(Updated: June 2010)

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 Collective Agreement 2010 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 week's notice of resignation.

Further information for staff who package their salary can be found at Policy 115 Section 4 Flexible Remuneration Packaging. 

Academic and Professional Staff resignations should be sent to the supervisor (Level 1 delegate).

The department should prepare a HR12 Cessation/Transfer form, attach the letter of resignation to it and send it to their local HR representative immediately. The local HR representative will then forward the HR12 Form to the Payroll Team in HR Central for processing. The formal letter of resignation should remain with local HR and be included on the staff member's personal file. Prompt action ensures that salary overpayment does not occur. If the staff member applies for leave after the HR12 has been sent to local HR, the department must notify the local HR representative by telephone to avoid overpayment.

The resigning staff member receives a letter from the Payroll Team in HR Central 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.

The staff member is also responsible for ensuring that all outstanding monies or loans owed to the University are finalised prior to the resignation date.

Note: Forms available from http://www.hr.unimelb.edu.au/aboutus/forms.

(Last amendment: June 2010)

There is no mandatory retirement age for staff in the University. This policy 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.

• Accident Compensation Act 1985 (Vic)
• The University of Melbourne Collective Agreement 2010

There are several matters related to retirement that retiring staff should investigate well before they leave the University:

• Superannuation: see Policy 118 Section 1.4 Procedures

• Long Service Leave: see Policy 108 Section 9 Long Service Leave.

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 7 Phased Retirement.

Where a continuing staff member expresses an intention to retire, the staff member may be placed on a fixed-term contract that expires on or around the staff member’s nominated retirement date (see Policy 100 Section 2.3.2.4 Fixed-term categories of work activity and Policy 106 Section 5.3.4 Pre-retirement contracts for more information).

Further information for staff who package their salary can be found at Policy 115 Section 4 Flexible Remuneration Packaging.

Please ensure the following steps are taken when a staff member wishes to retire:

• prepare a HR12 Cessation form at least four weeks prior to the anticipated end date;

• send the signed form to your local HR representative immediately;

• the local HR representative will then forward the HR12 Form to HR Central and retain the letter of resignation for inclusion on the staff member's personal file.

Prompt action ensures that salary overpayment does not occur. If the staff member applies for leave after the HR12 has been sent to local HR, the department must notify their local HR representative by telephone to avoid overpayment.

The retiring staff member receives a letter from HR Central, 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: June 2010)

• The University of Melbourne Enterprise Agreement 2006 (expired)

• The University of Melbourne Collective Agreement 2010

NOTE: The conditions of fixed-term employment were substantially revised in The University of Melbourne Collective Agreement 2010, including the conditions relating to early termination of fixed-term contracts. Therefore, the requirements regarding early termination of fixed-term employment will differ depending on whether a staff member was employed under The University of Melbourne Enterprise Agreement 2006 or The University of Melbourne Collective Agreement 2010.

All fixed-term contracts offered or renewed on or after 15 June 2010 are contracts made under The University of Melbourne Collective Agreement 2010.

For advice on these issues, please consult your local HR representative.

Any fixed-term contract may be terminated before its expiry date by the University:

• during the probationary period contained in the contract (refer Policy 105 Probation and Confirmation for relevant procedures); or

• on the grounds of wilful or serious misconduct misconduct (see Policy 109 Section 2 Unsatisfactory Performance and Misconduct for relevant procedures).

The University can also terminate a fixed-term contract made under The University of Melbourne Enterprise Agreement 2006 before its expiry date:

• for unsatisfactory performance;

• if the external funding upon which the fixed-term contract is based ceases; or

• where the work is no longer required to be undertaken.

1. The University of Melbourne Collective Agreement 2010:

Where a fixed-term contract made under The University of Melbourne Collective Agreement 2010 is terminated during a probationary period, notice is payable in accordance with Section 3.2.2.1 Table 1 Notice and Severance for Early Termination below. If a fixed-term contract is terminated for wilful or serious misconduct, no notice is required.

2. The University of Melbourne Enterprise Agreement 2006

Where a fixed-term contract made under The University of Melbourne Enterprise Agreement 2006 is terminated before its expiry date, notice and/or severance is payable as in Section 3.2.2.1 Table 1 Notice and Severance for Early Termination and Section 3.2.2.2 Table 2 Notice of early termination to be given to a staff member below.

3. 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.

4. 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 in these circumstances, please contact your local Human Resources representative.

A Head of Budget Division may approve early termination of a fixed term contract following consultation with the local HR representative.

(Last amendment: June 2010)

• The University of Melbourne Enterprise Agreement 2006 (expired)

• The University of Melbourne Collective Agreement 2010

NOTE: The conditions of fixed-term employment were substantially revised in The University of Melbourne Collective Agreement 2010, including the conditions under which severance is payable on completion of a fixed-term contract. Therefore, the severance requirements will differ depending on whether a staff member was employed under The University of Melbourne Enterprise Agreement 2006 or The University of Melbourne Collective Agreement 2010.

