Common use of Unsatisfactory Performance Clause in Contracts

Unsatisfactory Performance. If the teaching, counseling or librarian performance of an adjunct entitled to a good faith offer is deemed unsatisfactory or inadequate by the appropriate Xxxx, that Xxxx will meet with the adjunct to discuss their performance. The Union shall be notified of such meetings in a timely manner and the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes that the adjunct’s performance is unsatisfactory based on a classroom observation or counselor/librarian observation, the Xxxx or Associate Xxxx must observe the adjunct prior to delivering the unsatisfactory evaluation. (In the case of librarians and counselors, the Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluation.) The parties acknowledge, however, that the College may use information other than classroom/counselor/librarian observations by a Xxxx or Associate Xxxx (or a Xxxx or Executive Director in the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployed.

Unsatisfactory Performance. If (a) It is recognised that where performance concerns have been identified in a professional development meeting undertaken in accordance with subclause 27.0(a) above, the teachingareas of performance concern should be recorded in writing and provided to the employee if those discussions are to be relied upon for the purposes of this clause. (b) Unsatisfactory performance concerns will initially be addressed by the supervisor consistent with the position description, counseling the classification of the employee and the expectations appropriate to the discipline, which have been developed following the engagement and consultation of all academic staff in the Faculty. At this initial stage the supervisor will make reasonable efforts to resolve unsatisfactory performance concerns through measures such as guidance, counselling and the requirement to undertake appropriate developmental activities or librarian a particular work allocation, before commencing action under subclause 24.2 (c). (c) Where a supervisor is of the view that the performance of an adjunct entitled employee is not satisfactory, the supervisor must: (i) inform the employee that action is being taken in accordance with this clause; (ii) advise the employee on the nature of the improvement required and the time within which reasonable improvement is expected; (iii) take into account any mitigating circumstances, or other relevant matters (which include but are not limited to reasonable accommodation or adjustment for disability or carers’ responsibilities) which the employee may bring to the attention of the supervisor; and (iv) make a good faith offer is deemed unsatisfactory or inadequate by record of the appropriate Xxxxadvice given and provide a copy to the employee of any relevant performance improvement plan. (d) Where a supervisor believes that the processes referred to above have not produced the desired improvements in performance, that the supervisor will make a report (“the Supervisor’s Report”) to the Xxxx and, at the same time, provide a copy to the employee. The employee may choose to make a response to the Supervisor’s Report to the Xxxx within five working days of receipt of the Supervisor’s Report. (e) Following the receipt of the Supervisor’s Report, the Xxxx will meet with the adjunct employee and will give the employee an opportunity to discuss speak to their performanceresponse prior to determining what action, if any, to take. The Union shall be notified of such meetings in a timely manner and At this point, the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes employee may also request that the adjunctXxxx seek input from up to three of the employee’s performance is unsatisfactory based on a classroom observation or counselor/librarian observationpeers in the Faculty. (f) After taking into account any response provided by the employee, including any mitigating circumstances and any comments by the employee’s academic peers, the Xxxx may decide to either refer the matter back to the supervisor for a further review period in accordance with subclause 28.2(c) or Associate Xxxx must observe provide a report (“Xxxx’x Report”) to the adjunct prior Deputy Vice-Chancellor. The Xxxx’x Report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to delivering remedy the unsatisfactory evaluationperformance. (g) The Xxxx will provide the employee with a copy of the Xxxx’x Report at the time it is submitted to the Deputy Vice-Chancellor. The employee will be entitled to 10 working days to submit a written response to the Xxxx’x Report to the Deputy Vice-Chancellor and which may include submissions on appropriate disciplinary action. (In h) Having considered process, timeframes and the case of librarians and counselorsemployee’s response, the Deputy Vice- Chancellor xxx then decide to take any of the following action and will advise the employee in writing of their decision: (i) take no further action; or (ii) refer the matter back to the supervisor or Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluation.) The parties acknowledge, however, to ensure that the College may use information other than classroom/counselor/librarian observations by process referred to in this clause is complied with in substance and in a Xxxx or Associate Xxxx manner appropriate to the circumstances; or (or a Xxxx or Executive Director in iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi) above; or (iv) recommend to the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College Vice-Chancellor that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployedemployee’s employment should be terminated.

