Human Resources

Appeals / Grievances / Reviews

School Based Staff

Overview

Where an employee considers they have been treated unfairly or unreasonably in any matter related to their employment, the Education and Training Reform Act 2006, the regulations and orders made under that Act and various industrial instruments provide for access to appeal, review, grievance or dispute resolution processes depending on the nature of the matter.

Merit Protection Boards

Merit Protection Boards are established under section 2.4.44 of the Education and Training Reform Act 2006 to advise the Minister about principles of merit and equity to be applied in the teaching service and to hear reviews and appeals in relation to decisions made under the Act (with the exception of Divisions 9A or 10 of the Act).

In addition Ministerial Orders 199 and 200 provide that Merit Protection Boards may hear personal grievances.

An application to have a matter heard by the Merit Protection Boards must be lodged within fourteen days of the decision (or action in the case of a personal grievance) with which the employee is dissatisfied.

The Merit Protection Boards may request the attendance of the employee, including any person asked to act as an agent in relation to matters before the Boards. Employees will be released to attend hearings in these cases.

The Merit Protection Boards will ensure that procedures are conducted in accordance with the principles of natural justice that provide for both sides to have the opportunity to present their case before an independent body, and to hear and comment on the other party's version of the events.

The Merit Protection Boards provide guidelines on the procedures relating to hearings. Further information regarding appeals, reviews and grievances is available on the MPB web site

Disciplinary Appeals Boards

Disciplinary Appeals Boards are established under section 2.4.72 of the Education and Training Reform Act 2006 to hear and determine appeals in relation to decisions made under sections 2.4.61 and 2.4.59F of the Education and Training Reform Act 2006.

Further information is available from the Merit Protection Boards who administer the Disciplinary Appeals Boards.

Appeals

Under the Education and Training Reform Act 2006 an employee in the Teaching Service may appeal a decision to a Merit Protection Board in the following circumstances:

  • Section 2.4.11(2) of the Education and Training Reform Act 2006 provides for an appeal if an employee feels aggrieved by a decision not to grant a salary or wages progression where provision is made for the progression of salary or wages.
  • Section 2.4.41(7) of the Education and Training Reform Act 2006 provides an appeal against a decision to cancel a promotion or transfer because the person does not possess the necessary qualifications.
  • Section 2.4.57 of the Education and Training Reform Act 2006 provides for an appeal where employment is terminated on account of physical or mental incapacity.

Under Section 2.4.68 of the Education and Training Reform Act 2006 an employee in the Teaching Service may appeal to a Disciplinary Appeals Board against a determination to take action under Division 9A (Unsatisfactory Performance) or Division 10 (Misconduct) of Part 2.4 of the Act.

Reviews of selection decisions

Teaching Service

Under the Education and Training Reform Act 2006 an employee in the Teaching Service may seek that a Merit Protection Board review a selection decision in the following circumstances:

  • Section 2.4.7(5) of the Education and Training Reform Act 2006 provides for review where employment to the Teaching Service is refused on the grounds that the person does not possess the necessary qualifications or experience required under the relevant Ministerial Order.
  • Section 2.4.51 of the Education and Training Reform Act 2006 provides for review where an ongoing employee considers that he or she has a better claim to be transferred or promoted to a vacant position, other than a principal position, than the ongoing employee provisionally transferred or promoted to that position. It should be noted that the transfer of an employee with priority status into a vacant position is not provisional and therefore is not subject to review. 
  • Section 2.4.54(2) of the Education and Training Reform Act 2006 provides for review where an ongoing employee considers that he or she has a better claim to be transferred or promoted to a vacant principal position than the ongoing employee provisionally transferred or promoted to that position.

A transfer or promotion of an ongoing employee (other than the transfer of an employee with priority status) is provisional and is subject to review and does not have effect pending confirmation. 

The details of a provisional transfer or promotion, including the closing date for lodging a review, will be available from the day after applicants have been notified through the Recruitment Online system of the selection outcome.  The details will be accessible through the provisional transfer or promotion link on the Careers page on Recruitment Online for fourteen (14) calendar days for all applicants to view and determine their eligibility to seek a review.