All fixed-term contracts offered or renewed after 15 June 2010 are contracts made under The University of Melbourne Collective Agreement 2010.

For advice on these issues, please consult your local HR representative.

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 Section 4.2.1.1 Table 3 below.

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 to the provision of specific funding to support employment, the University is not reasonably able to give notice required by this clause 4.2.1, 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.

Staff employed on Specific Task or Project, Research or Externally-funded fixed-term contracts will be eligible for severance payments in accordance with Section 4.2.2.1 Table 4 at the completion of the contract however, there are slightly different eligibility criteria depending on whether the staff member was employed under The University of Melbourne Enterprise Agreement 2006 or The University of Melbourne Collective Agreement 2010.

Eligibility for severance pay - The University of Melbourne Collective Agreement 2010

1. Severance as outlined in Section 4.2.2.1 Table 4 will be payable to staff members employed on a Specific Task or Project, Research or Externally-funded contract (as defined in Policy 100 Section 2.3.2.4 Fixed-term categories of work activity) where:

• the staff member seeks to continue employment; and
• the staff member is employed on a second or subsequent fixed-term contract to do work required for the circumstances described in the contract and the same or substantially similar duties are no longer required; or
• the staff member is employed on a fixed-term contract to do work required for the circumstances described in the contract and the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

2. Where a Specific Task or Project contract (or series of contracts) terminates and the staff member has been employed on the same or similar tasks or projects for a period in excess of ten years, the severance payments in Section 4.2.2.2 Table 5 will be payable in lieu of the payments in Section 4.2.2.1 Table 4.

3. 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 six weeks from the expiry of the period of fixed-term employment.

4. In certain circumstances, the payment of severance may be waived or varied if the University can offer or procure an offer of comparable alternative employment for the staff member. “Comparable alternative employment” is employment at the same or similar time fraction which provides the staff member with overall salary and conditions comparable to the staff member’s existing salary and conditions.

Eligibility for severance pay - The University of Melbourne Enterprise Agreement 2006

1. Severance as outlined in Section 4.2.2.1 Table 4 will be payable to a staff member employed on a specific task or project, research or externally-funded fixed-term contract under the conditions of The University of Melbourne Enterprise Agreement 2006  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 Policy 106 Section 1.3.2 offer of further fixed-term employment (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 Policy 106 Section 1.3.2 offer of further fixed-term employment (b).

Where eligible, as outlined in in this clause 4.2.2, severance pay will be paid in accordance with Section 4.2.2.1 Table 4.

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.

This Section 4.2.3 only applies to fixed-term contracts defined as “Other” under the conditions of The University of Melbourne Enterprise Agreement 2006.

Staff members on fixed-term contracts in any of the categories in Policy 100 Section 2.3.2.4 Fixed-term categories of work activity, other than Specific Task or Project, Research or Externally-funded are not entitled to severance upon completion of their contract.

1. Severance pay shall be payable to a fixed-term staff member employed under the conditions of The University of Melbourne Enterprise Agreement 2006 to perform work other than research, a specific task or project, or where the work is externally funded 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 this Section 4.2.3, severance pay will be paid in accordance with Section 4.2.3.1 Table 6.

2. Where severance is payable under this Section 4.2.3, 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.

For information on when a fixed-term staff member may be eligible for conversion to continuing status see Policy 106 Section 1.3.3 Right to apply for conversion from fixed-term to continuing employment.

The procedures relating to applications for conversion are outlined in Section 4.3.2 Procedures applicable to conversion from fixed-term to continuing employment.

The following procedures apply to staff employed under:

• any of categories of fixed-term employment listed in Policy 100 Section 2.3.2.4 Fixed-term categories of work activity; or
• the categories of specific task or project, research or externally-funded contract under The University of Melbourne Enterprise Agreement 2006.  

Approximately twelve weeks before the completion of the fixed-term appointment, HR Central will generate a HR22 - Contract of Employment Advice and Action Form and forward this to the local HR staff in the relevant Department. The Department will then act as follows.

If the position is to cease:

• complete the HR22 Contract of Employment Advice and Action Form with the approval of the relevant Level 2 delegated authority;
• ensure that the periods of notice specified in Section 4.2.1.1 Table 3 have been complied with;
• send the completed form to the Payroll Team in HR Central at least 4 weeks before the appointment expires.

If the position is to be extended or renewed:

• complete the HR22 Form, advising of any changes to the position, funding, department/section, time fraction/hours worked, days worked and/or superannuation;
• ensure the form is approved by the Dean or Head of Budget Division; and
• send the completed form to local HR four weeks before the current appointment end date.

Staff employed under fixed-term contracts in the “Other” category under The University of Melbourne Enterprise Agreement 2006 will be issued with a new offer of employment if their employment with the University is to be extended on either a fixed-term or continuing basis. The new offer of employment must be compliant with University policy relating to offers of employment (see Policy 100 Position Funding and Details and Policy 101 Recruitment and Selection).

