Reviews of Action (Personal Grievances)
Public Service Staff
Initial Review of Action
An initial 'review of action' (previously termed personal grievance) may be requested by an employee in respect of any action taken within a work location that directly affects an employee that the employee considers:
- is in breach of the Public Administration Act 2004; or
- infringes the principles of merit and equity, or infringes any personnel policy or guidelines by the Secretary; or
- is otherwise unfair or unreasonable.
An action includes refusal or failure to take action.
Executive Officers
Where a review of action is unable to be resolved at the local level, the matter should be lodged in writing to the Secretary within two weeks of the decision or action which the executive wishes to have reviewed.
Non-executive officers
Local Resolution:
Local resolution involves management and the staff member attempting to resolve a grievance without the need to move to a more formal level.
The staff member must initially discuss their grievance with their manager with a view to resolving the matter at that point. The manager should ensure the staff member has the opportunity to articulate the nature of their grievance with responses being transparent and open.
Where the staff member considers the discussions with his/her manager have failed to resolve the grievance, the staff member may submit the grounds of their continuing grievance, in writing, to their General Manager. The General Manager should provide a copy of the outcomes to the staff member.
Assisted Resolution:
Where a staff member believes their grievance remains unresolved he/she may make application (including a copy of the General Manager's decision) to the Human Resources Division through the Assistant General Manager, Policy and Employee Relations.
The AGM, Policy and Employee Relations, may appoint an officer to discuss the matter with the employee, his/her General Manager or their representative and other relevant personnel. The employee may nominate the CPSU or another representative as a contact for resolution discussions. Written advice, regarding the decision, will be provided to the staff member.
If the grievance is not resolved, the matter may be referred to the Merit Protection Board (MPB) for determination.
Review of Action:
A review of action may arise from issues to do with being identified as an unplaced staff member, being assessed as unsuitable for redeployment to an identified vacancy, being identified for retrenchment, leave and salary entitlements, performance assessment, criminal records checks (other than on initial employment) and matters to do with discrimination or harassment, including sexual harassment.
In the case of a review of action relating to being assessed as unsuitable for a vacancy, a review of action should be lodged with the MPB within 10 working days after the date of notification of the action or the day on which the employee became aware of the action.
A review of action relating to the identification of an employee as unplaced or for retrenchment must be lodged with the General Manager/Regional Director within 5 working days of the employee being notified in writing by the General Manager/Regional Director that he/she has been named as unplaced or identified for retrenchment. Every effort must be made to resolve the matter at the local level (refer Local Resolution above) and the staff member may be accompanied by a support person at these discussions. If the grievance is not resolved at the local level within 2 working days, the staff member may apply to the MPB for resolution.
Where a review of action has been initiated it is expected that the parties will have used informal resolution procedures to resolve the matter. Notwithstanding the use of such procedures a staff member may lodge a review of action with an external body at any time. A review of action must be lodged, on the approved application form, with the MPB within 28 days after the date of notification of the action or the day on which the employee became aware of the action. An application to the MPB should include a document signed by the parties recording the outcome of local discussions.
Where the matter still remains unresolved, the staff member may make application to Fair Work Australia under clause 10 of the Victorian Public Service Agreement 2006 and clause 10 of the Nurses (Department of Education and Early Childhood Development) Agreement 2008, for resolution by conciliation and, if necessary, arbitration.
Until the matter is determined, work must continue in accordance with usual practice.
Nothing in these procedures precludes a grievance from being pursued in accordance with the provisions of the Fair Work Act 2009 or any relevant agreement or award made under that Act.
Referrals to Public Sector Standards Commissioner
1. Review of Process
An employee may, by notice, request the Secretary to refer their application for initial review of action to the Public Sector Standards Commissioner for a review of the process of the initial review if the employee considers that the process:
(a) was unfair, or
(b) failed to comply with –
(i) the Act;
(ii) standards issued under section 64(5) or 66(2) of the Public Administration Act.
2. Failure to commence initial review
An employee may apply to the Public Sector Standards Commissioner for a review of the failure to commence an initial review if he/she lodges an application for initial review and the Department has not commenced the initial review within 30 days after the receipt of the application. The employee must lodge the failure to review application no earlier than 40 days, and no later than 70 days, after the Department received the application for initial review unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the application after that time.
3. Application for review without an initial review
Despite any process established by the Department for a review of action, an employee may make an application to the Public Sector Standards Commissioner for review without initial review if the employee alleges that the action constitutes victimisation or harassment of the employee for having made a previous application to the Public Sector Standards Commissioner. The employee can also make such application if the Department is alleged to have personally taken the action or is the primary decision maker.
School Based Staff | Public Service Staff
Other Resources
Review of Action (Personal Grievance) Process for VPS employees (PDF - 253Kb)
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