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STAFF RECRUITMENT, SELECTION AND CONDITIONS OF EMPLOYMENT

Section 4 – Procedure 1 Date of Issue: January 2013 Date of Review: January 2015

1.

Recruitment The Brain Injury Network of South Australia Inc (BINSA) is committed to employing people suitably qualified and trained to fill each position. To facilitate this: 

Vacancies may be advertised

Vacancies may be advertised through other Community Services Websites or Newsletters

A recruitment agency may be engaged to assist in the recruitment/selection process

Word of mouth.

a.

Job and Person Specifications All positions have a relevant Job and Person specification which applicants need to address. Sensitivity to cultural and linguistic diversity (CALD) and knowledge of current discrimination legislation are required.

b.

Selection Panels It is the policy of BINSA to encourage all staff to achieve a high level of competence in the conduct of selection interviews. Responsibilities and Procedures It the responsibility of the Executive Officer (EO): 

To liaise with the COM and other staff as relevant in the recruitment and selection of new employees and to develop a high level of competence on the part of all staff in the conduct of selection interviews

To liaise with the Committee of Management (COM) in the arrangement of interview panels if appropriate.

Selection Panel Representatives

c.

The EO and at least one staff or COM member shall make selections relating to client support staff

Selection panels for the appointment of senior staff, including the EO will be determined by the COM

Gender balance of panel and awareness of cultural and linguistic diversity (CALD) are considered in selection processes.

Interview Process The functions of the selection interviews are to obtain information, to give information and to objectively determine the most suitable candidate according to the match of qualifications, skills and experience with the job and person specification.

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The selection interview should provide adequate information to form a final decision to hire or not to hire the applicant or to file the application for later consideration. The following points should be kept in mind by the interviewer(s) to improve his/her effectiveness:

d.

The interview should not be hurried. It should be performed in private and be free of interruptions

The interview should be structured as a discussion between equals

The interviewer(s) should ask only pertinent questions in such a manner that they will not be misunderstood and should avoid discriminatory and leading questions. The use of open ended questions which do not require yes/no answers is recommended.

The interviewer(s) should avoid asking personal questions until the stage where the applicant has met all other requirements, and then the reason for these questions should be explained

The interview should be closed when the necessary information has been given and secured

The skilled interviewer keeps control of the interview, avoids all appearance of haste, encourages a relaxed atmosphere and stimulates free exchange of information.

Reference Checking Process It is organisation policy to undertake reference checks on the one preferred candidate prior to any offer being made. 

References are essential to verify information pertaining to an applicant’s work history and performance

References, either written or verbal, should be validated and cross-checked as much as possible by contacting previous employers to get an accurate profile of the applicant’s capacity to meet the requirements of the job and person specification of the position under consideration.

It is the responsibility of the interviewer(s) to:

e.

Advise applicants that referees will be contacted to confirm references prior to making an offer of employment

Cross-check information obtained from previous employers to that supplied by the applicant

Follow up any discrepancies

Seek additional information as required to ensure the requirements of the job and person specification can be met

Be satisfied that the true referee is contacted.

Employment Pre-Requisites Applicants must be able to undertake the required duties of the position, therefore, applicants with medical reports which determine that the person cannot undertake the required duties normally, will not be employed in the position.

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National Criminal History Record Check BINSA is committed to ensure the well-being and protection of clients whilst acknowledging that potential employees’ past indiscretions should not necessarily create a barrier to their being BINSA will only take into account any conviction that can be related to the performance of the job.

f.

Standard Employment Requirements Qualifications All employees will be expected to hold relevant qualifications as prescribed by the relevant Award(s) (refer to the Social, Community, Home Care and Disability Services Industry Award 2010 [MA000100] (or other as stipulated); or be willing to commence such a qualification within a timeframe negotiated with the EO. Mandated Police Report 

All prospective employees will be required to undergo a check through the SA Police Department to determine if there are any factors which may preclude them from such employment

Any prospective employee refusing BINSA permission to seek a National Criminal History Report will not be offered employment

Persons may be offered employment subject to a satisfactory NCHR check before the reports have been obtained

BINSA will not hold any report but it must be sighted and their personnel file noted to that effect.

