MERIT PROTECTION BOARDS TRAINING PROGRAM FOR EMPLOYEES IN THE TEACHING SERVICE www'mpb'vic'gov'au

1
(No Transcript)
2
MERIT PROTECTION BOARDS TRAINING PROGRAM FOR
EMPLOYEES IN THE TEACHING SERVICE
www.mpb.vic.gov.au
3
Todays Programme

• 1. Framework for Decision Making In Schools
• Peter Hibbins, Senior Chairperson MPB
• 2. Effective Staff Selection
• DEECD Representative
• 3. The Merit Protection Boards
• Gavan Schwartz, Secretary's Nominee MPB
• Plenty of opportunity for questions, discussion
  and conversation.

4
Introduction

• Todays team
• MPB training is a compliance program
• Responsibilities of the MPB trained
  representative on selection panels
• Your folder of resources
• Your name / TO number / email address
• Sign in / sign out

5

• www.mpb.vic.gov.au/training.htm
• Contents include
• Ministerial Orders / Recruitment in Schools
  (DEECD) / Good Practice Checklist / Equal
  Opportunity resources / DEECD contact list
• Note Orders and Recruitment in Schools are
  subject to change and should be checked regularly
  for currency.

6
Purpose of the Program

• Encourage consistent and fair recruitment and
  selection practices in line with legislation,
  Department policy and sound human resource
  management principles and practice.
• Provide information about the Merit Protection
  Boards.

7

• Provide an understanding of the principles of
  merit and equity as applied to effective
  personnel management decision making
• Equip you to participate in sound decision making
• Demonstrate how to apply consistent and fair
  practices
• Reduce the likelihood of grievances

8
Merit Protection Boardswww.mpb.vic.gov.au

• 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 Divisions 9A 10 Unsatisfactory
  Performance / Misconduct).
• Conduct training in the principles of merit and
  equity.
• Whilst established under the Education and
  Training Reform Act 2006 the MPB is independent
  and has a key responsibility in assisting DEECD
  meet its legislative requirements in relation to
  the management of its employees.

9
Legislative Framework for Decision Making
10
Procedural fairness the rules of fair play

• Decision makers must act fairly and without bias
• A person should not be a judge in his or her own
  cause
• All persons should be informed of the basis of a
  decision that affects them
• All parties should have the opportunity to put
  their case
• All relevant information must be considered
  before a decision is made

11
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 and protection
  of human rights
• Public Sector Employment Principles Standard No.1
  (2006)

12
Fair and Reasonable Treatment
The following standards apply

• 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.

13
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.

14
Reasonable Avenue of Redress

• Employment related policies and procedures are to
  demonstrate a commitment to address employee
  grievances in an effective and timely manner.
• A written procedure, detailing the grievance
  review process and the rights and
  responsibilities of participants, is to be
  available and communicated to all employees.
• Procedures should encourage parties to resolve
  issues internally and informally, before applying
  more formal internal or external processes.
• The principles of natural justice and procedural
  fairness are to be applied throughout a review
  process.

15
Equal Employment Opportunity

• An EEO policy statement is to be in place, widely
  accessible and reflected in all relevant
  processes.
• All employment related policies and procedures
  are to comply with applicable equal opportunity
  laws and support diversity across the workforce.
• The EEO principle and strategies are to be
  incorporated into workforce plans and promoted
  throughout the workplace.

16
Victorian Equal Opportunity Act (1995)

• Promotes recognition and acceptance of everyones
  right to equality of opportunity
• Eliminates sexual harassment
• Provides redress for people who have been
  discriminated against or sexually harassed

17
Areas Covered

• employment
• goods and services
• education
• sport
• accommodation
• disposal of land
• clubs and club membership
• local government

18
Attributes on which Discrimination is prohibited

• Age
• Breastfeeding
• Impairment, (including HIV, AIDS and Hepatitis)
• Industrial Activity
• Lawful sexual activity
• Sexual orientation
• Marital status
• Physical features

19

• Political belief or activity
• 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

20
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.

21

• Direct discrimination
• When a person treats or proposes to treat a
  person with one of the attributes less favourably
  than someone without that attribute or personal
  characteristic
• Indirect discrimination
• When an unreasonable requirement, condition or
  practice which may appear to be neutral in fact
  has a disproportionately negative impact on
  people with particular attributes

22
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.