Unsatisfactory Performance. If (a) A supervisor will make all reasonable efforts to resolve unsatisfactory performance issues at an early stage through measures such as guidance, counselling and the teachingrequirement to undertake appropriate developmental activities or particular work allocation, counseling or librarian before a matter is referred to the Xxxx. (b) Where a supervisor is of the view that the performance of an adjunct entitled employee is not satisfactory, the supervisor must: (i) inform the employee that action is being taken in accordance with this clause; (ii) advise the employee on the nature of the improvement required and the time within which reasonable improvement is expected; and (iii) make a record of the advice given and provide a copy to the employee. (c) Where a good faith offer is deemed unsatisfactory or inadequate by supervisor believes that the appropriate Xxxxprocesses referred to above have not produced the desired improvements in performance, that the supervisor will make a report (“the Supervisor’s Report”) to the Xxxx and, at the same time, provide a copy to the employee. The employee may choose to make a response to the Supervisor’s Report to the Xxxx within five (5) working days of receipt of the Supervisor’s Report. (d) Following the receipt of the Supervisor’s Report, the Xxxx will meet with the adjunct employee and will give the employee an opportunity to discuss speak to their performanceresponse prior to determining what action, if any, to take. The Union shall be notified of such meetings in a timely manner and At this point, the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes employee may also request that the adjunctXxxx seek input from up to three (3) of the employee’s performance is unsatisfactory based on a classroom observation or counselor/librarian observationpeers in the Faculty. (e) After taking into account any response provided by the employee, including any mitigating circumstances and any comments by the employee’s academic peers, the Xxxx may decide to either refer the matter back to the supervisor for a further review period in accordance with subclause 29.2(b) or Associate Xxxx must observe provide a report (“Xxxx’x Report”) to the adjunct prior Deputy Vice-Chancellor. The Xxxx’x Report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to delivering remedy the unsatisfactory evaluationperformance. (f) The Xxxx shall provide the employee with a copy of the Xxxx’x Report at the time it is submitted to the Deputy Vice-Chancellor. The employee shall be entitled to ten (In 10) working days to submit a written response to the case of librarians Xxxx’x Report Deputy Vice-Chancellor and counselorswhich may include submissions on appropriate disciplinary action. (g) Having considered process, timeframes and the employee’s response, the Deputy Vice- Chancellor xxx then decide to take any of the following action and will advise the employee in writing of their decision: (i) take no further action; or (ii) refer the matter back to the supervisor or Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluation.) The parties acknowledge, however, to ensure that the College may use information other than classroom/counselor/librarian observations by process referred to in this clause is complied with in substance and in a Xxxx or Associate Xxxx manner appropriate to the circumstances; or (or a Xxxx or Executive Director in iii) take disciplinary action consistent with subclauses 29.1(b)(i)-(vi) above; or (iv) recommend to the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College Vice-Chancellor that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployedemployee’s employment should be terminated.

Unsatisfactory Performance. If (a) An academic supervisor will make all reasonable efforts to resolve unsatisfactory performance issues at an early stage through measures such as guidance, counselling and the teachingrequirement to undertake appropriate developmental activities or particular work allocation, counseling or librarian before a matter is referred to the Xxxx. (b) Where a supervisor is of the view that the performance of an adjunct entitled employee is not satisfactory, the supervisor must: (i) inform the employee that action is being taken in accordance with this clause; (ii) advise the employee on the nature of the improvement required and the time within which reasonable improvement is expected; and (iii) make a record of the advice given and provide a copy to the employee. (c) Where a good faith offer is deemed unsatisfactory or inadequate by supervisor believes that the appropriate Xxxxprocesses referred to above have not produced the desired improvements in performance, that the supervisor will make a report (“the Supervisor’s Report”) to the Xxxx and, at the same time, provide a copy to the employee. The employee may choose to make a response to the Supervisor’s Report to the Xxxx within 5 working days of receipt of the Supervisor’s Report. (d) Following the receipt of the Supervisor’s Report, the Xxxx will meet with the adjunct employee and will give the employee an opportunity to discuss speak to their performanceresponse prior to determining what action, if any, to take. At this point the employee may also request that the Xxxx seek input from up to three (3) of the employee’s peers in the Faculty. (e) The Xxxx, after taking into account any response provided by the employee including any mitigating circumstances and any comments by the employee’s academic peers, may decide to either refer the matter back to the supervisor for a further review period in accordance with subclause 21.1(b) or provide a report (“the Xxxx’x Report”) to the Deputy Vice-Chancellor. The Union Xxxx’x Report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to remedy the unsatisfactory performance. (f) The Xxxx shall provide the employee with a copy of the Xxxx’x Report at the time it is submitted to the Deputy Vice-Chancellor. The employee shall be notified of such meetings entitled to 10 working days to submit a written response to the Deputy Vice-Chancellor. (g) Having considered process, timeframes and the employee’s response, the Deputy Vice- Chancellor may then decide to: (i) take no further action; or (ii) refer the matter back to the supervisor or Xxxx to ensure that the process referred to in this clause (21.1) is complied with in substance and in a timely manner and appropriate to the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes circumstances; or (iii) take disciplinary action consistent with clause 21.0(b)(i)-(vi) above; or (iv) recommend to the Vice-Chancellor that the adjunctemployee’s performance is unsatisfactory based on a classroom observation or counseloremployment should be terminated. and will advise the employee in writing of his/librarian observation, the Xxxx or Associate Xxxx must observe the adjunct prior to delivering the unsatisfactory evaluation. (In the case of librarians and counselors, the Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluationher decision.) The parties acknowledge, however, that the College may use information other than classroom/counselor/librarian observations by a Xxxx or Associate Xxxx (or a Xxxx or Executive Director in the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployed.