(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 local 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 local Human Resources with the grounds for rejection.

(c) Notification

If the application for conversion is approved, local 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 local Human Resources including the grounds for the rejection.

(Updated: June 2010)

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 (Vic) is not altered by this policy.

• University of Melbourne Collective Agreement 2010

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 5.3.7 Staff member may apply for a disability benefit to Section 5.3.10 Superannuation fund decides that the staff member can resume work 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 5.3.4 Staff member to receive copy of medical report or Section 5.3.6 A staff member refuses to undergo a medical examination), 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 Executive Director (Human Resources) (in the case of professional staff) or the Provost (in the case of academic staff) outlining the grounds for his/her view and requesting that the staff member be required to undertake a medical examination.

A copy of the medical practitioner's report will be provided to the Executive Director (Human Resources) or Provost 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 Executive Director (Human Resources) or Provost 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 5.3.11 Staff member may seek a further review.

At any time during the process in Section 5.3.2 Head of Department requests approval for a medical examination of staff member to Section 5.3.6 A staff member refuses to undergo a medical examination 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 5.3.10 Superannuation fund decides that the staff member can resume work and Section 5.3.11 Staff member may seek a further review.

Action at Section 5.3.4 Staff member to receive copy of medical report 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 5.3.2 Head of Department requests approval for a medical examination of staff member.

Within 10 working days of receiving notice of termination under Section 5.3.4 Staff member to receive copy of medical report, 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.

(Last amendment: December 2009)

In the event of a staff member’s death, the University will assist the staff member’s family and arrange for any outstanding entitlements to be made to the staff member’s estate as soon as possible.

This section provides details of the University’s policy and procedures relating to a staff member’s death.

The Executive Director, Human Resources should be notified in writing of the death of a current staff member as soon as possible.

The University will, upon receiving notice in writing of the staff member’s death and a written request for information regarding the employee entitlements from the relevant person (e.g. a family member of the deceased employee, or the solicitor engaged to administer the deceased’s estate), provide information regarding:

• the monies payable; and
• the University’s procedures that must be followed before those monies are paid.

The University will assist the family and colleagues of a deceased staff member through access to the University’s Counselling Service as an initial source of professional assistance.

The Head of Department will notify the Executive Director, Human Resources in writing of the death of a current staff member. The local Human Resources Consultant (HRC) should also arrange for a HR12 - Advice of Cessation of Employment form to be completed and submitted to HR Shared Services. The form is available from the HR Forms Library http://www.hr.unimelb.edu.au/aboutus/forms.

The local HRC will notify Student Administration as soon as practicable in the event that the staff member is also a student of the University.

The Vice Chancellor will write to the staff member's family to offer condolence.

The local HRC will liaise with the family of the deceased staff member to obtain the name of the executor of the Will or (where there is no Will) the administrator of the estate and, where necessary, assist the family and colleagues with accessing the University's Counselling Service. The HRC will also oversee the administration of outstanding entitlements owed and ensure any monies owed are paid to the correct person.

The Executive Director, Human Resources will also write to the staff member's family (or next of kin) to confirm details of the executor of the deceased staff member's estate and to advise of all outstanding entitlements owed.

Payment of entitlements is made by cheque payable to the estate of the deceased staff member and may consist of:

• unpaid salary (up to and including the date of death)
• payment in lieu of unused annual leave entitlements
• annual leave loading
• long service leave entitlements

All payments are processed by Payroll Unit, HR Shared Services.

The University's Superannuation Officer in HR Shared Services will advise Unisuper (or alternative superannuation fund) of the staff member's death. Unisuper will then deal directly with the relevant person (e.g. a family member of the deceased employee, or the solicitor engaged to administer the deceased's estate).

(Last amendment: December 2009)

• See also Policy 106 Section 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. Local Human Resource Consultants can provide full details of entitlements under the scheme, and these should be obtained before an applicant 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 by submitting a HR6 form to reduce their time fraction, along with a letter requesting approval for the Phased Retirement Scheme and 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 Head of Budget Division or Budget Division Manager, including full details of the advantages to the University;
• the Head of Budget Division or Budget Division Manager formally agrees to the retirement date, which can only be changed by mutual agreement, approves the application and advises local Human Resources of the decision;
• Local Human Resources notifies the staff member and the Head of Department of the decision.

In exceptional circumstances, the Executive Director (Human Resources) may determine that a staff member has abandoned his or her employment even if all of the conditions of Section 8.3.1. Conditions for Abandonment of Employment have not been met.

Such a determination will be made when the Executive Director (Human Resources) is satisfied that, on an assessment of the facts of a particular case, the staff member's actions constitute an abandonment of employment.

Issues of abandonment of employment are complex. As soon as it becomes evident that a staff member is absent without notice or approval, the supervisor should contact their local Human Resources Consultant for advice.