23
Education and Training Reform Act 2006(ETRA)

• ETRA governs
• Employment by DEECD in the teaching service
  including Principals, Teachers and Education
  Support Class.
• Employment by School Councils.
• Provides for
• Order 2 Principal Selection
• Order 199 Conditions and Selection for
  Executive Class, Liaison Principals, Assistant
  Principals, Teachers and Education Support Class
• Order 200 Conditions and Selection for School
  Council Employees including Casual Relief
  Teachers
• http//www.eduweb.vic.gov.au/hrweb/employcond/res/
  tso.htm

24
(No Transcript)
25
Effective Staff Selection

• A. Pre-recruitment (Principals role)
• Review and create the position.
• How can we get the best person for the job?
• Can we afford the position?
• Does is fit the leadership profile?
• Have consultative processes been followed?
• Consider is the position
• Ongoing / Fixed term?
• Is there a staff member eligible for translation
  from fixed term to ongoing?
• Higher Duties?

26

• Prepare the position description and selection
  criteria ensuring that the selection criteria
  are
• in accordance with the appropriate Order, and
• appropriate to the position,
• consider using the standard KSC found on
  Recruitment Online.
• A Job Requisition must be created in Recruitment
  Online (ROL) for any vacancy of more than 30 days
  duration.
• Schools may supplement ROL through other
  advertising arrangements.

27
B. Translation from Fixed Term to Ongoing
Employment

• Check eligibility (then check again).
• If more than one person eligible a merit based
  process must be used.
• Merit based process means a genuine competitive
  process between the eligible candidates.

28
C. Staff with Priority Status

• Excess employees should be referred to an
  advertised vacancy through Recruitment Online.
• 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.
• Note 1 Teaching Service vacancies (including
  education support class vacancies) of more than
  six months duration must be advertised using
  Recruitment Online
• Note 2 For higher duties positions of more than
  three months, merit based selection is required

29
Selection Procedures(Overview)

• Form a selection panel
• Develop a selection strategy
• Shortlisting
• Information gathering
• Application / Interview / Referee checks / Prior
  knowledge
• Assess and rank shortlisted applicants
• Selection documentation
• Feedback

30
D. Selection (Selection panels role)

• Adequate notes should be kept of the panel
  meetings and key decisions.
• Observe confidentiality throughout and following
  the process.
• Ensure selection criteria for positions are in
  accordance with the order and the required
  duties.
• Applicants for school positions should submit
  their applications through Recruitment Online.
• Applicants without access to email may submit an
  application in writing which must be accepted by
  the Principal.

31

• Job applications using Recruitment Online require
  a resumé.
• Note If applications are incomplete, contact
  the applicant.
• A specific response to the selection criteria and
  position details of the vacancy being applied for
  should also be submitted.
• Where applications or components of applications
  are hand delivered schools should ensure there
  are appropriate procedures for acknowledging
  receipt and security of documents.
• The panel should consider how they will manage
  late applications. (Note applications cannot be
  accepted after the selection decision has been
  announced)

32
1. 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.

33
Principal Selection Panel

• Five members
• School Council President or nominee
• Parent or co-opted member of School Council
  selected by School Council
• Two nominees of the Secretary, Department of
  Education and Early Childhood Development
• one of whom must be a practicing Principal
  with relevant experience
• Staff member elected from the staff of the school
• At least one member of each gender
• A person trained by MPB in the principles of
  merit and equity

34
Other selection panels Including panels for
internal school advertisements

• Minimum of three persons
• One Merit Protection Board trained
• Gender representation
• Note
• Trained person for Principal panels
• Trained employee for Executive Class, Liaison
  Principal, Assistant Principal ,Teacher and
  Education Support Class panels

35
Roles of panel members
The Chairperson co-ordinates the selection
process.
36
The MPB Trained Panel Member

• Is a full member of the selection panel.
• Assists the selection panel and other relevant
  persons associated with the selection process to
  understand the application of merit and equity in
  staff selection.
• Assists the panel to ensure appropriate processes
  are undertaken during the course of selection.
• Distributes MPB documents such as the good
  practice checklist.

