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www.mpb.vic.gov.au. Introduction. T oday’s Program Introduction/Legislative Framework for Decision Making Peter Hibbins, Senior Chairperson, MPB Effective Staff Selection DEECD Representative The Merit Protection Boards Peter Hibbins, Senior Chairperson, MPB. Introduction. - PowerPoint PPT Presentation
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Today’s ProgramIntroduction/Legislative Framework for Decision Making
• Peter Hibbins, Senior Chairperson, MPB
Effective Staff Selection
• DEECD Representative
The Merit Protection Boards
• Peter Hibbins, Senior Chairperson, MPB
Introduction
Your folder of resources
MPB training is a compliance program
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Your responsibilities as an MPB trained panel member
Introduction
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
Purpose of the Program
Hear reviews and appeals of decisions made under the Education and Training Reform Act 2006
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
About the MPB
About the MPB continued...
The MPB is independent and has a key responsibility in assisting DEECD meet its legislative requirements in relation to the management of its employees
Full time Senior Chairperson / part time Minister’s and Secretary's nominees
Appointments take place every three years – next due in 2013
www.mpb.vic.gov.au/training/Pages/default.aspx
Ministerial Orders* Recruitment in Schools (DEECD)* Good Practice Checklist Equal Opportunity resources DEECD contact list HRWeb A-Z Topic Indexwww.education.vic.gov.au/hrweb/aztopic/Pages/default.aspx
* Orders and Recruitment in Schools are subject to change and should be checked regularly for currency
MPB Website
Public Administration Act 2004
Equal Opportunity Act 2010
Education and Training Reform Act 2006
Legislative Framework for Decision Making
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
Procedural Fairness: “A Fair Go All Round”
Applies to all state government employees
Act establishes for government employees:
Fair and reasonable treatment
Merit in employment
Reasonable avenue of redress
Equal employment opportunities
Protection of human rights
Public Administration Act 2004
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
Fair and Reasonable Treatment** 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
Merit in Employment** Public Sector Employment Principles Standard (No 1) 2006
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
Victorian Equal Opportunity Act 2010www.humanrightscommission.vic.gov.au
A person must not request, instruct, induce, encourage, authorise or assist another person to discriminate or sexually harass
Cybervetting
Other Issues
Effective Staff Selection
School curriculum and the budget
Decide the vacancy type – ongoing v fixed term OR higher duties
Translation – fixed term to ongoing Are there fixed term staff eligible and suitable for
the vacancy?
Principal’s Role:Establish the Vacancy
Advertise the vacancy
Promotes fair and open competition
• Teaching and ESC vacancies of more than six months duration must be advertised using ROL
• Higher duties positions of more than three months, must be merit based selection
Key Resource: Recruitment in Schools Guide
www.education.vic.gov.au/hrweb/careers/Pages/recruitinsch.aspx
The Vacancy… continued
The Principal must establish a Selection Panel appropriate to the vacancy
• Minimum of three persons
• One Merit Protection Board trained
• Gender representation
The Principal chairs the panel – or may delegate this role
Set up the Selection Panel Including panels for internal school advertisements
Coordinates the Selection Process• Briefs panel on the requirements of the role
• Ensures all relevant employment policies are followed
• Leads the interviews
• Responsible for managing selection documentation including completion of reports
• Provides feedback as requested, following completion of the process
Panel Chairperson’s Role
Observe confidentiality throughout and following the process
Manage 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
Panel Members must…
As soon as the panel is appointed
Clarify requirements of role – Chairperson to brief panel
Establish the process and rules eg:
• Set Questions – check against KSC
• What will the interview involve – set tasks?
• Decide what to do with incomplete or late applications
• What to do with internal applicants?
Panel Meeting, prior to Distribution of Applications
Managing Prior Knowledge •Only prior knowledge relevant to the selection
criteria should 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
Identify resources (checklists, templates etc)
Nominate Executive Officer (usually Business Manager)
Panel Meeting continued...
