Appeals & Grievances

• Promotion Appeals
• Recruitment Myths
• Good Practice Guidelines to Selection Processe
• Inability and Disciplinary Appeals
• Grievance Reviews under Section 59

Lodgement Process

Reviews Process

• Workplace Bullying in the NTPS
• Unfair Treatment
• Related Links

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An employee may wish to lodge a grievance (request for review) if she/he is aggrieved by treatment they have received whilst employed in the Public Sector. Requests for review have been lodged about:

• termination of employment whilst on probation; decisions regarding conditions of service (eg. requests for leave without pay, airfare entitlements, recognition of prior service for long service leave purposes);
• selection processes;
• unfair treatment (in relation to transfers, rosters, treatment by a supervisor, harassment, etc.); and
• termination of temporary employment.

An employee may also request the Commissioner for Public Employment to review failure to take action or make a decision.

Section 59 Review

A request for a section 59 grievance review must be lodged within three months of the action, intended action or decision that caused the grievance (14 days in the case of termination of probationary employment).

Section 59 requests are handled by a reviewing officer (usually a staff member of the Promotions Appeal Board and Review area which is located in the Office of the Commissioner for Public Employment) who reviws the matter on behalf of the Commissioner. Section 59 reviews are treated confidentially at all times. When the review is completed a full report, detailing the issues covered and the findings of the reviewing officer, is prepared for the Commissioner. The Commissioner then makes a final decision in relation to the s59 reviw. In doing so, the Commissioner may:

• confirm the action, intended action or decision; or
  
• direct the Chief Executive Officer of the agency concerned to take, or refrain from taking, as the case requires, a specified action.

In the case of proposed termination of employment while on probation, the Commissioner will either confirm the decision to terminate the employment or direct that the employee’s appointment to the Public Sector be confirmed.

Legislative basis

Section 59 of the Public Sector Employment and Management Act and Employment Instruction Number 8 deal with the resolution of an employee s59 request.

Reference to section 59 is also made in other Employment Instructions (eg. Employment Instructions Number 1 - Advertising, Selection, Appointment, Transfer and Promotion; Number 2 - Probation; and Number 5 - Medical Incapacity).

The Human Resources area of your agency can provide you with copies of the relevant legislation. You can also view it online.