Reduction in classification for underperformance

An employee sought MPC review of their manager’s decision to rate their performance as unsatisfactory following a formal performance management process. This resulted in the employee being reduced in classification from APS level 6 to APS level 5.

On reviewing the matter, we considered the requirements of performance management as set out in the agency’s Enterprise Agreement. This included providing the employee with written notice of the commencement of any formal performance assessment process and an opportunity for them to improve their performance.

We concluded the agency had acted fairly and reasonably in their performance management of the employee. We considered the agency had followed all of the required steps as set out in the Enterprise Agreement, and had provided support to the employee to assist them to improve. When the employee’s performance did not improve, we considered it was then appropriate for the agency to move to the next step of a formal underperformance management process. We noted the employee was given adequate warning about the areas of their performance that were not up to standard and what improvement was required. The agency had also advised the employee in advance that without improvement, the employee’s salary or classification may be reduced.

We concluded there was sufficient evidence of underperformance. In our view, the evidence indicated the employee did not meet the requirements of their role, including in regards to their standard of written communication, completion of tasks, and that they had not followed reasonable management instructions. The evidence we looked at showed that the employee needed a significant amount of supervision and their work needed an unreasonable amount of revision by the supervisor. We concluded the decision to rate the employee’s performance as unsatisfactory was reasonable and appropriate.

We recommended that that the decision be confirmed.