MERIT PROTECTION BOARDS INFORMATION SESSION FOR PRINCIPALS P.

MERIT PROTECTION BOARDS INFORMATION SESSION FOR

PRINCIPALS

www.mpb.vic.gov.au

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How to stay out of the MPB

• Peter Hibbins – Senior Chairperson• Gavan Schwartz – Secretary’s

Nominee

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You Can’tWhat 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.

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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

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www.mpb.vic.gov.au/training.htmContents 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.

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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.

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Statistics 1

Grievances receivedWent to a No

Received Hearing Conciliated JurisdictionWithdrawnOther 2

Selection 17% (151) 61% 2% 11% 18% 8%

Personal 83% (754) 50% 14% 3% 25% 8%

Grievances heardUpheld 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

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.

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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.

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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

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Personal Grievances

Decisions that have been the subject of personal grievances to the MPB include:

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Refusal to grant leave

School policy inconsistent with DEECD policy

E.O. (Family Responsibilities) Act Reasonable

Outcome of local complaints process

Flawed investigation

Refusal to grant time fraction change

School policy inconsistent with DEECD policy

E.O. (Family Responsibilities) Act Reasonable

Outcome of higher duties assignments

Limiting EOI Too “streamlined” process

Translation from fixed term to ongoing employment

Not checking eligibility Getting eligibility wrong

Renewal of leading teacher contracts

Not following timeline Inconsistent outcome with Annual

Review

Outcome of Annual Review No warning in advance Not following timeline

Personal Grievances• 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

Local investigations

Selection

TYPES OF SELECTION• State-wide advertised• Higher duties (in school)• Expressions of InterestPROCESSES• 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

Typical Selection Process Issues

• Key Selection Criteria – relevant ‘’Order’’• Panel • Bias • Prior Knowledge • Referees• Documentation• How we make selection decisions

- Process- Manifestly Inconsistent

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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

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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.

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Use of AdvocatesAdvocates 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

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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

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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

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Questions/other issues

• Issues not already covered• Using your Organisation’s Field

Officers/Organisers

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Conclusion

MPB 9651 0290

www.mpb.vic.gov.au

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