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Personnel Policy and Procedures Manual 20. Ceasing Employment |
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[? Search] [Top] [Contents]
[Prev: 19. Superannuation]
[Next: 21. Equal Opportunity]
- 20.1. Resignation
- 20.1.1. Overview
- 20.1.2. Policy
- 20.1.3. Procedures
- 20.2. Retirement
- 20.2.1. Overview
- 20.2.2. References
- 20.2.3. Policy
- 20.2.4. Procedures
- 20.3. Early Termination of a Fixed-term Contract
- 20.3.1. Reference
- 20.3.2. Policy
- 20.3.3. Procedures
- 20.4. Completion of a Fixed-term Contract
- 20.4.1. Reference
- 20.4.2. Policy
- 20.4.3. Procedures
- 20.5. Termination on Grounds of Ill Health
- 20.5.1. Overview
- 20.5.2. References
- 20.5.3. Policy
- 20.6. Death
- 20.6.1. Overview
- 20.6.2. Procedures
- 20.7. Phased Retirement
- 20.7.1. Overview
- 20.7.2. References
- 20.7.3. Policy
(Updated: July 2006)
Resignation is the most common means of ceasing employment with the university and is normally accomplished by the staff member giving notice in writing of intention to resign. Different notice requirements apply to different types of position, and are set either in accordance with the University of Melbourne Enterprise Agreement or letter of offer.
Staff members who have been appointed for more than 1 year normally give 6 months notice. This may be varied by mutual agreement with the Head of Department.
Staff members who have been appointed for less than 1 year are required to give two weeks notice of resignation.
The pay period for a particular appointment will determine the notice required when that staff member resigns. If the staff member is paid fortnightly, 2 week's notice would be given. This requirement may be varied by agreement between the staff member and Head of Department.
Further information for staff who package their salary can be found at see Section 16.2.1.1 and see Section
Academic and Professional Staff resignations should be sent to the relevant Head of Department.
The department should prepare a HR12 Cessation/Transfer form, attach the letter of resignation to it and send it to Human Resources immediately. Prompt action ensures that salary overpayment does not occur. If the staff member applies for leave after the HR12 has been sent to Human Resources, the department must notify Human Resources by telephone to avoid overpayment.
The resigning staff member receives a letter from Human Resources advising him or her to return staff card, keys, library books, and parking permits, and to complete documentation relating to superannuation. A copy of this letter is sent to the Head of Department to ensure this procedure is followed.
Note: Forms available from http://www.hr.unimelb.edu.au/benefits/forms/.
(Section 20.2 - Last amendment: December 1999)
There is no mandatory retirement age for staff in the University. This entry sets out the procedures for retirement and other matters for consideration by staff who are nearing retirement.
Note: If you are receiving WorkCover benefits, the Accident Compensation Act, 1985 deems retirement at 65 years of age.
University Statute 7.1 http://www.unimelb.edu.au/Statutes/s71.html
There are several matters related to retirement that retiring staff should investigate well before they leave the University:
Superannuation: see Section 19.2
Long Service Leave: see Section 9.9.
Unisuper run seminars during the year covering a range of topics including retirement. To find out when the next seminar is being held, check the Unisuper website http://www.unisuper.com.au or look for a notification in the Staff News publication.
The university has a scheme for part-time employment before retirement. The scheme allows certain full-time staff who nominate a retirement date, to undertake reduced duties during the remaining years of service. Under this scheme the University may agree to maintain superannuation contributions at the full-time level. Further details are given in Section 20.7.
Further information for staff who package their salary can be found at see Section 16.2.1.1 and see Section .
Please ensure the following steps are taken when a staff member wishes to retire:
prepare a HR12 Cessation/Transfer form;
send the signed form to Human Resources immediately.
Prompt action ensures that salary overpayment does not occur. If the staff member applies for leave after the HR12 has been sent to Human Resources, the department must notify Human Resources by telephone to avoid overpayment.
The retiring staff member receives a letter from Human Resources advising him or her to return staff card, keys, library books, and parking permits to the Head of Department, and to complete an exit survey and documentation relating to superannuation. The Head of Department receives a copy of the exit letter to ensure procedures are followed.
