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Introduction
Today’s Program
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Introduction / Legislative Framework
for Decision Making
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Effective Staff Selection
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Peter Hibbins, Senior Chairperson MPB
David Lawry, DEECD Representative
The Merit Protection Boards
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Peter Hibbins
Introduction
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Today’s Team
Your folder of resources
MPB training is a compliance program
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Your responsibilities as an MPB
trained panel member
Website Contents
www.mpb.vic.gov.au
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Public Sector Standards
Good Practice Checklist
Equal Opportunity resources
DEECD contact list
HRWeb A-Z Topic Index
http://www.education.vic.gov.au/hrweb/aztopic/Pages/default.apsx
Purpose of the Program

Encourage consistent and fair recruitment and
selection practices

Support sound decision making by applying the
principles of merit and equity to all personnel matters

Provide information about the Merit Protection Board
(MPB)

Reduce the likelihood of grievances
About the MPB
Hear reviews and appeals of decisions made for


Teaching Service members under the Education and Training Reform
Act 2006

Public servants in DEECD under direct delegation of the
Secretary
(Public Administration (Review of Actions) Regulations 2005)

Conduct training in the principles of merit and
equity

Advise the Minister about principles of merit and
equity to be applied in the teaching service

The MPB is independent and has a key
responsibility in assisting DEECD meet its
legislative requirements in relation to the
management of its employees
Reviews and Appeals of
Selection Decisions
Ongoing VPS v Ongoing VPS
Merit Protection Board
Fixed Term VPS v Fixed Term VPS
Ongoing Teaching Service v Ongoing TS
Other VPS v Other VPS
A person who is outside
of the Department:
Eg: Private Sector
Complaint to the Department
Fair Work Australia
Ombudsman
State Services Authority
Equal Opportunity and Human Rights
Commission
Reviews and Appeals of
Decisions
Leave (LSL / LWOP), Higher Duties, Positions of Responsibility, Time fraction changes,
Translation from fixed-term to ongoing employment, non-renewal of Principal class
contracts, leading teacher tenure, declaration of excess, referrals to vacancies, allotments,
salary discrepancies, management of complaints, management of harassment and bullying
allegations.
Ongoing Employee* (teacher, principal,
education support, VPS, allied health,
nurse)
MPB
Fixed Term Employee* (teacher, principal,
education support, VPS, allied health,
nurse)
MPB
Casual Relief Teacher or other casual
employee
MPB
Merit Protection Board
Membership

Chairpersons nominated by the Minister

Secretary’s Nominees

VPS staff member nominated by the Senior
Chairperson
The
Senior Chairperson selects a person from
each pool to constitute a Board of three (3) to hear
each grievance.
The
Senior Chairperson is a full time member of
the MPB
Legislative Framework for
Decision Making
Public Administration
Act 2004
Equal Opportunity Act
2010
Education and Training
Reform Act 2006
Procedural Fairness: “A Fair Go
All Round”



Conciliation and Arbitration Act 1904

This Act introduced the rule of law in industrial relations for the
whole nation

Australia established a national workplace relations tribunal

Now called Fair Work Australia
A “fair go all round”
Decision makers must act fairly and without bias
Public Administration Act 2004

Applies to all state government employees

Act establishes for government employees:

Fair and reasonable treatment

Merit in employment

Reasonable avenue of redress

Equal employment opportunity principles

Protection of human rights
Fair & Reasonable Treatment*
* Public Sector Employment Principles Standard (No 1) 2006

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

Documentation is to be sufficiently clear and
comprehensive to render decisions transparent and
capable of effective review
Merit in Employment*
* Public Sector Employment Principles Standard (No 1) 2006

Employment decisions are to be based on the
proper assessment of individuals’ work related
qualities, abilities and potential against the genuine
requirements of the employment opportunity

Decisions to appoint new employees or promote
existing employees are to be based on competitive
selection. Processes are to be open and designed
to identify a suitable field of qualified candidates
Victorian Equal Opportunity
Act 2010

Promotes recognition and acceptance of everyone’s
right to equality of opportunity

Eliminates sexual harassment

Provides redress for people who have been
discriminated against or sexually harassed
Vicarious Liability / Prohibition of
Authorising or Assisting
Discrimination

In order to avoid liability, employers must take
reasonable precautions to prevent employees or
agents from discriminating against or sexually
harassing others

A person must not request, instruct, induce,
encourage, authorise or assist another person to
discriminate or sexually harass
Cyber-vetting
Before you “GOOGLE” an applicant consider:
 privacy
issues
 gossip,
hearsay and confidentiality
 possible
discrimination
 relevance
of the information to the selection
criteria
Remember:
Cyber-vetting can be a two way street
Effective Staff Selection
Getting Started
Develop
a specific job role in the context of the workplace
structure, unit priorities and VPS Work Level Standards for the
classification level
Consider
How
can we get the best person for the job?
Can we afford the position?
Does it fit the leadership profile?
Consider
•
is the position:
Ongoing / Fixed term/Higher Duties?
Prepare
and revise the position description and ensure that the
key selection criteria are relevant
Ensure
appropriate advertising in order to attract the broadest field
of suitable applicants
Getting Started continued...
Applicants should submit their applications online
however applicants without access to the internet may
submit hard copies

Vacancies of 6 months or less may be filled through a
process determined by individual managers, e.g. internal
advertisement.


All other positions must be advertised as follows:
ongoing and fixed term more than 12 months via
http://jobs.careers.vic.gov.au/det and Careers with
Victorian Government (http://www.careers.vic.gov.au)

fixed term of more than 6 months and up to 12 months,
via http://jobs.careers.vic.gov.au/det

Selection Panel
Including panels for internal advertisements
The Manager is responsible for the
selection process and must establish a
selection panel appropriate to the vacancy

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Minimum of three persons
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One Merit Protection Board trained
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Gender representation
Selection Panel Administration
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It is strongly recommended that the panel meet
prior to reading any applications
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Adequate notes of the panel meetings and key
decisions must be kept
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Incomplete or late applications must be managed
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Applicants without access to the internet must be
allowed to submit written applications
Panel Chairperson’s Role
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Coordinates the Selection Process
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Ensures agreed selection strategies are clear
and followed
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Indentifies any applicants who are unplaced or
who are redeployees
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Prepare list of all applicants for selection panel
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Attends MPB hearing with Manager
Panel Members must….

Observe confidentiality throughout and following
the process
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Declare any conflict of interest, potential bias or
prior knowledge of any applicants in relation to
the selection criteria
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Understand the requirements of the role
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Fairly assess and rank applicants against the
key selection criteria
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Keep notes of all their decisions
Managing Prior Knowledge

Prior knowledge of an applicant relevant to the
selection criteria should be used but must be
validated
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Before applications are read, the chairperson
must record panel members’ prior knowledge
of any applicants

Any potential conflict of interest or bias issues
should be resolved. Notes to be taken of this
discussion
Staff with Priority Status

Excess employees may apply for, or be referred
to vacancies

These employees must be considered in
isolation from and not in competition with other
applicants

Considered in isolation means all other
employment action for that position ceases
Selection Panel Strategy

Develop an understanding of the selection
criteria
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Decide how to manage any panel member’s
prior knowledge of applicants

Agree on selection techniques:
a. shortlisting processes
b. interview process
c. use of referees
d. method for rating applicants

Manage internal applications
Shortlisting applications

Identifies those who best meet criteria
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All applications should be read and ranked
against selection criteria by all panel
members
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Only nominated referees may be used to
shortlist (questions must be based on
selection criteria)
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Check for qualifications - (e.g.Social Worker)
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Briefly document the reason(s) for not
shortlisting applicants preferably against
each criteria
Before the Interview
Prior to the interview, advise shortlisted
applicants of:

venue, date and time

the members of the selection panel
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the selection strategies to be used
and

set up the space appropriately
The Interview
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Questions must relate to the selection criteria
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Questions should be consistent (but not
necessarily identical) for all applicants
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Supplementary questions must relate only to the
selection criteria
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Questions must not be discriminatory or too
complex
Note: Interview complements the written application,
detailed referee checks and prior knowledge
Referee Checks
o Referee checks provide information to expand,
confirm or vary the panel’s assessment of an
applicant
o The panel may choose to contact non-nominated
referees but must inform applicant
o Questions to referees must relate to the selection
criteria and responses recorded
o Referees should be advised that their comments
will be treated confidentially
Referee Checks continued…
o Oral referee checks are preferable to written
references
o Negotiate a suitable time and provide selection
criteria in advance to referees
o Questions to referees must be determined by
the selection panel
o Any information provided by referees must be
documented
Assessing and Ranking the
Interviewed Applicants
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The panels task is to determine which
candidates best meet the Selection Criteria
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This is a subjective value judgement
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Only the selection criteria can be used in
making this decision
Note:
 The panel may recommend a “no
appointment”
 The panel may conduct a second interview
Assessing and Ranking the
Interviewed Applicants
o Unsuitable applicants should not be ranked
o Complete an Individual Selection Report form
for each shortlisted applicant
o Completed panel report goes to the General
Manager who will either accept or reject the
recommendation
Notification to Applicant
o After the recommendation is approved by the General
Manager, the Chairperson of the panel must confirm with
the successful applicant their willingness to accept the
position
o DEECD advises all applicants for statewide advertised
positions of the outcome and the right to a review, if
applicable
o At this stage applicants may request a copy of their
Individual Selection Report
o A formal appointment cannot be made until the review
period is concluded and the MPB advises that no
application for a review has been lodged
Selection Documentation
o Prepare the written VPS Selection Report
(including Individual Selection Report for
each shortlisted applicant) using the
proformas available on HRWeb
o Selection documentation must be securely
retained as per disposal schedule*
Public Records Office Standard 07/01(Currently 2 years)
Feedback
o All applicants should have the opportunity for
detailed feedback on their application and
performance
o Detailed feedback should only be provided (if
requested) once the outcome of any review is
known
o Panels should agree on:

