VPS Slides

Transcription

1 VPS Slides Introduction Today s Program Introduction / Legislative Framework for Decision Making Peter Hibbins, Senior Chairperson, MPB Effective Staff Selection DEECD Representative The Merit Protection Boards (MPB) Peter Hibbins 1

2 Introduction Today s Team Your folder of resources MPB training is a compliance program Sign in / Sign out Your responsibilities as an MPB trained panel member Website Contents Public Sector Standards Good Practice Checklist Equal Opportunity resources DEECD contact list HRWeb A-Z Topic Index 2

3 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 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 3

4 Merit Protection Board -VPS Review of Action Board The VPS Review of Action Board will consist of either: the Senior Chairperson alone; / or a VPS Review of Action Board of three persons selected by the Senior Chairperson (that may or may not include the Senior Chairperson); / or the matter being considered by appropriate persons nominated by the Senior Chairperson and providing a recommendation to the Senior Chairperson As a guide, the VPS Review of Action Board will usually consist of: the Senior Chairperson (who will normally act as the VPS Review of Action Board chairperson); and the Secretary s nominee or a person selected by the Senior Chairperson; and a VPS employee selected by the Senior Chairperson Legislative Framework for Decision Making Public Administration Act 2004 Equal Opportunity Act 2010 Education and Training Reform Act

5 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 5

6 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 6

7 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 Education Employment Sport Disability Sex Race Age Employment activity Parental status Carer status Industrial activity Sexual orientation Goods & Services Areas of Public Life Protected Attributes Physical features Religious belief/activity Pregnancy Marital status Lawful sexual activity Breastfeeding Political belief/activity Gender identity Personal association Accommodation Local Government Clubs, Club Membership Disposal of land 7

8 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 Cybervetting Before you GOOGLE an applicant consider: privacy issues gossip, hearsay and confidentiality possible discrimination relevance of the information to the selection criteria Remember: Cybervetting can be a two way street 8

9 Getting Started Develop a specific job role in the context of the workplace structure, unit priorities and VPS Descriptors 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/workplace profile? Consider is the position: Ongoing / Fixed term / Higher Duties? 9

10 Getting Started cont. 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. Applicants should submit their applications online however those without access to the internet may submit hard copies. Getting Started cont. 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 and Careers with Victorian Government ( fixed term of more than 6 months and up to 12 months, via 10

11 Selection Panel, including panels for internal advertisements The Manager is responsible for overseeing the selection process and must establish a selection panel appropriate to the vacancy. A panel: must include at least one member of each gender wherever possible include at least one person from the employment category of the advertised position must include a person accredited by the Merit Protection Board Selection Panel Administration It is strongly recommended that the panel meet prior to reading any applications. Adequate notes of the panel meetings and key decisions must be kept. Incomplete or late applications must be managed. Applicants without access to the internet must be allowed to submit written applications. 11

12 Panel Chairperson s Role Coordinates the selection process. Ensures agreed selection strategies are clear and followed. Identifies any applicants who are unplaced or who are redeployees. Prepare list of all applicants for selection panel. Attends MPB hearing with the Manager. Panel Member s must. Observe confidentiality throughout and following the process. Declare any conflict of interest, potential bias or prior knowledge of any applicants in relation to the selection criteria. Understand the requirements of the role. Fairly assess and rank applicants against the key selection criteria. Keep notes of all their decisions. 12

13 Managing Prior Knowledge Prior knowledge of an applicant relevant to the selection criteria can be used but must be validated. 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. 13

14 Selection Panel Strategy Develop an understanding of the selection criteria. Decide how to manage any panel member s prior knowledge of applicants. Agree on selection techniques: shortlisting processes interview process use of referees method for rating applicants Manage internal applications. Shortlisting Applications Identifies those who best meet the criteria. All applications should be read and ranked against selection criteria by all panel members Only nominated referees may be used to shortlist (questions must be based on selection criteria). Check for qualifications - (e.g. Social Worker). Briefly document the reason(s) for not shortlisting applicants preferably against each criteria. 14

15 Before the Interview Prior to the interview, advise shortlisted applicants of: Venue, date and time. The members of the selection panel. The selection strategies to be used. Set up the space appropriately. Reference Checks Oral referee checks are preferable to written references. Negotiate a suitable time and provide selection criteria in advance to referees. Questions to referees must be determined by the selection panel. Any information provided by referees must be documented. 15

16 Assessing & Ranking the Interviewed Applicants The panel s task is to determine which candidates best meet the Selection Criteria. This is a subjective value judgment and only the selection criteria is used in making this decision. The panel may recommend a no appointment or seek to conduct a second interview. The Individual Selection Report form is to be completed for each shortlisted applicant. The Executive Director who will either accept or reject the selection panel s recommendation. Unsuitable applicants are not to be ranked. Notification to Applicant After the recommendation is approved by the Executive Director, the Chairperson of the panel must confirm with the successful applicant their willingness to accept the position. DEECD advises all applicants for statewide advertised positions of the outcome and the right to a review, if applicable. At this stage applicants may request a copy of their Individual Selection Report. 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. 16

17 Selection Documentation Prepare the written VPS Selection Report (including Individual Selection Report for each shortlisted applicant) using the pro-forma available on HRWeb. Selection documentation must be securely retained as per disposal schedule*. Public Records Office Standard 07/01 (*Currently 2 years). 17

18 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 18

19 Types of Grievances Selection grievances Applications for selection grievances must be lodged within 10 working days of notification of decision Personal grievances, including discrimination and sexual harassment Applications for personal grievances must be lodged within 28 days of notification of decision Grounds for a Selection Grievance 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. 19

20 Grounds for a Selection Grievance o Error of law, or o Significant deficiency in the selection process. Outcomes of Selection Grievances o The Senior Chairperson may recommend: 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 To request that the position be re-advertised. Note: the preferred applicant should not commence in the position until the appeal process is completed. 20

21 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: 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, Harassment, discrimination including sexual harassment, Decision contrary to the Code of Conduct for VPS employees, and Disciplinary matters. 21

22 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 22

23 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 The Decision Maker explains the basis for the decision* The Applicant presents their case* (30 minutes allowed) Right of reply from decision maker Questions from the Board Summing up by applicant Parties leave Consideration by Board Decision and Recommendation * The decision maker and the applicant may be represented by an advocate at the hearing 23

24 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. 24

25 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

26 Conclusion Compliance letter from the Senior Chairperson Survey Monkey Thank you to the facilitators Sign out Contact details Merit Protection Boards: