Appeals

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Appeals Grievances

• Terry Lisson
• Director Promotion Appeals Grievance Reviews

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Disciplinary Inability Appeals

• Secretariat function for these appeals is now
  being conducted by PAGR. Boards are comprised
  of
• a Chairperson nominated by the Minister (must be
  a legal practitioner of at least 5 years
  experience
• Commissioners nominee (Director Promotion
  Appeals Grievance Reviews)
• a person nominated by the relevant union

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Disciplinary Appeals

• Three appeals so far this year
• Disallowed - 1
• Pending 1
• Vacated - 1

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Inability Appeals

• Last year 0
• This year 2 (Not yet heard)

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Disciplinary and Inability Appeal Board Decisions

• De-identified decisions in disciplinary and
  inability appeals will be made available
  (probably on OCPE website)
• Intention is to provide some guidance for both
  appellants and respondents as to possible outcomes

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Promotion Appeals

• 72 Promotion Appeals received last year
• 5.3 of all NTPS promotions

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What does the Promotion Appeal Board determine?

• Only ground of appeal is that the appellant has
  superior merit to the person selected
• Appeals have only 3 possible outcomes
• Disallowed
• Allowed
• CEO directed to re-advertise

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Promotion Appeals
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Why are more Promotion Appeals being withdrawn?

• Last year 15 appeals were withdrawn, the
  preceding year only 4
• Reason Often, once appellants receive the full
  selection report with more complete information
  and a better explanation as to why the selection
  panel found the promotee to be of superior merit,
  they are satisfied with the outcome

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• Lack of understanding as to why the promotee was
  found to be of superior merit appears to be one
  of the main reasons why people appeal
• This is particularly so in cases where the
  unsuccessful applicant was found to meet all the
  selection criteria

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Myth 12 - You cannot make comparisons between
the individual and the successful applicant in
the Individual Selection Report

• Rating against specific criteria may be useful
  to those with identifiable deficiencies. But for
  applicants who meet or exceed the criteria, only
  a comparison against even better applicants will
  help them understand why they were not selected.
  (Qld Government OPSC Recruitment and Selection
  Processes October 2007)

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Selection Reports

• The best Individual Selection report should be
  one that answers all the questions the
  unsuccessful applicant might have including how
  the successful applicant is better!

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Why are more Promotion Appeals being sent back to
Re-advertise?

• Last year 12 appeals were sent back to be
  re-advertised, compared with none in the
  preceding year
• Reason The Promotion Appeals Board is not being
  satisfied that the applicants merit is being
  assessed.

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Problems with Selection Processes

• Too often there appears to have been overemphasis
  on interview performance and/or content and style
  of written application, rather than actual merit.
  
• Selection panels must learn to realise that
  interview performance and application writing
  skills are not synonymous with merit.

15
PAB Decisions

• New practice is to give detailed reasons for
  decision. This is being done with a view to
  demystifying the process and hopefully providing
  useful advice regarding improving selection
  processes and avoiding appeals in the future.
• PAB will also begin publishing de-identified
  summaries of decisions

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Recruitment Myths

• PowerPoint presentation is available on the OCPE
  website
• PAGR very happy to provide advice and
  information about selection processes

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Upcoming Working Forumon Selection Processes

• Working seminar in which a small group will work
  intensively on selection issues such as
• Job descriptions
• More useful selection templates which identify
  merit (rather than application/interview/referees)
  as the basis for assessment
• Selection report templates
• Referee reports

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Section 59 Grievances

• In any case where an employee is aggrieved by
  his or her treatment in employment they may
  request the Commissioner to review the action,
  intended action or decision.
• 84 grievances handled last year

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Section 59 Grievances
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Grievance Handling

• PAGR has adopted a more flexible approach to
  grievance handling with emphasis, where possible,
  on methods such as consultation, mediation,
  conciliation and conflict coaching.

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Outcomes of Grievances
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Timeliness

• Section 59 stipulates that the Commissioner shall
  conduct a review within 3 months of receiving a
  grievance.
• In 2006-07 the average time taken to finalise a
  grievance review was 5.5 months
• In 2007-08 this time was reduced to 3.5 months
  (2.5 months for matters received since January
  2008).

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Questions?

• Please feel free to contact
• Terry Lisson
• 8999 4128
• Promotion Appeals
• Grievance Review