(Last amendment: July 2006)
The University of Melbourne Enterprise Agreement 2006
A fixed-term contract may be terminated before its expiry date by the University:
during the probationary period contained in the contract (refer Chapter 6 for relevant procedures);
on the grounds of unsatisfactory performance or serious misconduct (Section for relevant procedures);
should the external funding upon which the fixed-term contract is based cease; or
where the work is no longer required to be undertaken.
Where a fixed-term contract is terminated before its expiry date notice and/or severance is payable as per applicable below:
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Where the staff member is over 45 years old and has completed at least 2 years of continuous service the period of notice is increased by 1 week. A staff member may be paid compensation instead of notice where the total amount of compensation is equal to or exceeds the total amount of compensation the staff member would have received if he or she had worked out his or her period of notice.
For further advice on the required minimum notice periods, severance pay entitlements and the relevant documentation required to be provided to Human Resources in these circumstances, please contact your relevant Human Resources Consultant.
(Last amendment: July 2006)
The University of Melbourne Enterprise Agreement 2006
A staff member employed on a fixed-term contract automatically ceases employment at the end of the contract.
All staff employed on fixed-term contracts are entitled to notice prior to the expiry of the contract and may be entitled to apply for conversion to continuing status or severance as described in this section.
(1) The University shall provide to a fixed-term staff member a written notice that, at the expiry of the contract, the University intends to:
continue the fixed-term position on a further fixed-term contract basis;
continue the fixed-term position on a continuing basis; or
discontinue the fixed-term position.
(2) The notice referred to in paragraph (1), shall be the greater of:
any new entitlement to notice of the University's intention to renew, or not to renew, employment with the staff member upon expiry of the contract; or
period of notice as outlined in Table 68.
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(3) In addition to the notice specified in paragraph (2) of this clause, a staff member over the age of 45 years at the time of giving notice and with not less than two years continuous service shall be entitled to an additional week's notice.
A staff member may be paid compensation instead of notice where the total amount of compensation must be equal to or exceed the total amount of compensation the staff member would have received if he or she had worked out his or her period of notice.
(4) Where, because of circumstances, external to the University and beyond its control. which relate tot he provision of specific funding to support employment, the University is not reasonably able to give notice required by this sub-clause, the University shall:
advise those circumstances to the staff member in writing at the latest time at which notice would otherwise be required to be given; and
give notice to the staff member at the earliest practicable date thereafter.
Eligibility for severance pay at the expiry of a fixed-term contract is determined, inter alia, on the type of work the person was engaged on a fixed-term basis to perform.
(1) Severance pay shall be payable to a staff member employed on a fixed-term contract to undertake:
predominantly research;
a specific task or project;
work which is externally funded.
Where:
(a) the following conditions are met:
the University has made a determination to discontinue the fixed-term position; and
the staff member seeks to continue employment; and
the staff member has been employed on a second or subsequent fixed-term contract.
OR
(b) the following conditions are met:
the University has made a determination to continue the fixed-term position on a continuing basis; and
the staff member seeks to continue employment; and
the staff member cannot be appointed on a continuing basis as they were not employed in the relevant position through a competitive and open selection process and have not performed at a 'good' level in the context of the Performance Development Framework (see Section 7.1.3.2 (a)).
OR
(c) the following conditions are met:
the University has made a determination to continue the fixed-term position on a further fixed-term contract basis; and
the staff member seeks to continue employment; and
the staff member will not be offered further employment as outlined in Section 7.1.3.2 (b).
Where eligible, as outlined in Section 20.4.2.2, severance pay will be paid in accordance with Table 69.
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(2) Where the University advises a staff member in writing that further employment may be offered within six weeks of the expiry of a period of fixed-term employment, then the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.
(1) Severance pay shall be payable to a staff member employed on other types of fixed-term employment contracts where:
the University has made a determination to discontinue the fixed-term position; and
the staff member seeks to continue employment; and
the staff member has been employed on a second or subsequent fixed-term contract; and
the staff member has entered into the second and/or subsequent fixed-term contract of employment after 1 May 2006.
Where eligible as outlined in Section 20.4.2.3, severance pay will be paid in accordance with
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(2) Where severance is payable under this sub-clause, staff members with 5 or more years of continuous service shall also be entitled to payment in lieu of long service leave calculated at the rate of 1.3 weeks per completed year of service.