A transfer or promotion is confirmed when the Merit Protection Boards advises either that no review has been lodged or that any review has been resolved.

To access the list of provisional transfers or promotions, select the following link: Provisional transfers or promotions.

School council employees

Ministerial Order 200 provides for school council employees to lodge a personal grievance in relation to a selection decision. The grounds are limited to deficiencies in the selection process which prevented the selection of the person best suited to the position.

The following matters are excluded from the definition of a selection personal grievance:

  • the selection of a person who is not an employee
  • the selection of an employee in circumstances where the aggrieved employee is not qualified, eligible, or an applicant for the position.

Personal grievances

Ministerial Orders 199 (PDF - 462Kb) and 200 (PDF - 303Kb) provide for the right to lodge a personal grievance with the Merit Protection Boards in respect of an action taken within a work location that directly affects an employee which the employee considers:

  • is in breach of the Education and Training Reform Act 2006 or Ministerial Orders 199 or 200; or
  • infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary; or
  • is otherwise unreasonable.

Action means a decision and includes refusal or failure to take an action.

The following matters are excluded from the definition of a personal grievance:

  • employment, transfer or promotion under the Education and Training Reform Act 2006;
  • proceedings under Divisions 8, 9, 9A, 10 or 11 of Part 2.4 of the Education and Training Reform Act 2006;
  • decisions prescribed by regulation under Section 2.4.44(2)(d) of the Education and Training Reform Act 2006;
  • termination of employment, other than the annulment of the employment of a probationer under section 2.4.8(3) of the Education and Training Reform Act 2006;
  • decisions made by the Senior Chairperson, Merit Protection Boards, to refuse an application or request for review;
  • determinations or directions by the Senior Chairperson, Merit Protection Boards.

Excess grievances

An ongoing employee in the teacher class or education support class of the Teaching Service or the union on an employee's behalf, may lodge a personal grievance in relation to:

  • being identified as an excess employee; or
  • being assessed as unsuitable for redeployment to an advertised position; or
  • being identified for retrenchment.

Grievances in relation to the identification of an employee must be lodged with the principal within five working days of the employee being notified in writing by the principal that he or she has been named as excess.

Every effort must be made to resolve the grievance at the school level. If the grievance is not resolved at the school level within two working days of the grievance being lodged with the principal, the employee may apply to the Merit Protection Boards for determination.

Grievances in relation to an excess employee being assessed as unsuitable for redeployment to an advertised vacancy may be lodged directly with the Merit Protection Boards within fourteen calendar days of the employee being notified that they have been assessed as unsuitable.

Grievances in relation to being identified for retrenchment must be lodged with the General Manager, Human Resources within five working days of the employee being notified in writing of the decision. The General Manager, Human Resources shall review the decision and attempt to resolve the grievance.

Every reasonable effort must be made to resolve the grievance to the satisfaction of the parties. If the grievance is not resolved within five working days of the grievance being lodged with the General Manager, Human Resources, the employee may apply to the Merit Protection Boards for determination.

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.

Compassionate transfer grievances

An ongoing employee in the teacher class or education support class of the Teaching Service may lodge a personal grievance with the Merit Protection Boards where compassionate transfer status is not approved or the employee is assessed as unsuitable for transfer to an advertised position.

Employment limitation review

An employee in the Teaching Service or a school council employee may lodge a personal grievance with the Merit Protection Boards where following an internal review an employment limitation is maintained. The only ground for review is that there was a significant deficiency in the process.

Workplace agreement grievances

An employee in the Teaching Service may pursue a grievance through the dispute resolution procedures set out in the Victorian Government Schools Agreement 2008 or the Victorian Government Schools -School Services Officers-Agreement 2004. The arrangements for dealing with a grievance lodged under clause 11(10) of the Victorian Government Schools Agreement 2008 or clause 11(8) of the Victorian Government Schools -School Services Officers-Agreement 2004 can be accessed under Procedures and Forms below.

 

School Based Staff | Public Service Staff

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Procedures & Forms

Legislation

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