Review of Action (Selection Grievances)
Public Service
VPS Employees
Unsuccessful Victorian Public Service (VPS) employees may be eligible to seek a review of action against a selection decision made within the Department. The only grounds for review of a selection decision for VPS employees are that there were deficiencies in the selection process that prevented selection on merit or that the position was inappropriately exempted from advertisement and the employee was otherwise eligible to lodge a selection review. A request for review by non-executive employees must be lodged with the Merit Protection Boards (MPB) within 10 working days of the date of notification of the selection decision or the day on which the employee became aware of the decision. Application forms are available from Corporate HR Services or the MPB.
VPS employees may lodge a review of action (selection decision) with regard to a selection decision where:
- the employee was an applicant for the position; and
- the employee is qualified and eligible to apply for the position; and
- the proposed appointee is an employee of the Department of Education and Early Childhood Development, another VPS agency, or an unplaced employee; and
- the application for review is in writing.
Only current employees are entitled to have a review of a proposed appointment or promotion heard by the MPB. Non-employees and former employees do not have a right to lodge a review of action (selection decision) with the MPB. Fixed term employees are eligible to lodge a review of action (selection decision) only while they are currently employed by the Department. In this regard a review of action (selection decision) must have been lodged with the MPB prior to the cessation of that person’s employment with the Department.
An application for review made by an employee from another VPS agency will be considered only if the conditions above apply and the non-selection to the Department of Education and Early Childhood Development vacancy represented a promotion for that person.
On-going members of the Teaching Service (principal, teacher or education support class) are entitled to lodge a review of action (selection decision) in relation to a VPS appointment where they meet the above eligibility criteria.
A successful review may result in the MPB recommending that the selection panel reconsider the field of applicants or that the position be re-advertised. Whilst the Secretary will generally abide by the recommendation of the VPS Review of Action Board, he or she is not obliged to follow that recommendation. If the Secretary does adopt the recommendation of the VPS Review of Action Board, it will be communicated to the Registrar and the decision will then be relayed by the Department in writing to the parties within 7 working days of receiving the written record of the decision.
The successful applicant should not commence in the job until after any review process is finalised.
Executive Officers
An executive may request a review of a decision or action, or lack of action that directly affects them. Where the grievance is unable to be resolved at the local level, the executive should lodge the matter in writing with the Secretary within two weeks of the decision or action which the executive wishes to have reviewed.
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