Twelve weeks before the completion of the fixed-term appointment Human Resources will send a HR22 - Contract of Employment Advice and Action Form to the Department. The Department should ensure the following steps are taken:
complete the HR22 Contract of Employment Advice and Action Form with the approval of the relevant level 3 delegated authority; and
send the completed form to Human Resources at least 4 weeks before the appointment expires.
The Head of Department must ensure that the periods of notice specified in Table 68 have been complied with.
(a) Preparation of the application by the staff member
An application should contain the following information:
the name and employee number of the staff member who is to be converted;
the name and position number of the position which is to be converted;
written documentation that the staff member was employed in the position through a competitive and open selection process; and
evidence that the staff member has performed at a 'good' level in the context of the Performance Development Framework.
In addition, information from the Head of Department:
a clear recommendation in support of conversion and a brief statement as to the reasons for the recommendation; and
written documentation that the staff member was employed in the position through a competitive and open selection process; and
confirmation that the performance of the staff member has been at a 'good' level as evidenced through the Performance Development Framework as entered in Themis HR at the time of appraisal.
OR
a clear recommendation not in support of the application, including the reasonable grounds on which the University should refuse conversion.
(b) Action required by Head of Budget Division
The Head of Department forwards the application and supporting information for conversion to the Head of Budget Division. If the Head of Budget Division approves the conversion, he or she will forward their recommendation to Human Resources for action. In the event that the Head of Budget Division does not approve the conversion, he or she will forward this to Human Resources with the grounds for rejection.
(c) Notification
If the application for conversion is approved, Human Resources will issue a new contract to the staff member offering a continuing position.
If the application for conversion is not approved, he or she will be advised in writing by Human Resources including the grounds for the rejection.
(Updated: July 2006)
In rare and unfortunate circumstances, it may become necessary for the University to require a staff member to retire from the University on the grounds of ill health, where the ill health results in the inability of a staff member to continue to perform the duties of his or her position.
These procedures apply to all staff in the University, but cease to apply if a staff member is receiving a temporary or permanent disability benefit from a superannuation scheme. Any entitlement to compensation under the Accident Compensation Act, 1985 is not altered by this policy.
University of Melbourne Enterprise Agreement 2006
This clause is independent of any right that a staff member may have to medical retirement benefits under his or her superannuation fund. Where a staff member applies to his or her superannuation fund, the provisions of Section 20.5.3.7 to Section 20.5.3.10 below apply.
Where a Head of Department forms the view that a staff member's capacity to perform the duties of his or her position is in doubt, apparently as a result of a medical condition, they may be required by the University to undergo a medical examination. Unless there is well founded concern of the potential for immediate harm to the staff member or others as a result of a medical condition (in which case the University may suspend the staff member from duty with pay until action is take in accordance with Section 20.5.3.4 or Section 20.5.3.6), the University will give not less than 2 months' notice that a medical examination is required; choose the medical practitioner; and pay for the cost of the examination.
To initiate these procedures, the Head of Department will write to the Vice-Chancellor outlining the grounds for his/her view and requesting that the staff member be required to undertake a medical examination.
The medical practitioner will as far as possible apply the same standards that would be used by the staff member's superannuation scheme in granting permanent disablement or other similar benefit.
A copy of the medical practitioner's report will be provided to the Vice-Chancellor and the staff member. Where the medical report states that the staff member is unable to perform his or her duties, and is unlikely to be able to perform them and/or resume them within 12 months, the University may terminate the employment of the staff member in accordance with the notice period required by the staff member's contract of employment or, where no notice is specified, a period of 6 months' notice in writing. The staff member may seek review of the termination under Section 20.5.3.11.
The staff member may submit a resignation before the University terminates his or her employment, provided the last day of duty is within a reasonable period.
Where a staff member refuses to undergo a medical examination within 3 months of a written notification to do so, the University may reasonable conclude that the staff member is unable to perform his or her duties and is unlikely to be able to resume them within 12 months, and may terminate employment giving 6 months notice.
At any time during the process in Section 20.5.3.2 to Section 20.5.3.6 above, a staff member many apply for his or her superannuation fund for a permanent disablement or temporary incapacity benefit due to a medical condition. Further action under this clause will cease subject to Section 20.5.3.10 and Section 20.5.3.11.
Pending the superannuation fund's decision, and subject to the provision of medical certificates, the staff member may use accrued leave entitlements and, if all paid leave entitlements have been used, will remain on leave without pay.
