Purpose of the Program

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MERIT PROTECTION ACCREDITATION PROGRAM FOR VPS
STAFF AND EXECUTIVES
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Purpose of the Program

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

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• 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

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Legislative framework for decision making
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PUBLIC ADMINISTRATION ACT (2004)

• Public Sector Employment Principles Standard
  No.1 (2006)
• Binding minimum requirements for the application
  of the principles
• Fair and Reasonable treatment
• Merit in employment
• Equal employment opportunity
• Reasonable avenue of redress.

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Public Sector Employment Principles

• Employment decisions are based on merit
• Public Sector employees are treated fairly and
  reasonably
• Equal employment opportunity is provided
• Public Sector employees have a reasonable avenue
  of redress against unfair or unreasonable
  treatment
• In the case of public service bodies, the
  development of a career public service is
  fostered
• Human rights as set out in the Charter of Human
  Rights and Responsibilities are upheld.

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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.

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• Public Sector body heads are to ensure
• Their employees are aware of the requirements of
  the public sector employment principles, how they
  apply to decisions and actions in which they are
  involved, and the manner in which those decisions
  and actions may be reviewed
• All managers are provided with adequate
  information, guidance, training and support in
  applying the public sector employment principles
• Relevant processes are regularly reviewed for
  effectiveness

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Continued

• The quality of decision making is monitored
  against the requirements of these standards
• Workplaces are harassment-free
• No person will be subject to threats or other
  detriment as a result of bringing a complaint
  regarding a possible breach of the employment
  principles or these standards.

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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

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Continued

• Decisions to appoint new employees or promote
  existing employees from a limited field of
  candidates are only to be made where candidates
  are identified based on objective criteria
• Decisions to assign duties or transfer public
  sector employees (to roles at an equivalent
  level) are to be based on proper assessment of
  the employee against the genuine requirements of
  the duties or role.

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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

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Continued

• Decisions and actions affecting employees are not
  to be influenced by irrelevant personal
  characteristics
• Public sector body heads are to be notified of
  any discrimination complaints against their
  organisation and the findings of associated
  investigations
• Data in relation to implementation of the EEO
  principle is to be monitored and evaluated on a
  regular basis.

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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 are to encourage parties to resolve
  issues internally and informally, before applying
  more formal internal or external processes

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Continued

• Review of a grievance is to be based on
  consideration of relevant facts and evidence
• Appropriate delegation and accountability is to
  be assigned to enable a grievance to be
  effectively considered
• The principles of natural justice and procedural
  fairness are to be applied throughout a review
  process.

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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 relevant information must be considered
  before a decision is made
• All persons should be informed of the basis of a
  decision that affects them.

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• These four standards are supported by associated
  guidelines which are not binding.
• Ref http//www.ssa.vic.gov.au/ - State Services
  Authority - values, employment principles,
  standards and codes.

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VICTORIAN EQUAL OPPORTUNITY ACT (1995)

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

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Objectives

• 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
• Eliminates discrimination against people on the
  basis of the following attributes

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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

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• Political belief or activity
• Pregnancy
• Race
• Religious belief or activity
• Sex
• Parental status or status as a 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.

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• The Act
• Prohibits 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.
• Prohibits 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.

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• Makes it unlawful to sexually harass a person
• Sexual Harassment is
• an unwelcome sexual advance
• an unwelcome request for sexual favours or
• any other unwelcome conduct of a sexual nature in
  circumstances in which a reasonable person having
  regard to all the circumstances would have
  anticipated that the other person would be
  offended, humiliated or intimidated.

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Vicarious Liability

• If a person in the course of employment (or
  whilst acting as an agent) engages in
  discriminatory conduct or sexual harassment, both
  the person and the employer are liable and a
  complaint may be lodged against either or both of
  them
• In order to avoid liability, employers must take
  reasonable precautions to prevent employees or
  agents from discriminating against or sexually
  harassing others

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Prohibition of authorising or assisting
discrimination

• A person must not request, instruct, induce,
  encourage, authorise or assist another person to
  discriminate or sexually harass.
• To comply with such a request could result in
• a complaint being lodged against both parties.

