Once the necessary consultation and discussions have been completed and the excess situation remains unresolved, the process for the identification of an excess employee(s) may commence. Where the excess staff situation has arisen due to a reduction or cessation of Student Support Funding, or comparable funding, and the person identified through the process set out below is in the first 7 years of employment, their employment can be terminated subject to them receiving not less than 12 weeks written notice. Where the person identified has more than 7 years of service, the person will be subject to the excess procedures set out in this guide.
The declaration of employees as excess to workplace requirements is a process to facilitate redeployment to other vacancies and should not be used as a substitute for dealing with unsatisfactory performance or misconduct issues. This does not however preclude an employee who is the subject of unsatisfactory performance or misconduct processes from being declared excess for genuine excess reasons. Where this occurs any procedures that are underway should continue.
The following procedures should be used to identify the excess employee:
- the principal, after appropriate consultation, will determine the curriculum or work areas in which there may be employees excess to the requirements of the school
- the principal will convene meetings of employees from such curriculum areas or work areas, to seek volunteers to be identified as excess
- where insufficient volunteers are forthcoming, the principal will provide an opportunity for employees in such curriculum areas or work areas to provide reasons in writing why they should not be considered for declaration as excess
- the principal will take into account the overall curriculum needs or work needs of the school, the submissions from individual employees in accordance with (3) above and consult with the union sub-branch, or where there is no sub-branch at the school the appropriate union(s), before declaring as excess those employees whose declaration would cause the least disruption to the program at the school
- the principal will make every effort to ensure that an employee is not identified as excess to workplace requirements, where there are compelling personal compassionate grounds pertaining to that employee, or where the employee has been compulsorily redeployed within the previous 2 years
Where the identification of an employee as excess requires a selection to be made between 2 or more employees, the selection must be made as far as practicable on objectively assessed grounds related to the suitability for the program determined for the school.
The principal should not discriminate against any employee on the basis of any of the following reasons:
- part-time employment or resumption from leave
- temporary absence from work because of illness or injury
- trade union membership or participation in union activities
- non-membership of a trade union or association that has applied to be a registered union under the Fair Work Regulations 2009 (Registered Organisations)
- seeking office as, or acting or having acted in the capacity of, a representative of employees
- the filing of a complaint, or the participation in proceedings, against the employer
- age, breastfeeding, carer status, disability, employment activity, gender identity, industrial activity, lawful sexual activity, marital status, parental status, physical features, political belief or activity, pregnancy, race (including colour, nationality, ethnicity and ethnic origin), religious belief or activity, sex, sexual orientation, an expunged homosexual conviction or personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes
- absence from work during any parental absence
Once the process of identification has been completed the principal must advise:
- the employee(s) identified as excess
- the Department of the names of employee(s) identified as excess
- the union sub-branch, or where there is no sub-branch at the school the Department, of the names of employee(s) identified as excess
- the above advice must be in writing and issued without delay
Where a person identified due to a reduction or cessation of Student Support Funding or comparable funding is in their first 7 years of employment, they will receive not less than 12 weeks written notice of termination and be entitled to redeployment for the duration of the notice period. Where the person identified has more than 7 years of service, the person will be identified as excess and subject to the procedures set out in this guide.
The Identification of Excess Employee Form should be used to notify the Department of the name of any employee identified as excess. This form is also to be used to confirm that any person identified in respect to a reduction or cessation of Student Support Funding or comparable funding who is in the first 7 years of employment, has been provided with at least 12 weeks written notice of termination. Where there is no sub-branch at the school the Department will notify the appropriate union(s) on behalf of the principal.
Once an employee has been identified, the principal should encourage the employee to enter a resume on Recruitment Online and set up the Job Search Agent facility to assist the employee to identify suitable advertised vacancies to maximise opportunities for redeployment.
Principals should refer to the Staffing Cooperation Guide in the Policy and Guidelines tab of Working in More than One School for additional information where it is identified that an employee who works in more than one school is potentially excess to requirements.
Reviewed 03 April 2020