Chairperson/Executive Officer will:
• Identify and list any Priority Status applications
• Referrals ..... then Compassionate transfer
Closing Date
Consider any priority status applicants Excess employees will be referred to an
advertised vacancy through ROL
Employees with compassionate transfer status should identify themselves in their application
Staff with excess/compassionate transfer status 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
Priority Status Applicants
Identifies those who best meet criteriaAll 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 - tags (e.g. LOTE)Briefly document the reason(s) for not
shortlisting applicants preferably against each criteria
Shortlisting applications
Prior to the interview, advise shortlistedapplicants of:
Venue, date and time
The members of the selection panel
The selection strategies to be used
Set up the space appropriately
Before the Interview
Questions must relate to the selection criteria
Setting specific tasks can be useful Questions should be consistent (but not
necessarily identical) for all applicants Supplementary questions must relate only
to the selection criteria Questions must not be discriminatory or too
complexNote: Interview complements the written application,
detailed referee checks and prior knowledge
The Interview
o Provide information to expand, confirm or vary the panel’s assessment of an applicant
o Comments (verbal / written) are confidential
o The panel may contact non-nominated referees but must inform applicant and note their comments
o Questions must relate to the selection criteria and responses recorded
o Arrange time and provide KSC
Referee Checks
The panel’s task is to determine which candidates best meet the Selection Criteria
This is a subjective, value judgement
Only the selection criteria can be used in making this decision
Note:
The panel can conduct a second interview The panel may recommend a “no
appointment”
Suitable Candidates
o Rank only those applicants considered suitable for the position (Unsuitable applicants should not be ranked)
o Complete an Individual Selection Report for each interviewed applicant
o Completed panel report goes to the Principal who will either accept or reject the recommendation
Ranking Applicants
o Principal accepts the recommendation and the successful applicant accepts the position
o The recommendation is submitted through ROL
o DEECD (through ROL) advises all applicants 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 An appointment cannot be finalised until the review period is concluded
Provisional Appointment
o Finalise the written documentation(including an Individual Selection Report for each shortlisted applicant) using the proformas available on HRWeb
o Selection documentation must be securely retained as per disposal schedule
Selection Documentation
o All applicants should have the opportunity for detailed feedback on their application and performance
o Detailed feedback is provided (if requested) once the outcome of any review is known
o Panels should agree on the information to be provided
Feedback
Selection grievances
Personal grievances
NOTE: Applications for appeals and grievances must be lodged within 14 days of written notification of decision.
Types of Appeals and Grievances
Selection Decisions: Grounds for Review
o That the selection panel failed to comply with one or more requirements as stated in the current Order:
• To provide fair and equitable treatment
• The Panel composition was non compliant
• Applicant was not assessed against the selection criteria
Selection Decisions continued....
o A unanimous or a majority decision was not reached
o The interview did not focus on the selection criteria
o Accurate, complete and dated selection report was not provided
OR
o That the selection decision is manifestly inconsistent with the evidence.
The MPB may:
o Confirm the provisional promotion or transfer
o Order the decision maker (Secretary, Principal or School Council) to reconsider the provisional promotion or transfer
o Order the decision maker to re-advertise the position
Possible Outcomes
• Refusal to grant leave
• Priority Status
• Outcome of local complaints process
• Refusal to grant time fraction change
• Outcome of higher duties assignments
• Translation fixed-term to ongoing employment
• Non-renewal of contracts and tenure
Personal Grievance: Appealable Decisions
The applicant considers that the decision maker:
o Is in breach of the Act or the appropriate Order,
o Infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary; or
o Is otherwise unreasonable
Note: Conciliation must be attempted before a personal grievance can be heard.
Personal Grievance: Grounds for Review
The Senior Chairperson may in accordance with the following Orders:Order 199 (employees) Order 200 (school council employees including casual relief teachers)
• confirm; • vary or quash the action; or
• recommend such other action that may be appropriate
Possible Outcomes
Hearing Process
Application
Senior Chairperson accepts grievance
Hearing date set Response from decision maker Copy provided to appellant
If the matter is conciliated or settled beforehand, the hearing is cancelled
Prior to 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
The Hearing
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
VictimisationVictorian Equal Opportunity Act (2010)
www.mpb.vic.gov.au/training/Pages/default.aspx
www.humanrightscommission.vic.gov.au
Compliance letter from the Senior Chairperson
Evaluation sheet
Thank you to the facilitators
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Call us / Contact details
Merit Protection Boards: 9032 1701
Conclusion
Congratulations
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