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Victimisation

• 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
• act in good faith in bringing information or an
  allegation under this legislation, or refuse to
  contravene this legislation.

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WHAT DO MERIT AND EQUITY IN EMPLOYMENT MEAN?
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Using merit as a selection principle means

• The selection of the most competent applicant
  based on skills, knowledge, experience, past
  performance, other personal qualities relevant to
  the work and potential for further development.

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Employment equity

• a concept encompassing principles that ensure
  fairness, consistency, and non-discrimination
• impartiality and procedural fairness
• adhering to the principles of equal employment
  opportunity.

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WHAT IS MERIT BASED SELECTION?

• A systematic, consistent and fair process to
  ensure that the best applicant for the job is
  selected

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Video
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Effective staff selection in practise

• Pre-recruitment
• Develop a specific job role in the context of the
  workplace structure, unit priorities and VPS Work
  Level Standards for the classification level
• Prepare, revise or accept the position
  description and ensure that the selection
  criteria are relevant
• Determine the relative importance of the
  selection criteria and list in priority order.

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• Recruitment
• Unplaced DEECD staff may be referred to an
  advertised vacancy and must be considered in
  isolation from and not in competition with others
• Ensure appropriate advertising in order to
  attract the broadest field of suitable applicants
• Flexible work policies and family friendly work
  practices enhance a high performing workforce.

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• Note 1 Vacancies of 6 months or less may be
  filled through a process determined by individual
  managers, e.g. internal advertisement.
• Note 2 All other positions must be advertised as
  follows
• ongoing and fixed term more than 12 months, via
  http//jobs.careers.vic.gov.au/det
• fixed term of more than 6 months and up to 12
  months, via http//jobs.careers.vic.gov.au/det

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SELECTION PROCEDURES

• Form a selection panel
• Shortlist
• Conduct the interview
• Information verification
• Referee checks
• Assess and rank shortlisted applicants
• Notify applicant
• Selection documentation
• Feedback

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1. Form a Selection Panel

• At least one member of each gender
• One person accredited in merit protection
• Wherever possible include at least one person
  from the employment category of the advertised
  position

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Roles of panel members

• The chairperson co-ordinates the selection process

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The panel member accredited by the MPB

• Is a full member of the selection panel
• Assists the selection panel with the selection
  process to understand the application of merit
  and equity in staff selection
• Checks that appropriate processes have been
  undertaken prior to interviews

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Responsibilities of all panel members

• Declare and resolve any conflict of interest or
  potential bias
• Have a detailed knowledge of the requirements of
  the job
• Apply the public sector employment principles set
  by the Public Sector Standards Commissioner
• Fairly assess the relative efficiency of
  applicants against the selection criteria for the
  job
• Observe confidentiality throughout and following
  the process

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A variety of selection tools may be used

• Written application
• Structured interview, including behavioural
  interviewing
• Problem solving/simulation
• Work samples
• Presentations
• Referee checks

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Selection tools

• Tools must
• be applied consistently to all applicants,
• be relevant to the job and,
• be free from unlawful discrimination

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Video
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2. Shortlisting

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

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• Requires all applications to be read and ranked
  against the selection criteria by all panel
  members
• Must be inclusive
• Note
• Referees may be used to shortlist where
  necessary (questions must be based on criteria).
• Write a brief report for each non shortlisted
  applicant.

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3. Conducting the interview

• Before interview advise shortlisted applicants
  of
• Venue, date and time
• The members of the selection panel
• The selection tools to be used

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Interviews should be a positive process for all
concerned

• Questions must relate to the selection criteria
• Questions should be consistent (but not
  necessarily identical) for all applicants
• Questions must be non-discriminatory
• Supplementary questions must relate only to the
  selection criteria.

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4. Information verification

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

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5. 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.

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GOOD PRACTICE!

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

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• 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.

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6. Assessing Ranking shortlisted applicants

• Complete an Individual Assessment Report for each
  applicant
• Unsuitable applicants should not be ranked
• Recommendation goes to the General Manager who
  may accept, reject or refer it back to the panel
• If endorsed Selection Report goes to Corporate HR
  Services.

