Employers Reply to Application as Shortlisted by haa19045

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									    www.mpb.vic.gov.au
1
Introduction
   Today‟s Program
       Legislative Framework for Decision Making
         Peter Hibbins, Senior Chairperson MPB
       Effective Staff Selection
         DEECD Representative
       Merit Protection Boards
         Gavan Schwartz, Secretary's Nominee MPB
   Today‟s Team
   Your folder of resources
   Compliance: Sign in / Sign out
2
Website Contents


    www.mpb.vic.gov.au/training.htm
       Ministerial Orders*
       Recruitment in Schools (DEECD)*
       Good Practice Checklist
       Equal Opportunity resources
       DEECD contact list

    *   Orders and Recruitment in Schools are subject to change
        and should be checked regularly for currency

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
    Boards (MPB)

   Reduce the likelihood of grievances

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About the MPB
   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

   The MPB is independent and has a key
    responsibility in assisting DEECD meet its
    legislative requirements in relation to the
    management of its employees

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Legislative Framework for
Decision Making
              o Public Administration
                Act 2004

              o Equal Opportunity
                Act 1995

              o Education and
                Training Reform Act
                2006



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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

   The „fair go all round‟ principle came from the
    case Re Loty v Australian Workers‟ Union 1971
    AR (NSW) 95

   Decision makers must act fairly and without bias

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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




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Fair & Reasonable
Treatment*
   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

* Public Sector Employment Principles Standard (No 1) 2006

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Merit in Employment*

    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
 * Public Sector Employment Principles Standard (No 1) 2006


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Victorian Equal
Opportunity Act 1995

    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



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Areas Covered
    Employment
    Goods and services
    Education
    Sport
    Accommodation
    Disposal of land
    Clubs and club membership
    Local government




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Attributes on which
Discrimination is prohibited
    Age
    Breastfeeding
    Impairment
    Industrial Activity
    Lawful sexual activity
    Sexual orientation
    Marital status
    Physical features
    Political belief or activity


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Attributes on which
Discrimination is prohibited
….. continued

    Pregnancy
    Race
    Religious belief or activity
    Sex
    Status as a parent or carer
    Gender identity
    Personal association (whether as a relative or
     otherwise) with a person who is identified by
     reference to any of the above attributes

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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


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Equal Opportunity
Amendment (Family
Responsibilities) Act 2008
    Emphasises the importance of flexible working
     arrangements for persons with carer
     responsibilities
    Aims to protect family time in the context of
     employment obligations
    The employer has an obligation to
     accommodate the responsibilities that an
     employee may have because of their parental
     status or status as a carer, unless that
     accommodation is not reasonable given the
     circumstances of the case and the needs of the
     workplace
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Effective Staff Selection




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Pre-recruitment (Principal’s role)
    Consult your Work Force Plan;
        Can we afford the position?
        Is there a staff member eligible for
         translation from fixed term to ongoing?
        Higher Duties?
        Ongoing / Fixed term?
        How can we get the best person for the job?
        Has there been compliance with
         consultative obligations?
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Commence Recruitment Process
    Prepare the position description, ensuring that the
     selection criteria are:
       in accordance with the appropriate Order and
         appropriate to the position,
       consider using the standard selection criteria found
         on Recruitment Online

    Schools may supplement Recruitment Online (ROL)
     through other advertising arrangements
    Establish Selection Panel
    Teaching Service and ESC vacancies of more than six
     months duration must be advertised using ROL
    For higher duties positions of more than three months,
     merit based selection is required
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Translation from Fixed Term
to Ongoing Employment
    Check eligibility (then check again)
    If a person is eligible, there is to be no advertisement and
     they‟re to be translated into the role
    If more than one is person eligible, an internal merit
     based process must be used
    All eligible fixed term employees are to be informed of the
     outcome of the merit process, and of their right to lodge a
     personal grievance with the Merit Protection Boards
    No offer of ongoing employment to be made for 14 days
     or until any grievance has been resolved (whichever is
     the latter)

