75. Review of decision

Request for a review of decision

75.1.  A staff member may seek a review of decision made in relation to their employment at the University. A review of decision is limited to decisions concerning the following employment matters under this Agreement:

1. termination of employment for reasons of:

1. unsatisfactory performance or conduct during the probation period;
2. unremediated unsatisfactory performance;
3. serious misconduct;
4. serious research misconduct;
5. redundancy; or
6. due to ill-health in accordance with clause 64;

2. disciplinary action (demotion), on the grounds that procedural fairness was not applied;
3. disciplinary action (excluding demotion), on the grounds that procedural fairness was not applied;
4. suitability of a redeployment transfer decision made in accordance with clause 57.7, on the basis that the decision will have a detrimental impact on career standing; or
5. other circumstances as may be determined from time to time by the University.

75.2.  A staff member requesting a review of decision must submit a written request to the Chief People Officer within five days (except for academic staff redundancy where ten days applies) from the date of notification of a decision made under clause 75.1.

75.3.  The request must be in sufficient detail to enable understanding of the reasons for requesting the review, and outline the staff member’s grounds for review in accordance with the Review of decision terms of reference (clause 75.5).

75.4.  Definitions:

1. Representative means a person nominated by either the staff member or a representative nominated by the Chief People Officer to represent the University, but does not mean a legal practitioner.
2. Parties means the University and the staff member.
3. Days means working days.
4. Chief People Officer nominee means a senior member of staff with suitable experience and expertise to review the matter.

Review of decision terms of reference and principles

75.5.  The terms of reference for a review of decision will be the consideration of whether:

1. the University followed the procedures which were applicable to the original decision;
2. there is sufficient evidence to support the original finding and/or decision;
3. and, where relevant:

1. whether any proposed disciplinary action was in proportion to the findings of the original decision making process;
2. whether discrimination or victimisation influenced the original decision making process; and
3. in the case of redundancies, whether the University used fair and objective criteria to determine which position(s) was/were declared excess to requirements.

75.6.  The review of decision will also ensure that decisions have been made in accordance with the principles of procedural fairness, and that the staff member was given a fair go all round.

Commencing a review

75.7.  Subject to 75.8, the Chief People Officer (or their nominee) may review decisions about matters listed in 75.1 (c) and (d) and will make a determination within ten days in accordance with clause 75.18.

75.8.  If the matter is complex, the Chief People Officer has a conflict of interest, or the application is to review a decision about matters listed in 75.1(a), (b) and (e), the Chief People Officer will refer the matter to a Review Committee. The Chief People Officer will endeavour to initiate the establishment of the Review Committee and provide an update to the staff member on the status of this Committee within five days.

Suspension

75.9.  If the decision under review relates to termination of a staff member’s employment, and the original termination date has passed, the staff member’s employment will remain suspended and not terminated until the review process outlined in this clause is finalised.

1. For termination on the grounds of serious misconduct, the staff member may be suspended without pay only in accordance with clause 73.5.
2. For all other terminations on the grounds listed in 75.1(a) the staff member will be suspended with pay. Any unreasonable delay by the staff member providing information to the review process may result in the staff member being placed on suspension without pay after the original termination date.

75.10.  Any lost salary and other entitlements will be reimbursed if it is determined that the decision is not upheld.

Review Committee composition

75.11.  The Review Committee will comprise three members, including:

1. a nominee from the University;
2. a nominee of the relevant union; and
3. a Chairperson agreed by the nominators.

75.12.  When establishing a Review Committee, if the relevant union fails to make a nomination within five days of receiving notification, the University will nominate a staff member.

75.13.  Review Committee nominees who are University staff members will be allowed necessary time from their normal duties to ensure the review process is conducted within the set timeframe.

Review process

75.14.  The Review Committee may seek and take into account information that is material to, or had influenced the decision under review. This may include a meeting with either party, if the Committee considers it necessary. Where the Committee considers that academic judgment or specialist expertise is required, the Committee may obtain information from staff with relevant experience and knowledge.

75.15.  During the review process the parties:

1. may seek assistance from, or be represented by a union or staff representative and may seek procedural advice from Human Resources staff;
2. will have an opportunity to review and respond to the other party’s evidence and written submissions, and have an opportunity to present evidence and make oral submissions prior to the Review Committee’s final determinations;
3. will be given access to any additional information that was obtained by the Committee under clause 75.14;
4. may request access to further information in relation to, or arising from, additional information obtained by the Committee under clause 75.14. These requests will be directed to the Chair who will endeavour to obtain the information requested. Where information has been given in confidence, that confidence will be respected and maintained;
5. will have an opportunity to hear oral submissions; respond to any such further material or submissions; and ask questions of any person who was interviewed by the committee.

Review committee report

75.16.  Within 15 days of a Review Committee convening to review the decision, the Committee will prepare and provide a written report to the Chief People Officer.

75.17.  The Review Committee Chair may request an extension of time from the Chief People Officer. If the request is declined and once so advised, the Review Committee will have five days to hand the written report to the Chief People Officer.

Powers and notification

75.18.  The Chief People Officer (or their nominee) will consider the Review Committee report (if applicable), assess the application and make a determination that either:

1. the original decision was appropriate and that it stands. If the decision relates to a termination of employment, the staff member will be provided with payment for the unexpired part of any notice period between the initial notification of termination of employment and the outcome of the review; or
2. the original decision making process was procedurally incorrect, or there was insufficient evidence, or discrimination or victimisation influenced the decision and the matter will be reconsidered in accordance with the appropriate decision making process, consistent with the findings of the Review Committee; or
3. the disciplinary action is not appropriate under the circumstances and advise what alternate disciplinary action/s, if any, will apply; or
4. the original decision is inappropriate and make another finding. Where the staff member would have received benefits had it not been for the original decision, the University will make any necessary arrangements to ensure that the staff member receives any remuneration or other benefits to which they are entitled.

75.19.  The Chief People Officer (or their nominee) has five days to provide a copy of the Review Committee report, and notify the staff member, their supervisor and the original decision maker of the Committee’s findings the determination, and the actions to be taken.

Transition arrangements

75.20.  A review of decision which has been formally notified under the review of decision provisions (clause 75) of The Australian National University Enterprise Agreement 2017-2021, but which has not concluded at the time at which this Agreement commences will continue to be dealt with in accordance with the relevant provisions that applied under that Agreement.