Medical Report 

Persons may be offered employment subject to a satisfactory medical check if relevant to the job.

Drivers Licence / Transport

g.

All employees must hold a current South Australian driver's licence and the use of own car may be required

All employees who are required to transport clients in the execution of their duties are bound by the (Department of Human Services - Social Justice & Country Division) Disability Sector Code of Practice for the Transportation of Clients.

Unsuccessful Job Applicants BINSA will advise all unsuccessful applicants promptly that they have been unsuccessful. The information about all applicants is treated confidentially. 

2.

The EO to ensure that unsuccessful applicants are advised in writing.

Employment Only the COM and/or the EO can make offers of employment. It is the responsibility of the EO to ensure that appropriate selection procedures and policies are followed and that any offer of employment has been properly made. Oral offers of employment must be followed with acceptance of a written offer in a timely manner before the employee begins.

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It is necessary to ensure that any offer of employment is authorised by the EO or COM as relevant and is in the format as attached. See BINSA Offer of Employment – Terms and Conditions The EO will initiate the written offer of employment in the approved manner and to receive and record acceptance of such offers. The letter of offer includes a probationary period and employment is conditional on the acceptance of policies of the organisation. EO or their delegate has the responsibility of monitoring the progress of new employees. Unsuccessful applications for positions will be kept in a secure file for three months. After this period the applications will be shredded.

a.

Contract of Employment The basis of employment between BINSA and employee is the contract of employment in the form of a letter of offer. Under the contract of employment there are a number of conditions which are outlined in writing. The organisation will determine the rate of remuneration before an offer of employment is made.

b.

Probation Period All new employees of BINSA will be employed subject to a probationary period, the details of which will be clearly stated in their Letter of Appointment and/or Contract of Employment. The purpose of this probationary period is to assess the suitability of the new employee on the job for the purpose of continued employment and to provide an opportunity to assess their capacity to do the job. This is an accepted practice whereby the employer is not guaranteeing continued employment unless the employee can fulfil the duties to their own and the employer’s satisfaction.

c.

Probation Conditions Probationary periods will be of a length that is reasonable, having regard to the nature and circumstances of employment and will only be extended in particular circumstances, such as prolonged absence from work due to illness or injury or other relevant circumstances. Where an employee has successfully completed the probationary period, their appointment will be formally confirmed. Written confirmation of the status of their employment contract, along with the opportunity to reinforce the conditions of employment will be given to the employee. There will also be an opportunity to assess the need for further training and to clarify the employee’s understanding of the requirements of their position.

If at any time during the probationary and qualification period of employment the employee’s progress is deemed to be unsatisfactory by the EO, action can be initiated to terminate the employment.

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At any time during the probationary period, either BINSA or the employee may terminate the employment contract by giving the appropriate notice of termination as specified by the National Employment Standards (NES). Termination of the employment contract will only be considered where BINSA has taken all reasonable steps to ensure that the employee has received the appropriate training, support and feedback throughout their probationary period. All time spent as an employee, including during the probationary period, counts as service for the purpose of accruing leave entitlements, such as annual leave, personal leave etc. d.

Casual Employment Casual employment means that the employer does not have to offer work to the employee; it is at the discretion of the employer. BINSA will comply with all relevant legislation and regulations governed under the terms of the NES where a staff member is casually employed.

e.

Short-Term Contracts BINSA may from time to time, engage employees/consultants for specific projects/periods.

3.

Induction of New Employees BINSA provides an effective induction program for all new employees. Induction is an essential part of the training process. The new employee is often highly motivated to do a good job, and his/her introduction to the organisation should build on this positive attitude toward the organisation and the job.

a.

