48. Redundancy - Professional Staff

48.1 Where it appears to the Vice-Chancellor or nominee that a continuing professional staff member has become, or is likely to become excess to requirements due to changed circumstances, including changes in work methods, re-organisation, financial exigency, and/or introduction of new technology, the Vice-Chancellor or nominee shall advise the staff member or, where the affected staff member chooses, a Representative, at the earliest practicable time and provide the staff member with an opportunity to respond and make recommendations to avoid the redundancy and/or mitigate the effects of the redundancy. Where a Suitable Vacant Position exists, the staff member shall be offered redeployment to this position in which case (subject to application of clause 48.4 by the University) this clause no longer applies.

48.2 Where a staff member is advised that he/she is excess to requirements, during the first four weeks following that advice, the staff member may elect to take a Voluntary Early Separation. A staff member who elects to take Voluntary Early Separation shall be entitled to the balance of the four-week period and pay in lieu of the relevant notice period provided in clause 48.4(a).

48.3 Where an excess staff member has not been redeployed or not accepted a Voluntary Early Separation, the Vice-Chancellor or nominee shall invite the staff member to be retrenched voluntarily, in which case the staff member shall have four weeks in which to accept the offer with immediate effect. Where a staff member accepts an offer of voluntary retrenchment that staff member shall receive:

(a) payment in lieu of salary for the unexpired portion of the four-week period; and

(b) a sum equal to two weeks' salary for each completed year of continuous service, provided that the maximum sum payable shall be 48 weeks' salary and the minimum sum payable shall be four weeks' salary.

48.4 If at the expiry of two months from the date of advice issued to the professional staff member pursuant to clause 48.2 redeployment to a Suitable Vacant Position has not occurred and the staff member has not taken a Voluntary Early Separation or has not accepted a voluntary retrenchment, then the Vice-Chancellor or nominee may exercise one of the following options:

(a) Terminate the professional staff member, in which case a professional staff member, shall receive the following payments in lieu of salary, less any period which has elapsed since the notice provided under clause 48.2:

(i) Where the staff member is 45 years of age or more or has at least 20 years' continuous service 12 months

(ii) Where the staff member is 44 years of age 11 months

(iii) Where the staff member is 43 years of age 10 months

(iv) Where the staff member is 42 years of age 9 months

(v) Where the staff member is 41 years of age 8 months

(vi) Where the staff member is 40 years of age 7 months

(vii) All other staff members 6 months

(b) Transfer the staff member to a Suitable Vacant Position of equivalent grade and salary for which the staff member is suitable having regard to his/her qualifications and experience, in which case this clause no longer applies. Where such a transfer is rejected, the Vice-Chancellor or nominee may terminate the staff member on two weeks' notice and without payment of any retrenchment benefit;

(c) Transfer the staff member to a Suitable Vacant Position of lower grading and maintain that professional staff member's former salary level and incremental progression, in which case this clause no longer applies.

(d) Transfer the staff member to a position of lower grading without ongoing salary maintenance, in which case the professional staff member may:

(i) elect to remain in the new position and receive salary maintenance for a period calculated in like manner to the period in clause 48.3(b) based on length of service as at the date of transfer; or

(ii) within four weeks of the date of transfer elect to terminate his/her employment with immediate effect in which case the staff member shall receive a payment calculated in accordance with clause 48.3(b).

48.5. When employment is terminated pursuant to clause 48.3 or 48.4, the staff member shall receive payment in lieu of accrued long service leave provided that continuous service is one year or more.

48.6. A staff member who has been informed that he/she is excess to requirements shall be entitled to reasonable leave with pay to attend employment interviews. Where expenses to attend such interviews are not met by the prospective employer the staff member shall be entitled to reimbursement of reasonable travel and incidental expenses incurred in attending such interviews provided that not more than one day's paid leave or expenses shall be granted in respect of each interview.

48.7 This clause will not apply to casual professional and Teaching Associate staff members.