Lodgement Process
Except in cases of termination of employment while on probation, the first step is to try to solve you concerns yourself by discussing the matter with those involved; in many cases, this should bring about a resolution.
If this does not work, or if the grievance is of a serious nature, you should consult the agency’s internal grievance review procedures and follow the steps outlined in that document. Those procedures are available from the Human Resource section of the agency concerned.
At any stage in the process you may contact the Promotions Appeal Board and Review area (PAB&R) for advice on the best way to approach your concerns and/or advice on the process to follow in lodging a section 59 request.
If you have been notified that it is proposed to terminate your employment while on probation, you may lodge a s59 request directly with the Commissioner.
Internal Procedures not Solving the Problem
If the three month lodgement time is drawing to a close, or if internal procedures are proving ineffective, then you may refer your concerns to the Commissioner for Public Employment for a section 59 review. You can do this by letter, email or fax, outlining the issues and your desired outcome to the Commissioner or to staff of the PAB&R.
You should not proceed with a section 59 review unless you have fully utilised internal procedures or believe those procedures will be ineffective in dealing with your concerns.
Receipt of Grievance
On receipt of your s59 request, an informal discussion is usually held with you to advise you of the s59 process and to discuss your desired outcomes.
After initial consideration of the issues, the matter may be referred back to the agency if insufficient use of internal procedures has taken place. If this is the case, progress within the agency is monitored by staff of the PAB&R to ensure that the agency deals with the matter as quickly as possible.
If the agency is not able to resolve you conerns, or if it is inappropriate to refer the matter to the agency, the reviewing officer commences a formal section 59 review.
The Commissioner may decline to review a matter which he/she, after carefully considering the matter, considers to be vexatious or frivolous.