Unsatisfactory Performance. If (a) A supervisor will make all reasonable efforts to resolve unsatisfactory performance issues at an early stage through measures such as guidance, counselling and the teachingrequirement to undertake appropriate developmental activities or particular work allocation, counseling or librarian before a matter is referred to the Xxxx. (b) Where a supervisor is of the view that the performance of an adjunct entitled employee is not satisfactory, the supervisor must: (i) inform the employee that action is being taken in accordance with this clause; (ii) advise the employee on the nature of the improvement required and the time within which reasonable improvement is expected; and (iii) make a record of the advice given and provide a copy to the employee. (c) Where a good faith offer is deemed unsatisfactory or inadequate by supervisor believes that the appropriate Xxxxprocesses referred to above have not produced the desired improvements in performance, that the supervisor will make a report (“the Supervisor’s Report”) to the Xxxx and, at the same time, provide a copy to the employee. The employee may choose to make a response to the Supervisor’s Report to the Xxxx within five (5) working days of receipt of the Supervisor’s Report. (d) Following the receipt of the Supervisor’s Report, the Xxxx will meet with the adjunct employee and will give the employee an opportunity to discuss speak to their performanceresponse prior to determining what action, if any, to take. The Union shall be notified of such meetings in a timely manner and At this point, the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes employee may also request that the adjunctXxxx seek input from up to three (3) of the employee’s performance is unsatisfactory based on a classroom observation or counselor/librarian observationpeers in the Faculty. (e) After taking into account any response provided by the employee, including any mitigating circumstances and any comments by the employee’s academic peers, the Xxxx may decide to either refer the matter back to the supervisor for a further review period in accordance with subclause 28.2(b) or Associate Xxxx must observe provide a report (“Xxxx’x Report”) to the adjunct prior Deputy Vice-Chancellor. The Xxxx’x Report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to delivering remedy the unsatisfactory evaluationperformance. (f) The Xxxx shall provide the employee with a copy of the Xxxx’x Report at the time it is submitted to the Deputy Vice-Chancellor. The employee shall be entitled to ten (In 10) working days to submit a written response to the case of librarians Xxxx’x Report Deputy Vice-Chancellor and counselorswhich may include submissions on appropriate disciplinary action. (g) Having considered process, timeframes and the employee’s response, the Deputy Vice- Chancellor xxx then decide to take any of the following action and will advise the employee in writing of their decision: (i) take no further action; or (ii) refer the matter back to the supervisor or Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluation.) The parties acknowledge, however, to ensure that the College may use information other than classroom/counselor/librarian observations by process referred to in this clause is complied with in substance and in a Xxxx or Associate Xxxx manner appropriate to the circumstances; or (or a Xxxx or Executive Director in iii) take disciplinary action consistent with subclauses 28.1(b)(i)-(vi) above; or (iv) recommend to the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College Vice-Chancellor that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployedemployee’s employment should be terminated.

Unsatisfactory Performance. If the teaching, counseling or librarian performance of an adjunct entitled to a good faith offer is deemed unsatisfactory or inadequate by the appropriate Xxxx, that Xxxx will meet with the adjunct to discuss their his or her performance. The Union shall be notified of such meetings in a timely manner and the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes that the adjunct’s performance is unsatisfactory based on a classroom observation or counselor/librarian observation, the Xxxx or Associate Xxxx must observe the adjunct prior to delivering the unsatisfactory evaluation. (In the case of librarians and counselors, the Xxxx or Executive Director must observe the adjunct before delivering an unsatisfactory evaluation.) The parties acknowledge, however, that the College may use information other than classroom/counselor/librarian observations by a Xxxx or Associate Xxxx (or a Xxxx or Executive Director in the case of librarians and counselors) for determining an adjunct’s performance has been unsatisfactory and for placing the adjunct on remediation. Observations, assessments or any other evaluative materials conducted or produced by mentors shall not be used in the formal evaluation or remediation process and shall not be placed in the personnel file. Mentors shall not be part of the formal evaluation or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. For reasons deemed irremediable including, but not limited to, failure to follow College of Lake County policies or procedures, failure to appear for a teaching/counseling/librarian services assignment, inappropriate comments or behavior towards students or staff, insubordination, abusive conduct, sexual harassment or conduct which may result in injury to students, staff or any other person, the Xxxx may at his or her discretion refrain from assigning an adjunct teaching sections. The Board shall provide timely notification of such determinations to the Union. The Union may grieve a failure to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College that the performance of the adjunct warrants being placed on this remediation process or terminated or not reemployed.in Section

