MERIT PROTECTION BOARDS INFORMATION SESSION FOR PRINCIPALS mpb.vic.au

2. MERIT PROTECTION BOARDS INFORMATION SESSION FOR PRINCIPALSwww.mpb.vic.gov.au P

3. How to stay out of the MPB • Peter Hibbins – Senior Chairperson • Gavan Schwartz – Secretary’s Nominee P

4. You Can’t What you can do is put in place policies and procedures that maximise your chance of satisfactory outcome when you do have to defend a decision at the Board. • Decision making processes are to be fair, accessible, and applied consistently in comparable circumstances. • Decision making criteria are to be relevant, objective and readily available to the people subject to the decision. • Decisions and actions are to be free of bias and unlawful discrimination. • Proper application of Policies and Processes may still lead to grievances. • It is a right of the employee to lodge a Grievance. P

5. Overview of Today’s Program • Role of Board • Statistics • Documentation of Decisions • Types of Appeals and Grievances • Personal Grievances • Selection Grievances • Hearings/Advocates • Importance of School Policies • Getting Advice P

6. www.mpb.vic.gov.au/training.htm Contents include: Ministerial Orders* / DEECD Human Resources policies* / Good Practice Checklist / Equal Opportunity resources / DEECD contact list * Note: Orders and DEECD policies are subject to change and should be checked regularly for currency. P

7. Merit Protection Boardswww.mpb.vic.gov.au • To advise the Minister about principles of merit and equity to be applied in the teaching service. • To hear reviews and appeals of decisions made under the Education and Training Reform Act 2006 (except Divisions 9A &10 – Unsatisfactory Performance / Misconduct). • To hear reviews and appeals of decisions concerning public servants in DEECD (under direct delegation of the Secretary) • Conduct training in the principles of merit and equity. Whilst established under the Education and Training Reform Act 2006 – the MPB is independent and has a key responsibility in assisting DEECD meet its legislative requirements in relation to the management of its employees. G

8. Statistics 1 Grievances received Went to a No Received Hearing Conciliated Jurisdiction Withdrawn Other 2 Selection 17% (151) 61% 2% 11% 18% 8% Personal 83% (754) 50% 14% 3% 25% 8% Grievances heard Upheld Disallowed Selection 52% 48% Personal 55% 45% • Referral 16% 4% • Compassionate Transfer 10% 5% • Employment Conditions 3 8% 7% • Leave 5% 3% • Other 4 16% 26% 1 905 teaching service grievances were received between 1 January 2004 and 30 June 2009 2 includes lapsed; out of time; pending 3 includes ongoing employment; part time employment; time fraction change 4 includes salary entitlements; higher duties; in excess; annual reviews; police checks G

9. Documentation of Decisions • Requirement of Public Administration Act • ‘’Documentation is to be sufficiently clear and comprehensive to render decisions transparent and capable of effective review’’ (PAA) • Examples - Use of Day Book/Diary / Email confirmation of discussion - Any decision made about a person should have some documentation to record it and why made. - Defending decisions requires supporting documentation. P

10. Types of Appeals and Grievances • Incapacity appeals (excluding non-teaching employees) • Selection grievances • Personal grievances, including discrimination and sexual harassment. Applications for appeals and grievances must be lodged within 14 days of notification of decision. G

11. How we make decisions for Personal Grievances • 3 Fold test - Is in breach of the Act or the appropriate order - Infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary or - is otherwise unreasonable • Conciliation – What is conciliation? Proof • Evidence that an attempt to conciliate must be provided to the MPB before a personal grievance can be heard G

12. Personal Grievances Decisions that have been the subject of personal grievances to the MPB include: P/G

13. Personal Grievances Local investigations • Under performance / Complaints and Misconduct - Policies and Practice - Role of Conduct and Ethics • Principal as investigator - DEECD policy • Issues seen recently - Allegations must be clear and indicate the breach - Verify any facts - Evidence used must relate to the issue - Conflict of interest (Investigator / Decision maker) - Allegations remain constant for the process - Decisions must refer to the expected behaviours/policies - Opportunity to respond • Natural Justice – What is it? P

14. Selection TYPES OF SELECTION • State-wide advertised • Higher duties (in school) • Expressions of Interest PROCESSES • Relative to Each Situation • A transfer or promotion of an ongoing employee is provisional and is subject to review and does not have effect pending confirmation (14 days) KNOW ‘’RECRUITMENT IN SCHOOLS’’ G

15. Typical Selection Process Issues • Key Selection Criteria – relevant ‘’Order’’ • Panel • Bias • Prior Knowledge • Referees • Documentation • How we make selection decisions - Process - Manifestly Inconsistent P/G

16. Priority Status Applicants Referrals/Compassionate Transfers • System Wide • Policy Awareness • Influence of Performance Reviews • Good people involved • Your school ‘’special’’ • What you would need to prove to the Board G

17. At the Hearing • Come prepared - Documentation • Come with support – it becomes lonely in the hearing room! • Know the facts • Speak briefly • Comment on the claims of the Appellant. • You will be given the right of reply. • You may be required to respond to questions from the Board. • It may be necessary for you to provide an explanation on how the decision/action under reviewed was arrived at. P

18. Use of Advocates Advocates will: • Clarify the issue/s – What are the technical aspects? • Identify how the issues relate to Legislation or Policy • Identify possibilities to come to a conciliated outcome • Give advice on how best to present the case • Give advice on the hearing process • Support the Decision Maker in the hearing • Responding to issues raised • Answering technical questions • Ensure the Board is fully informed of all the facts • Ask questions through the chair to emphasise your case • Briefly sum up case at conclusion of Decision Makers right of reply P

19. Testing your policies • Form basis for decision making in school • Must not contradict Department policies – check regularly because they often change. • Up to date? • Staff participation in establishing (ownership). Form basis for all activities undertaken in workplace. • Are they reasonable? • Changes in Legislation – Family friendly policy - Carer Considerations - E.O. Act 2008 G

20. Departmental Advice • Ask the right question • Any personnel issue go to relevant policy on A-Z website • Get a second opinion – check if different from first answer • Record the answer • Go to the guru! • Don’t rely on mates – use your professional associations www.mpb.vic.gov.au P

21. Questions/other issues • Issues not already covered • Using your Organisation’s Field Officers/Organisers P/G

22. Conclusion MPB 9651 0290 www.mpb.vic.gov.au P