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Form a Selection Panel

    The Principal is responsible for the
     selection process and must
     establish a Selection Panel
     appropriate to the vacancy

    For Principal vacancies the
     Selection Panel is established by
     the School Council


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Panel Composition
Including panels for internal school
advertisements

     Minimum of three persons
     One Merit Protection Board trained
     Gender representation

      Note:
 1.   Trained person for Principal panels
 2.   Trained employee for Executive Class,
      Liaison Principal, Assistant Principal ,Teacher
      and Education Support Class panels
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Panel Members 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

    Have a detailed knowledge of the requirements
     of the job

    Fairly assess and rank applicants against the
     key selection criteria for the job
    Keep notes of their decisions
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Panel Chairperson’s Role
   Coordinates the Selection Process

   Ensures agreed selection strategies are clear
    and followed

   Indentifies any applicants who have applied and
    have Priority Status

   Prepare list of all applicants for selection panel

   Attends MPB hearing with Principal
Staff with Priority Status
    Excess employees will be referred to an
     advertised vacancy through ROL
    Employees with compassionate transfer status
     may apply for or be referred to vacancies
     advertised online
    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


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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
    Selection criteria for positions must be in
     accordance with the Order and the required
     duties
    Incomplete or late applications must be managed
    Applicants without access to ROL must be
     allowed to submit written applications.
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Selection Panel Strategy
    Develop and understanding of the selection
     criteria
    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

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Selection Process must
relate to the criteria

        Written application

        Structured interview
          a) behavioral questioning
          b) practical tasks

        Referee checks

        Prior knowledge

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 Shortlisting applications
        All applications should be read and ranked
         against the selection criteria by all panel
         members
        Should be inclusive
        Only nominated referees may be used to
         shortlist (questions must be based on key
         selection criteria)
        Check for qualifications - tags (e.g. LOTE,
         Special Ed.)
        Briefly document the reason(s) for not
         shortlisting applicants preferably against each
         criteria

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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
    the panel‟s ability to use non-nominated
     referees


31
The Interview
o Questions must relate to the selection criteria
    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
     complex

     Note:   Interview complements the written application,
             detailed referee checks and prior knowledge



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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

o Applicants must be provided with the name of
  any non-nominated referees and be given an
  opportunity to comment

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 Referee checks continued…

 o Questions to referees must relate to the
   selection criteria
 o Comments should be confirmed with the
   referee and a record kept
 o Referees should be advised that their
   comments will be treated confidentially




34
Referee Checks continued…

o Oral referee checks are preferable to written
  references

o Negotiate a suitable time and provide key
  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

35
Managing Prior Knowledge
    Where a panel member has prior knowledge of an
     applicant relevant to the selection criteria it should be
     used
    Before applications are read, the chairperson should
     record panel members‟ prior knowledge of any
     applicants
    Any potential conflict of interest or bias issues should be
     resolved. Notes should be taken of this discussion
    Chairperson asks panel members with prior knowledge
     of an applicant if they are able to comment on any issue
     raised through the application, interview and referee
     checks
    If panel members provide information relevant to the
     selection criteria regarding an applicant, it must be
     validated by contacting people other than members of
36
     the panel
Assessing and Ranking
Shortlisted Applicants
        The panels 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 may recommend a “no
         appointment”
37
Assessing & Ranking
Shortlisted Applicants

     o Unsuitable applicants should not be ranked

     o Complete an Individual Selection Report for
       each shortlisted applicant

     o Completed panel report goes to the principal
       who will either accept or reject the
       recommendation



38
Notification to applicant
o After the recommendation is approved by the Principal,
  the Chairperson of the panel must confirm with the
  successful applicant their willingness to accept the
  position
o Once this has been confirmed, the recommendation can
  be submitted through ROL
o DEECD (through ROL) 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.