Unsatisfactory Performance. 52.1 If an Employee is not meeting University performance expectations, the University may decide to take action to remedy the unsatisfactory performance. 52.2 Before taking any disciplinary action as defined below, the University will discuss the matter informally with the Employee, providing the Employee the opportunity to respond to any concerns raised. 52.3 Without limitation, the University may also take other measures to assist the Employee to improve their performance, such as: (a) arranging performance counselling for the Employee; (b) providing and periodically reviewing a performance improvement plan for the Employee; (c) undertaking any other action that is appropriate; and/or (d) supporting the Employee to address the unsatisfactory performance and identifying areas where professional development may occur. 52.4 The Manager will advise the Employee in writing of the measures to assist the Employee to improve their performance and the timeframe for these measures to be completed. 52.5 If the teaching, counseling or librarian performance of an adjunct entitled to a good faith offer is deemed unsatisfactory or inadequate by the appropriate Xxxx, that Xxxx will meet with the adjunct to discuss their performance. The Union shall be notified of such meetings in a timely manner and the subject of such meetings. If an administrator or designee other than a Xxxx or Associate Xxxx believes Manager determines that the adjunct’s performance is unsatisfactory based on a classroom observation or counselor/librarian observationEmployee has demonstrated the required improvement, the Xxxx or Associate Xxxx must observe Manager will advise the adjunct prior Employee in writing that the measures to delivering assist the Employee to improve performance have been successful. 52.6 The unsatisfactory evaluation. (In performance process may recommence if the case Employee does not continue to meet University performance expectations within 12 months of librarians and counselorsthe date of the notice provided at clause 52.4. 52.7 If the measures to assist the Employee to improve their performance within a reasonable timeframe are not successful, the Xxxx or Executive Director must observe Manager will advise the adjunct before delivering an unsatisfactory evaluation.Employee in writing of either: (a) The parties acknowledge, however, that the College may use information other than classroom/counselor/librarian observations by a Xxxx or Associate Xxxx (or a Xxxx or Executive Director in timeframe for the case completion of librarians and counselors) for determining an adjunct’s measures to assist the Employee to improve their performance has been unsatisfactory extended; or (b) the detail of any disciplinary action recommended to the DHR. 52.8 The Employee will have 5 working days to provide a response to a recommendation that any disciplinary action be taken. 52.9 Where a recommendation has been made that disciplinary action be taken the DHR will determine the disciplinary action to be taken and for placing notify the adjunct on remediation. Observations, assessments or Employee prior to taking any other evaluative materials conducted or produced by mentors shall action. 52.10 Where the recommendation to the DHR is that the Employee should have their employment terminated the Employee will be entitled within 5 working days to make a submission to an Independent Reviewer as to why their employment should not be used terminated. 52.11 The Independent Reviewer will be agreed by the University and the Employee or Employee’s Representative and will consider whether the recommendation to terminate is reasonable in all the formal evaluation circumstances. 52.12 The Independent Reviewer will provide their report to the University and the Employee. 52.13 Disciplinary action may include one or remediation process and shall not be placed in the personnel file. Mentors shall not be part more of the following: (a) formal evaluation written censure/reprimand; (b) counselling; (c) attendance at training; (d) termination of employment; and/or, where it is reasonable to do so: (e) withholding of a salary increment; (f) demotion by one or remediation process. If during the next semester the adjunct teaches/counsels/provides librarian services following such notification, in the sole opinion of the Xxxx, the adjunct’s performance more classification levels or increments; (g) suspension with or without pay. 52.14 Where an Employee has not improved sufficiently the adjunct thereafter shall not be granted an assignment at the College. If, in the sole opinion of the Xxxx, the adjunct’s performance has improved sufficiently, then the adjunct will be granted assignments in the usual and customary manner and the adjunct’s Good Faith Status will remain unaffected. The Union may grieve a failure reasonable grounds to follow the process or procedures set forth above, but may not grieve the decision not to reemploy or the determination by a Xxxx or the College believe that the performance of disciplinary action imposed in accordance with clause 52.13 (e) – (g) is unreasonable the adjunct warrants being placed on this remediation process Employee may initiate a Dispute in accordance with clause 64. 52.15 The University will consider any reasonable request by the Employee or terminated their representative to extend the periods in clauses 52.8 and 52.10. 52.16 This clause does not apply to Casual or not reemployedprobationary Employees.