Induction Program The induction programme for all new employees will be comprehensive and follow the guidelines as prescribed in the Section 2 – Policy No 6 Induction.

4.

Employment Conditions a.

Hours of Work Minimum hours of work for every employee, apart for casual employees, will be determined and agreed in writing with the employee prior to the commencement date of employment. BINSA will determine the number of hours allocated to a position based on service needs up to the maximum allowed by the relevant Award(s), or by contract. Hours of work for casual employees will be determined as required by BINSA and notification will be given to the employee from time to time. Employees are required to negotiate with the EO if their hours of work are to exceed their approved hours in any weekly period. This must be done BEFORE the hours are worked. Employees are required to negotiate with the EO prior to working extra hours that will accrue ‘time-in-lieu’ or leave entitlements.

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NB Time-in-lieu hours are pre-approved hours. Time-in-lieu hours worked are limited to 2 hours and time-in-lieu must be taken in the same 2 week pay period. Exceptions must be negotiated and approved by the EO. Failure to negotiate with the EO may lead to non-payment of hours worked or approval of the time in lieu.

a.

Employee Status Full-time Employees Are those employees who work the maximum number of hours as described by the relevant Award(s) or contract. Part-time Employees Part-time employees are those who work any number of hours less than full-time in any period on a constant basis. Temporary Employees Work the same hours as permanent full-time or part-time employees but the term of the employment contract is specified and terminates on specified date unless formally altered. Casual Employees The definition of casual employee is determined by the Award(s). However, in general it means the hours worked are irregular. Casual employees will work the hours as determined by the organisation. Hours may vary at any time. As much notice as possible will be given to the employee. Contracted Hours Employees may progress from one level of contract hours to a different level of contract hours on the basis of annual reviews based on the needs of the service, the employer and the employee. The hours of an employee may be varied immediately by the employer, after consultation with the employee, outside the review dates. The hours of an employee will be reduced other than at their request, due to the following: 

reduction in client numbers

change in support hours for the service

changes in funding structure

employee requesting reduction in hours

employee requesting to cease working with a client group or individual.

BINSA will use all reasonable endeavors to maintain their hours.

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b.

Timesheets/ Online Timekeeping It is the employee’s responsibility to complete a timesheet, either on-line or in hard copy and to ensure that his/her timesheet is correct and accurate and forwarded to the EO promptly after the completion of the pay period. This time sheet is a legal record of attendance. It must be signed by the employee as a true and accurate record. If timesheets are late, or not presented, payment will not be made until the presentation of the signed timesheet. Payment of entitlements will then be made at the earliest possible convenience of the BINSA Accountant.

c.

Absenteeism and Attendance Policy and Procedure BINSA is committed to applying a consistent approach when dealing with an employee’s unacceptable pattern of poor attendance and /or absenteeism from work. Attendance at work to perform the requirements of the appointed position is essential to the efficient operation and productivity of BINSA. Poor attendance and excessive absenteeism also places an added burden on fellow employees and will be addressed as a matter of priority. Absences for reasons such as personal illness or family emergency must only be taken in accordance with the relevant provisions of the National Employment Standards (NES) of the Fair Work Act 2009 and the requirements outlined in other relevant policies. During any period of prolonged absence, employees are required to contact the EO and submit any necessary documentation on a regular basis, such as medical certificates/reports or statutory declarations, to keep them informed of the particulars of the situation and of the expected date of their return to work. Repeated late attendance or absence from work without valid reason or the required notification being given by the employee, will result in follow up procedures being implemented, including disciplinary action being taken, where appropriate.

d.