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7. Notification to applicant

• Manager may notify the successful applicant after
  the recommendation is approved by the General
  Manager
• Corporate HR Services advise all applicants of
  the outcome and the right to a grievance, if
  applicable
• At this stage applicants may request a copy of
  their Individual Assessment Report.

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8. Selection documentation

• Prepare a written selection report
• Selection documentation must be securely retained
  for 6 months

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9. Feedback

• All applicants should have the opportunity for
  feedback on their application and performance
  after appointments are confirmed
• Panels should agree on
• - the information to be provided
• - who will provide the feedback

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Video
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VPS REVIEW OF ACTION BOARD

• Chairperson nominated by Senior Chairperson
• Secretarys Nominee or a person selected by the
  Senior Chairperson
• VPS employee nominated by Senior Chairperson

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Types of Grievances

• Selection, including promotion and transfer
• Personal, including discrimination, sexual
  harassment and discipline

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Role of VPS Review of Action Board

• Undertake an initial review of the decision or
  action and make a recommendation to the Senior
  Chairperson
• The Senior Chairperson then makes a
  recommendation to the Secretary.

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Selection Grievances

• Applications must be lodged with the MPB within
  14 days of notification of the decision
• Grounds -
• Error of law
• A significant deficiency in the selection process

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Eligibility for review of a Selection Grievance

• The Senior Chairperson may only accept an
  application for initial review of a selection
  decision from a DEECD employee where
• the employee is qualified and eligible to apply
  for the position and
• the employee was an applicant for the position
• the proposed appointee is an employee of DEECD
  and
• the application is in writing and signed.
• If employed by another agency the position
  applied for must be a promotion.

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Outcome of Selection Grievances

• The Senior Chairperson may recommend
• to confirm the validity of the selection
  decision
• to vary, reverse or revoke the selection
  decision
• to request that a selection decision be
  reconsidered or
• to request that the position be re-advertised
• Note the successful applicant should not
  commence in the position until the grievance
  process is completed.

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Personal Grievances

• Applications must be lodged with the MPB within
  28 days of the action or date of notification of
  the action, which ever occurs last.
• Grounds - The action is
• Unfair
• Inconsistent with
• - the Public Administration Act 2004, including
  the Public Sector Employment Principles
• employment decisions are based on merit
• public sector employees are to be treated
  fairly and reasonably
• equal employment opportunity is to be
  provided

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• public sector employees are to be given a
  reasonable avenue of redress against unfair or
  unreasonable treatment
• human rights as set out in the Charter of
  Human Rights and Responsibilities are to be
  upheld and
• the development of a career public service is
  to be fostered.
• - The Public Administration (Review of Actions)
  Regulations 2005 or
• - Any standard issued by the Public Sector
  Standards Commissioner under s64(5) or s66(2) of
  the Public Administration Act 2004.
• An action includes refusal to take action.

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What is a Personal Grievance?

• A request for review of action may arise from
  employment issues to do with
• breaches of Departmental guidelines, policies or
  procedures,
• identification as unplaced staff or redeployment
  or retrenchment of staff
• leave salary entitlements,
• performance assessment,
• criminal records checks,
• victimisation bullying,
• discrimination,
• harassment, including sexual harassment, and
• disciplinary matters

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Outcome of Personal Grievances

• The Senior Chairperson may recommend to the
  Secretary one or more of the following
• To confirm the validity of the action (or
  decision)
• To vary, reverse or revoke the action (or
  decision)
• To request that an action or decision be
  reconsidered
• To change Departmental processes or
• That any other action be taken.
• The Secretary will generally abide by the
  recommendation of the VPS Review of Action Board
  however he or she is not obliged to follow the
  recommendation of the VPS Review of Action Board.

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Hearing process for Personal and Selection
Grievances

• Application
• Response from decision maker
• Copy provided to appellant
• Hearing
• Boards recommendation to Senior Chairperson
• Recommendation to Secretary

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