Action at Section 20.5.3.4 may recommence if a medical examination has occurred and has found that the staff member is not likely to be able to resume duties within 12 months, but the superannuation fund refuses a permanent disablement or incapacity benefit.
If, following a period of temporary incapacity benefit payments, the superannuation fund decides that the staff member is capable of resuming work, the University may dispute the decision and proceed with the medical examination provided for in Section 20.5.3.2.
Within 10 working days of receiving notice of termination under Section 20.5.3.4, the staff member or, where the staff member has chosen, his or her representative may request that a Medical Panel review the findings of the medical report.
The Medical Panel will comprise three medical practitioners, being:
one appointed by the University;
one recommended by the staff member or where they have chosen their representative; and
one appointed by the President of the Victorian Branch of the Australian Medical Association.
The Medical Panel must not include the practitioner who made the initial report and will as far as possible apply the same standards that would be used by the staff member's superannuation scheme in granting permanent disablement or other similar benefit.
The staff member's employment will not be terminated by the University unless and until the Medical Panel confirms the findings of the medical report.
(Last amendment: February 1997)
The Head of Department should notify the Vice-Principal (Human Resources), of the death of a current staff member as soon as possible. Any member of staff, or staff member's family, should notify the Superannuation Officer or Social Worker about the death of a former staff member. The services of the Social Worker are available to family of current and former staff members.
The Vice-Principal (Human Resources) must be notified by the department, initially by telephone, and then on a HR12 Cessation/Transfer form. Note: Forms available from http://www.hr.unimelb.edu.au/benefits/forms/.
The Social Worker contacts the family by letter, or telephone if appropriate, to offer assistance, and also oversees the administration of payments such as superannuation (including an immediate cash amount if eligible), outstanding salary, annual leave, annual leave loading, and long service leave entitlements, which are processed by Human Resources.
Further information for staff who packaged their salary can be found at see Section 16.2.1.1 and see Section .
The Superannuation Officer or Social Worker should be notified as soon as possible by anyone who knows of a death of a former staff member. Monies may be owing to a surviving spouse and/or dependant/s from university administered superannuation schemes.
The Social Worker contacts the surviving spouse and ensures that due payments are made as well as offering support in a variety of ways.
(Last amendment: July 1998)
The University offers a phased retirement scheme when such reduction in time fractions are beneficial to the University and can be accommodated within the resources and staffing requirements of the Department. This entry provides details of the policy and procedures for the scheme.
See also Section 7.5 Early Retirement Incentives and Pre-Retirement Contracts
Staff members who hold full-time appointments and who have had at least 10 years continuous service at the university immediately prior to the proposed part-time appointment, are eligible to apply under the 'part-time employment before retirement scheme'. The minimum fraction of full-time employment allowed under the scheme is 50%.
A staff member applying for part-time employment under this scheme must give at least 6 months notice of his or her intention to apply and must nominate a retirement date no more than three years ahead of the date of the application. Human Resource Consultants can provide full details of entitlements under the scheme, and these should be obtained before an application is notified.
Please ensure the following steps are taken when applying part-time employment before retirement:
the staff member applies to his/her Head of Department to reduce their time fraction, nominating a retirement date no more than three years ahead of the date of the application;
the Head arranges for the matter (particularly the decision to maintain superannuation contributions at the full-time level) to be considered by the faculty/divisional budgets committee;
if the committee supports the proposal, full details of the advantages to the university should be forwarded to the Dean or Head of Administrative Department;
the Dean or Head of Administrative Department formally agrees to the retirement date, which can only be changed by mutual agreement, approves the application and advises Human Resources of the decision;
Human Resources notifies the staff member of the decision.
The Defined Benefit superannuation plan provides for members participating in the part-time employment prior to retirement scheme to maintain membership of the superannuation scheme at the level of contribution and benefits applicable to the member's full-time classification at the time of entering the employment scheme. The member and the university continue to pay contributions to the relevant fund as though the member were employed full-time.
[? Search] [Top] [Contents]
[Prev: 19. Superannuation]
[Next: 21. Equal Opportunity]
Created: September 1995
Last Modified: 29 September 2008
Authorised by: Web & Administrative Officer, Human Resources.
Maintained by: Jo Barnes jo.barnes@unimelb.edu.au
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