39
 Selection documentation

 o Prepare the written selection report
   (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




40
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


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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 Unsatisfactory
     Performance / Misconduct)


43
Disciplinary Appeals Boards
(DAB)

The MPB also administers the
Disciplinary Appeals Boards, which
hears appeals in relation to disciplinary
action taken by the Secretary




44
Merit Protection Board
Membership
    Chairperson nominated by the Minister
    Secretary‟s Nominee
    Teaching Service Employee nominated by the
     Minister*
     All are appointed by the Governor in Council
     The Senior Chairperson and Secretary‟s
     Nominee are full time members of the MPB

* Note: For a VPS Review of Action Board, a public
        servant is nominated by the Secretary
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Types of Appeals and
Grievances

        Selection grievances

        Personal grievances, including
         discrimination and sexual harassment

         Applications for appeals and grievances
         must be lodged within 14 days of written
         notification of decision.


46
 Eligibility to lodge a
 Selection Grievance
 To be eligible to seek a review of a selection
 decision an employee must be:
        Ongoing
        Been an applicant for the position
        Qualified for the position
        Have grounds as provided for in the
         relevant Orders

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Eligibility to lodge a Selection
Grievance continued…

o External applicants, persons employed
  fixed term and casual employees are not
  eligible to seek a review of a selection
  decision
o Ongoing employees are not eligible to seek
  a review of a selection decision where the
  proposed appointee is external or fixed
  term


48
Grounds for the review of
selection decisions
That the selection panel failed to comply with one or more of the
following requirements as stated in the current Order:
     o   Fair, equitable and non discriminatory treatment
     o   Panel composition
     o   All applicants must be assessed against the selection criteria
     o   Unanimous or majority decision
     o   Accurate, complete and dated selection report
     o   Interview to focus on the selection criteria

                                 OR
That the selection decision is manifestly inconsistent with the
evidence of the nature of the vacant position or the school in
which the vacancy occurs or of the qualifications and experience
of the applicant and the employee provisionally transferred or
promoted.

49
Outcomes of Teaching
Service Selection Grievance
     The MPB may:
     o Confirm the provisional promotion or transfer

     o Order the decision maker (Secretary, selection
       panel, Principal or School Council) to
       reconsider the provisional promotion or transfer

     o Order the decision maker to re-advertise the
       position

50
Personal Grievance
Grounds
     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: Evidence that an attempt to conciliate must be
     provided to the MPB before a personal grievance can be
     heard.
51
Personal Grievances
 Decisions that have been the subject of personal
 grievances to the MPB include:
     o Refusal to grant leave
     o Outcome of local complaints process
     o Refusal to grant time fraction change
     o Outcome of higher duties assignments
     o Translation from fixed-term to ongoing
       employment
     o Non-renewal of Principal class contracts and
       leading teacher tenure

52
Outcomes of a Personal
Grievance
The Senior Chairperson may in
accordance with the following Orders:

     Order 199 (employees)
     Order 200 (school council employees including
                casual relief teachers)

     o   confirm; or
     o   vary or quash the action; or
     o   recommend such other action that may
         be appropriate
53
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

54
Hearing Process for Personal &
Selection Grievances




55
    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
* The decision maker and the applicant may be represented
  by an advocate at the hearing

    56
 The Hearing

     The Merit Protection Boards and
     Disciplinary Appeals Boards 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


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     The Decision

     The decision of a Merit Protection
     Board or Disciplinary Appeals
     Board is final, subject only to a right
     of appeal to the Supreme Court of
     Victoria on a question of law




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Victimisation
Victorian Equal Opportunity Act (1995)



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



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www.mpb.vic.gov.au/training.htm
  www.equalopportunitycommission.vic.gov.au


  61
CONCLUSION

    Compliance letter from the Senior
     Chairperson
    Evaluation sheet
    Thank you to the facilitators
    Sign out
    Call us / Contact details
       Merit Protection Boards: 9651 0290
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