Common use of Fixed Term Appointment Clause in Contracts

Fixed Term Appointment. (a) A fixed-term appointment is an appointment for a specified term or ascertainable period for which the appointment has specific starting and finishing dates upon which the term of the employment will expire (or instead of a finishing date, will specify the circumstances or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire). The use of fixed-term appointments is limited to the appointment of a staff member engaged in accordance with clause 2.6 or for work activity that comes within the description of one or more of the following circumstances: (i) ‘Specific task or project’ means a definable work activity which has a starting date and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it could include the following: a period of employment provided from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. (ii) ‘Research’ means work activity by a person engaged on research only functions for a contract period not exceeding 5 years. (iii) ‘Replacement staff member’ means: • • undertaking work activity replacing a staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from their usual work area; or • performing the duties of: a vacant position for which the University has made a definite decision to fill and has commenced recruitment action; or a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a staff member is engaged for the vacant position or vacant higher duties position as applicable. Upon notification of the return of the incumbent staff member due to unforeseen circumstances, including the early return of a staff member on parental leave, replacement staff may be terminated with the provision of four weeks’ notice. (iv) ‘Recent professional practice required’ means where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed-term contract not exceeding two years. (v) ‘Pre-retirement contract’ is where a staff member declares that it is their intention to retire, a fixed- term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to 5 years. (vi) ‘Fixed-term contract employment subsidiary to studentship’ is where a person is enrolled as a student. Employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this sub clause, that is work within the student’s Academic unit or an associated research unit of that Academic unit and is work generally related to a degree course that the student is undertaking within the Academic unit, provided that: • • such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the Academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and that an offer of fixed-term employment under this paragraph will not be made on the condition that the person offered the employment undertake the studentship. (vii) ‘Apprenticeship or Traineeship’ is a staff member employed pursuant to apprenticeship or traineeship approved by the relevant State authority. (b) A fixed-term appointment is subject to the probation and termination provisions for unsatisfactory performance and serious misconduct. Where the University determines that the work is no longer required during the contract period, the staff member will receive payment equivalent to the remainder of the contract, and where applicable, any relevant severance payment. (c) Where a fixed-term staff member has been engaged to undertake work for the purposes of 2.4(a)(i) or (ii) above for two or more consecutive fixed-term appointments over a period of five years or more, and they have been employed through a merit-based selection process, they will be eligible to apply for conversion to an ongoing position, provided their performance has been assessed as satisfactory, and there is an ongoing need for the work to be done by that staff member. (d) The University may decline a request for conversion where the work is not required to be done on an ongoing basis, or where funding for the position is not expected to continue. (e) Where a position is converted to an ongoing position, the incumbent may be offered appointment on a confirmed, ongoing basis where they have completed a probation period or they have been employed for a period at least equal to the probation requirements for the position, and they were appointed through a merit selection process. Where a person has served less than the probation period and was appointed through a merit selection process, the incumbent may be given an ongoing appointment subject to probation with the length of probation reduced by the period of employment on a fixed-term basis. (f) Where a position is maintained on a fixed-term basis and the incumbent was appointed through a merit selection process, the incumbent will be offered another appointment except where it is demonstrated that the staff member’s performance has been unsatisfactory.

Fixed Term Appointment. (a) A fixed-term appointment is an appointment for a specified term or ascertainable period for which the appointment has specific starting and finishing dates upon which the term of the employment will expire (or instead of a finishing date, will specify the circumstances or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire). The use of fixed-term appointments is limited to the appointment of a staff member engaged in accordance with clause 2.6 or for work activity that comes within the description of one or more of the following circumstances: (i) ‘Specific task or project’ means a definable work activity which has a starting date date, and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it could include the following: a period of employment provided from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. (ii) ‘Research’ means work activity by a person engaged on research only functions for a contract period not exceeding 5 years. (iii) ‘Replacement staff member’ means: • • undertaking work activity replacing a staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from their usual work area; or • performing the duties of: • a vacant position for which the University has made a definite decision to fill and has commenced recruitment action; or • a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a staff member is engaged for the vacant position or vacant higher duties position as applicable. Upon notification of the return of the incumbent staff member due to unforeseen circumstances, including the early return of a staff member on parental leave, replacement staff may be terminated with the provision of four weeks’ notice. (iv) ‘Recent professional practice required’ means where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed-term contract not exceeding two years. (v) ‘Pre-retirement contract’ is where a staff member declares that it is their intention to retire, a fixed- term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to 5 years. (vi) ‘Fixed-term contract employment subsidiary to studentship’ is where a person is enrolled as a student. Employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this sub clause, that is work within the student’s Academic unit or an associated research unit of that Academic unit and is work generally related to a degree course that the student is undertaking within the Academic unit, provided that: • • such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the Academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and that an offer of fixed-term employment under this paragraph will not be made on the condition that the person offered the employment undertake the studentship. (vii) ‘Apprenticeship or Traineeship’ is a staff member employed pursuant to apprenticeship or traineeship approved by the relevant State authority. (b) A fixed-term appointment is subject to the probation and termination provisions for unsatisfactory performance and serious misconduct. Where the University determines that the work is no longer required during the contract period, the staff member will receive payment equivalent to the remainder of the contract, and where applicable, any relevant severance payment. (c) Where a fixed-term staff member has been engaged to undertake work for the purposes of 2.4(a)(i) or (ii) above for two or more consecutive fixed-term appointments over a period of five years or more, and they have been employed through a merit-based selection process, they will be eligible to apply for conversion to an ongoing position, provided their performance has been assessed as satisfactory, and there is an ongoing need for the work to be done by that staff member. (d) The University may decline a request for conversion where the work is not required to be done on an ongoing basis, or where funding for the position is not expected to continue. (e) Where a position is converted to an ongoing position, the incumbent may be offered appointment on a confirmed, ongoing basis where they have completed a probation period or they have been employed for a period at least equal to the probation requirements for the position, and they were appointed through a merit selection process. Where a person has served less than the probation period and was appointed through a merit selection process, the incumbent may be given an ongoing appointment subject to probation with the length of probation reduced by the period of employment on a fixed-term basis. (f) Where a position is maintained on a fixed-term basis and the incumbent was appointed through a merit selection process, the incumbent will be offered another appointment except where it is demonstrated that the staff member’s performance has been unsatisfactory.