Probation — Teaching Service

Probationary process

There are 3 stages of the probationary process:

Stage 1 Commencement of probationary period

At the commencement of the probationary period the delegate will ensure that the employee understands:

• the probationary process, in particular the duration of the probationary period
• the required standard of performance within the context of the employee’s role and experience, and
• the consequences of not meeting the required standard of performance

Stage 2 During probation

During the probationary period the delegate will monitor the employee’s performance and provide regular feedback. The employee should be given the opportunity to discuss their performance with the delegate.

Where the performance of an employee makes it probable that the probationary period will not be completed satisfactorily the delegate will meet with the employee and explain clearly:

• the required standard of performance
• how the employee has failed to meet the required standard of performance
• the consequences of continued or repeated failure to meet the required standard including any impact on salary progression, and
• the support that will be provided to assist the employee meet the required standard

Where an employee’s performance makes it likely that the delegate will determine:

• that there is a need for the employee to undertake a further probationary period of not more than 12 months (or 6 months for an education support class employee), or
• the employee is not suitable for continued employment and the employment will be annulled

the employee may request that a panel be established to review their performance.

In this case, when determining the composition of the panel, the delegate must ensure that:

• the panel comprises at least 3 persons one of whom is from the same employment class as the probationer,
• at least 1 member of the panel is a person trained by the Merit Protection Boards in the principles of merit and equity, and
• provision is made for gender representation

The delegate should ensure that members of the panel comprise people who between them possess a detailed knowledge of the position requirements, an understanding of the required standard of performance within the context of the employee’s role and experience and have an understanding of the probation process.

The role of the panel is to review the employee’s performance and provide a written report to the delegate.

Stage 3 Conclusion of probationary period

At the conclusion of the probationary period the delegate will meet with the employee to discuss the employee’s performance and advise the employee of the outcome of the probationary period. At this stage the delegate may:

• confirm the ongoing employment of the probationer, or
• extend the probation for a period not exceeding 12 months for principal and teacher class employees or 6 months for education support class employees. In determining the period of the extension the delegate will have regard to the time required to improve the employee’s conduct and work performance in the area(s) identified. The procedures set out above should be followed during the extension period, or
• annul the employment of the probationer

Where the delegate extends the probation for a further period, before the expiration of that further period, the delegate will meet with the employee to discuss the employee’s performance and advise the employee of the outcome of the extended probationary period.

At this stage the delegate must:

• confirm the ongoing employment of the probationer, or
• annul the employment of the probationer

Annulment

Where annulment is being considered the delegate should seek advice from the Employee Conduct Branch.

Where the delegate has formed the preliminary view that annulment of employment is likely the employee is to be informed in writing:

• that their performance is below the required standard
• how the employee has failed to meet the required standard of performance
• of the details of any assistance and support provided to the employee, including any training recommended, and whether the training was undertaken
• of any other relevant details relating to the employee’s unsatisfactory performance
• that the employment is likely to be annulled and
• that the employee has 7 days from the date the written advice is received to provide a written response raising any other matters in relation to the proposed annulment

Following consideration of any response from the employee to the delegate’s preliminary view, or in the absence of a response, the delegate may:

• confirm the employment
• extend the probationary period where there has not been an extension previously, or
• annul the employment

The delegate must advise the employee of the decision in writing and the action, if any, to be taken.

Nothing in these Guidelines prevents the delegate from confirming or annulling the employment of a person at any time prior to the conclusion of an employee’s probationary period pursuant to section 2.4.8(3) of the Education and Training Reform Act 2006.

Where employment is annulled the annulment will take effect from such date as is determined by the delegate. The effective date of annulment cannot be retrospective and the employee must be provided with at least 4 weeks’ notice, which is increased by 1 week if the employee is over 45 years of age and has completed at least 2 years’ continuous service with the Department. In the case of a principal class employee, the above applies, or their contract of employment whichever is the greater.

A person may lodge a grievance with the Merit Protection Boards in relation to a decision to annul their employment.