Counselling Support Where a pattern of poor attendance and/or absenteeism becomes apparent, employees will be counselled to ascertain the reasons, including any relevant workplace or personal issues that may be contributing to such a pattern of poor attendance and/or absenteeism. Where possible, employees will be offered information, training and/or support and assistance to deal with and overcome any issues that have been identified through the counselling process as contributing to the unacceptable behaviour/s. In the event that the pattern of poor attendance and/or absenteeism continues, following reasonable attempts to assist the employee concerned, then the appropriate disciplinary procedures are to be applied in an attempt to correct the unacceptable behaviour/s. Employees will be advised that failure to improve their unacceptable pattern of poor attendance and/or absenteeism may result in their contract of employment being

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terminated, subject to the provisions of the relevant Agreement/Award/Act that applies to the particular employee.

e.

Disciplinary Action and Termination of Employment All matters requiring disciplinary action must be referred to the EO who will keep the COM informed of the progress of the action. Employment termination will be subject to the provisions of the relevant Agreement/Award/Act that applies to the particular employee. The following checklist provides broad guidelines: Disciplinary Procedure (checklist) The actual procedure to be used will depend upon the particular circumstances; the following represents an appropriate warnings procedure that will be followed in principle by BINSA. 1st warning 

General warning on the nature of the problem and the need for improvement (witnessed (not essential but preferable), written and acknowledged).

2nd warning 

Specific warning of problems and the consequences of non-improvement (witnessed, written and acknowledged).

3rd warning 

Final warning on problems and specific warning that non-improvement will lead to dismissal (witnessed, written and acknowledged).

Each warning should have a period of review attached that will apply from the issue date of the warning in order to assess the employee’s performance or behaviour. There is no industrial prescription for how long warnings should stay on an employee’s file; however it is generally accepted by industrial parties that a twelve month currency on each warning is appropriate.

f.

Abandonment of Employment If an employee is absent from their employment for two or more consecutive days, without having notified BINSA or without BINSAs consent, the employee will be considered to have abandoned their employment with BINSA. BINSA will undertake the following procedure in the case of abandonment of employment by an employee. The procedure management will follow in determining whether an employee has abandoned their employment will be: 

the EO will first establish that the employee’s absence is unauthorised by checking relevant records such as rosters, attendance records, time sheets or other employees if applicable

the EO will then attempt to contact the absent employee personally, by telephone or by letter sent by registered post, to determine the reason for the absence and whether or not the employee intends to return to work.

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The letter of enquiry sent by the EO must state the failure by the employee to return to normal duty or to give an acceptable explanation for their absence within a specified time will be regarded as the employee terminating their employment, without notice, on the date of the employee’s last day of attendance, as a result of abandonment of employment. This communication process will occur prior to any termination either by written, personal or telephone consultation. Termination of employment will be in person or by registered letter sent to the employee’s home address. Termination will not occur over the telephone. If the employee gives a reasonable explanation for their absence from work, then the presumption of abandonment of employment may be reversed.

g.

Exit Interview When leaving, BINSA encourages its staff, Board members, students on placement and volunteers to undertake an exit interview. Feedback received will contribute to BINSA’s ongoing development and evaluation of services and programs. Using an Exit Interview Form, staff, COM members, students on placement and volunteers will be given the opportunity to: 

Reflect on their development whilst working for BINSA

Provide constructive feedback to the BINSA on what worked well for them and what areas they would like the BINSA to further develop

Receive positive feedback on their contribution to BINSA.

Process If the person leaving chooses to have an Exit interview they may nominate either the EO or a COM Member to facilitate the Exit Interview. The Exit Interview will occur in the time period of no earlier than 2 weeks before the final work date and no later than 2 weeks after the final work date. The Exit Interview will not be used as a vehicle for the EO/COM member to raise new issues or for the staff to lodge new grievances. It is expected all such issues will be raised prior to the Exit Interview through the appropriate grievance complaint or staff appraisal procedures. The pro forma structure for the interview is outlined on the Exit Interview Form. The EO/COM member and staff member will decide how the information discussed will be used in order to respect the privacy and confidentiality of the interview.

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