It is hoped that the following information will be of assistance to Principals in responding to Grievances lodged with the Merit Protection Board (MPB).

The APF recently advocated to the MPB for an extension of the standard response time to a Grievance from 5 to 10 business days, on the basis that principals are already overworked with their myriad roles and responsibilities and that a 5 day deadline imposes added pressure. The MPB has been receptive to our request and has agreed to 10 business days as the standard response time for personal grievances, however, maintaining the caveat that circumstances may on occasion require a reduced response time to facilitate a faster turnaround to a specific grievance. Selection grievances are an example of those that require a speedy resolution to ensure the timely continuation of the selection process.

The two most common issues that have resulted in grievances since the beginning of 2024 relate to the findings of a complaints processes and the rejection of requests for temporary transfers.

I have covered the issue of temporary transfers in an APF Newsletter dated 20 November last year. In essence, if a staff member requests a temporary transfer within the government system they will almost certainly have their grievance upheld. Whether the temporary transfer exacerbates an existing staffing shortfall is not sufficient grounds for the MPB to overturn the grievance.

One of the primary concerns of the Merit Protection Board (MPB) is ensuring that principals adhere to Departmental policies and guidelines. Principals must seek and follow the advice of the Conduct and Integrity Branch and be able to demonstrate compliance with this advice.

The majority of grievances in which we support members with relate to the findings following implementation of the Complaints process therefore, this article will focus on strategies to help principals strengthen their responses and support them with the grievance process.

Principals may need to commence a Complaints process for a range of reasons. Whenever this is necessary, it is important that you start documenting everything so that you are best able to deal with any possible grievance that may arise.

This includes:

Taking diary notes including details of any concerns that are raised with you either in person or via phone.
Have an independent person take notes of any meetings and set a clear agenda prior to the commencement of the meeting. Always offer the staff member the opportunity to have a support person present and make a note of this in the minutes of the meeting.
Collect witness statements as soon as possible. It is best to do this while their memory is fresh.
Collect and collate all of the above information including any relevant emails or letters.

If you have concerns that a staff member’s behaviour is problematic and you feel that it may lead to you to commence a formal complaints process, then you should start documenting any earlier issues. This can be in the form of diary notes, or less formal emails or letters where you feel that these need to be recorded.

If there is a grievance against your findings it is very helpful to be able to present the MPB with evidence of the earlier issues and your attempts to resolve them locally. It will also demonstrate that there was a pattern of behaviour that has escalated to be managed via a formal Complaints process. This will also help ensure that you will be able to provide detailed documentation in support of your findings.

Several of the grievances against a principal’s findings relate to teachers who have been newly appointed to the school. I would encourage principals to ensure that the Employment Contract for all new ongoing staff members includes and highlights the probationary period for anyone appointed who is not already an ongoing employee with the Department.

The APF is well aware of the existing staff shortages in Victoria, especially in more remote or hard to staff areas and in particular subject areas. As well as the time involved in recruiting staff. It is always worth the time to seek references as this can help reduce the likelihood of having to manage a formal complaints process at a later date. Particularly, ask as part of the reference check if the individual has been the subject of a complaint or misconduct process in addition to questions relating to suitability for child connected work.

There were several occasions last year where it was only possible to respond to newly appointed ongoing staff who caused significant issues via the formal Complaints process when they might more easily have been managed under the Probationary Period Guidelines. Subject to the appropriate process being followed, probationary periods can be annulled or extended.

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