37
All panel members

• Observe confidentiality throughout and following
  the process.
• Declare, resolve and document any conflict of
  interest or potential bias.
• Declare and record prior knowledge of any
  applicants in relation to the key 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.

38
2. Develop a Selection Strategy

• To ensure a comprehensive and appropriate
  selection process including
• agreed selection techniques, eg shortlisting
  processes, use of referees and a method for
  rating applicants
• importance of selection criteria
• dealing with panel members prior knowledge of
  applicants
• Note Adequate notes should be kept of the
  panels selection strategy, especially comments
  of referees

39
3. Information Gatheringmust relate to the
criteria

• A variety of approaches may be used
• written application
• structured interview, including
• behavioural questioning
• referee checks
• prior knowledge
• work samples
• problem solving
• presentations

40
(No Transcript)
41
4. Shortlisting

• Identify those who best meet the criteria
• Must be systematic, fair and consistent
• Is on the basis of an agreed ranking and
  shortlisting system

42

• All applications should be read and ranked
  against the key selection criteria by all panel
  members.
• Must be inclusive
• Referees may be used to shortlist where
  necessary (questions must be based on key
  selection criteria)
• Only nominated referees may be contacted at the
  shortlisting stage of the selection process
• Check for qualifications - tags (e.g. LOTE,
  Special Ed.)
• Briefly document the reason(s) for not
  shortlisting applicants

43
Good Practice ! Before interview advise
shortlisted applicants of

• venue, date and time
• the members of the selection panel
• the selection strategies to be used
• the panels ability to use non-nominated referees

44
5. Interviewshould be a positive process for
all concerned

• Questions must relate to the key 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 written application,
  detailed referee checks and prior knowledge
  (where it is able to be used)

45
Interview _at_ IKEA
46
6. Information verification

• Includes -
• Verifying the claims of applicants through
  referee checks.
• Validating the prior knowledge of panel members.
• Verifying qualifications where appropriate.

47
7. Referee checks

• Referee checks are a vital part of assessing the
  relative merits of applicants. They provide
  information to expand, confirm or vary the
  panels assessment of an applicant.
• Applicants must be informed if additional
  referees to those they nominate are to be
  contacted.
• Applicants are entitled to have recorded any
  objections to contact by the panel with a person
  not listed as a referee.

48

• Questions to referees must relate to the
  selection criteria.
• Comments should be confirmed with the referee and
  a record kept.
• Referees should be advised that their comments
  will be treated confidentially but that they may
  be used by the MPB in the review process.

49
GOOD PRACTICE!

• Oral referee checks are preferable to written
  references.
• Negotiate a suitable time and provide key
  selection criteria in advance to referees.
• Questions to referees must be determined by the
  selection panel.

50
GOOD PRACTICE!

• Prior Knowledge
• Where a panel member has prior knowledge of an
  applicant relevant to the selection criteria it
  should be used.
• Chairperson should record panel members prior
  knowledge of applicants and the resolution of any
  conflict of interest or potential bias.
• Prior knowledge should be kept confidential until
  the deliberation stage.
• Chairperson asks panel members if their prior
  knowledge has been revealed through the
  application, interview and referee checks.
• If panel members need to declare their prior
  knowledge it must be validated by contacting
  people other than members of the panel.

51
8. Assessing Ranking shortlisted applicants

• Complete an Individual Selection Report for each
  applicant.
• Unsuitable applicants should not be ranked.
• Recommendation goes to the Principal who may
  accept, reject or refer it back to the panel.

52
9. Notification to applicant

• Chairperson of selection panel may notify the
  successful applicant after the recommendation is
  approved by the Principal.
• DEECD (through Recruitment Online) 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.
• An offer must not be made until the review period
  is concluded and the MPB advises no application
  for a review has been lodged.

53
10. Selection documentation

• Prepare a written selection report using the
  proformas available online.
• Selection documentation must be securely retained
  as per disposal schedule.

54
11. Feedback

• All applicants should have the opportunity for
  feedback on their application and performance
  after appointments are confirmed.
• Detailed feedback should only be provided once
  the outcome of any review is known.
• Panels should agree on
• - the information to be provided,
• - who will provide the feedback.

55
(No Transcript)
56
The Merit Protection Boards

• Roles
• 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).

