions relating to
the manner of performance of,
the functions the
employee is required to perform; and
(b) may
be had —
(i)
to any written selection criteria or job specifications
applicable to;
(ii)
to any duty statement describing; and
(iii)
to any written work standards or instructions relating to
the manner of performance of,
functions similar to
those functions.
(3) Subject to
subsections (4), (5) and (6), an employing authority may, in respect of
one of its employees whose performance is in the opinion of the employing
authority substandard for the purposes of this section —
(a)
withhold for such period as the employing authority thinks fit an increment of
remuneration otherwise payable to that employee;
(b)
reduce the level of classification of that employee; or
(c)
terminate the employment in the Public Sector of that employee.
(4) The Governor may,
on the recommendation of the Minister of the Crown responsible for the
relevant public sector body, terminate the employment in the Public Sector of
an employee —
(a) who
was appointed to his or her employment by the Governor; and
(b)
whose performance is in the opinion of his or her employing authority
substandard for the purposes of this section.
(5) If an employee
does not admit to his or her employing authority that his or her performance
is substandard for the purposes of this section, that employing authority
shall, before forming the opinion that the performance of the employee is
substandard for those purposes, cause an investigation to be held into whether
or not the performance of the employee is substandard.
(6) If an employee to
whose performance this section is applied is a chief executive
officer —
(a) the
reference in subsection (4) to the Minister of the Crown responsible for
the relevant public sector body shall be taken to be a reference to the
Minister; and
(b) an
investigation held under subsection (5) into whether or not the
performance of the chief executive officer is substandard shall take the form
of an assessment referred to in section 48(1)(d), and for that purpose
section 48(1)(d) and (2) applies to and in relation to the chief
executive officer as if references to non-recommendation of reappointment or
to removal from office were references to termination of the employment in the
Public Sector of the chief executive officer under subsection (4).