the information to be provided

who will provide the feedback
The Merit Protection Boards

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 Division 9A & 10 – Unsatisfactory
Performance / Misconduct)

To hear reviews and appeals of decisions
concerning public servants in DEECD (under
direct delegation of the Secretary)
(Public Administration (Review of Actions) Regulations 2005)
Review of Action Board

Senior Chairperson

Secretary’s Nominee

Public Servant nominated by the Senior
Chairperson

The Senior Chairperson is a full time
member of the MPB
Types of Grievances
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Selection grievances
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Applications for selection grievances must be lodged
within 10 working days of notification of decision
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Personal grievances, including discrimination
and sexual harassment
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Applications for personal grievances must be lodged
within 28 days of notification of decision
Grounds for a Selection
Grievance


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the employee was qualified to apply for the position
the employee applied for the position (or would have
applied for the position if it had been advertised in
accordance with Departmental policies or procedures)
a selection decision was made;
the person selected was an employee of the
Department, an employee of another VPS agency
(provided the non-selection would represent a
promotion for that person), or an unplaced staff
member.
Grounds for a Selection Grievance
o
o
Error of law, or
Significant deficiency in the selection process.
Outcomes of Selection
Grievances
o The Senior Chairperson may recommend:
•
•
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to confirm the validity of the selection decision;
to vary, reverse or revoke the selection decision;
to request that a selection decision be reconsidered;
or
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to request that the position be re-advertised
Note: the preferred applicant should not commence in
the position until the appeal process is completed.
Grounds for Personal
Grievances
o The action is unfair
o Inconsistent with the Public Administration Act
2004, including the Public Sector Employment
Principles
Personal Grievances to the
MPB include:
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breaches of Departmental guidelines, policies or
procedures,
identification as unplaced staff or redeployment or
retrenchment of staff
leave & salary entitlements,
performance assessment,
criminal records checks, victimisation & bullying,
discrimination,
harassment, including sexual harassment, and
disciplinary matters.
Outcomes of Personal
Grievances
The Senior Chairperson may recommend to the
Secretary one or more of the following:
• To confirm the validity of the action (or decision);
• To vary, reverse or revoke the action (or decision);
• To request that an action or decision be reconsidered;
• To change Departmental processes; or
• That any other action be taken.
The Secretary will generally abide by the recommendation of the VPS
Review of Action Board however he or she is not obliged to do so.
Hearing Process for Personal &
Selection Grievances
Prior to the Hearing

Application

Response from decision maker

Copy provided to appellant

Hearing date set
If the matter is conciliated or settled beforehand, the
hearing will be cancelled
The Hearing
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The Decision Maker explains the basis for the decision*
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The Applicant presents their case* – (30 minutes allowed)

Right of reply from decision maker
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Questions from the Board
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Summing up by applicant
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Parties leave
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Consideration by Board
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Decision and Recommendation
* The decision maker and the applicant may be represented by an
advocate at the hearing
The Hearing
The VPS Review of Action Board must
ensure that hearings are conducted in
accordance with the principles of natural
justice which 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 Recommendation
The decision of a VPS Review
of Action Board is put as a
recommendation
to
the
Secretary, who will confirm or
overturn the findings of the
Board.
Victimisation
Victorian Equal Opportunity Act (2010)
A person must not victimise another person by
subjecting (or threatening to subject) the other
person to a detriment (broadly defined) because he
or she has or intends to:

make a complaint

be a witness
www.mpb.vic.gov.au/training.htm
www.equalopportunitycommission.vic.gov.au
Conclusion

Compliance letter from the Senior Chairperson
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Evaluation sheet

Thank you to the facilitators

Sign out

Call us / Contact details
Merit Protection Boards: 9651 0290
Congratulations
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