57
Disciplinary Appeals Boards (DAB)

• The MPB also administers the DAB which hears
  appeals in relation to disciplinary action taken
  by the Secretary (under Div. 9A or 10 of the
  ETRA) in relation to an employee in the teaching
  service.

58
Merit Protection Board Membership

• Chairperson nominated by the Minister
• Secretarys Nominee
• Teacher nominated by the Minister
• All are appointed by the Governor in Council.
• Senior Chairperson and Secretarys Nominee are
  full time members of the MPB.

59
Types of Appeals and Grievances

• Incapacity appeals (excluding non-teaching
  employees)
• Selection grievances
• Personal grievances, including discrimination and
  sexual harassment
• Applications for appeals and grievances must be
• lodged within 14 days of notification of
  decision.

60
Selection Grievance

• Grounds -
• deficiencies in the process preventing selection
  on merit, or
• where an ongoing employee considers that he or
  she has a better claim to be transferred or
  promoted to a vacant position than the ongoing
  employee provisionally transferred or promoted to
  that position.

61
Grounds for the review of selection decisions

• ETRA s2.4.54 (2) and Order 2 Principals
• ETRA s2.4.51 (2) and Order 199 Executive
  Class, Liaison Principals, Assistant Principals,
  Teachers and Education Support Class

62
Eligibility to lodge a Selection Grievance

• To be eligible to lodge a grievance a Principal
  class officer, or any ongoing employee must
• Have been an applicant for the job,
• Be eligible and qualified to apply for the job,
  and
• Have grounds for seeking a review of the
  selection decision.

63

• There is no right of review at the Merit
  Protection Boards where an external applicant or
  fixed term employee is selected for a job or
  where no appointment has been made.
• There is no entitlement for external applicants
  (including fixed term employees) to lodge a
  selection grievance with the MPB.
• Casual employees are not eligible to lodge a
  selection grievance.

64
Outcomes of Teaching Service Selection Grievances

• The MPB may
• Confirm the provisional promotion or transfer be
  confirmed or
• Order the decision maker (Secretary, selection
  panel, Principal or School Council) to reconsider
  the provisional promotion or transfer.

65

• After the decision maker reviews the MPBs order
  to reconsider, and makes the same recommendation,
  the MPB must then review the provisional transfer
  or promotion.
• Before the final review, the appellant is invited
  to comment on the reasons given for making the
  same decision.

66
The Board may then

• Order the provisional transfer or promotion be
  confirmed or
• If satisfied that the same or similar grounds for
  review continue to apply, order that the position
  be re-advertised.

67
Personal Grievance

• Grounds -
• The applicant considers that the decision maker
• is in breach of the Act or the appropriate Order,
  
• infringes the principles of merit and equity, or
  infringes any personnel policy or guidelines
  issued by the Secretary or
• is otherwise unreasonable.
• Note Evidence that an attempt to conciliate must
  be provided to the MPB before a personal
  grievance can be heard.

68
Personal Grievances

• Decisions that have been the subject of personal
  grievances to the MPB include
• Refusal to grant leave
• Outcome of local complaints process
• Refusal to grant time fraction change
• Outcome of higher duties assignments
• Translation from fixed term to ongoing employment
• Renewal of leading teacher tenure and principal
  contracts.

69
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)
• confirm or
• vary or quash the action or
• recommend such other action that may be
  appropriate.

70
Prior to the hearing

• Application
• Request from MPB that attempt at conciliation be
  made
• Response from decision maker
• Copy provided to appellant
• Hearing date set

71
Hearing Process for Personal and Selection
Grievances
72
The Hearing

• Decision maker explains the basis for the
  decision
• 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.

73

• The Merit Protection Boards and Disciplinary
  Appeals Boards must ensure that hearings are
  conducted in accordance with the principles of
  natural justice that provide for both sides to
  have the opportunity to present their case before
  an independent body, and to hear and comment on
  the other partys version of the events.

74

• 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.

75
(No Transcript)
76
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

77

• www.mpb.vic.gov.au/training.htm

78
CONCLUSION

• Compliance letter from the Senior Chairperson
• Evaluation sheet
• Thank you to the facilitators
• Sign out
• Call us / Contact details
• MPB 9651 0290

79

• CONGRATULATIONS