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Winter 2002

Kangaroo Courts are OUT

Fairer procedures are now in place to deal with discipline and work performance issues.

This follows a review of procedures by the Office of the State Service Commissioner for Government Agencies involved in Breach of the Code of Conduct processes.

The review came after numerous complaints from public sector unions, including HACSU, about the way Agencies were dealing with disciplinary matters under the old "Commissioners Directions".

There had been particular problems in health services, where even the most minor issue was being dealt with through the formal investigative and disciplinary procedure.

HACSU argued taking this approach was overkill, and that managers were using the code to evade their responsibility to manage their own employees and deal with issues "in house".
The previous code also left too much up to interpretation by managers. As well, many managers do not even understand all employees have a right to natural justice.
Managers should understand, for example, that employees;

• have a right to know there has been an allegation made against them,

• know what the allegation is,

• should be provided with all documentation,

• have a right to representation,

• be given time to consider and make a response to any allegation.

HACSU officials have been informed of cases where members have been approached to have an informal "chat" about an issue, only to find later a transcript of the chat was provided to them and they were asked to sign it.

HACSU has, in a number of cases, lodged reviews of Actions (Appeals) on behalf of members who believed they had been treated unfairly in these processes. Many of these cases were settled successfully, but much angst could have been avoided if better procedures were in place and proper process was followed from the outset.

The new procedures have been developed in close consultation with HACSU, and now contain specific and detailed information on which matters constitute a breach of the Code of Conduct.

Matters that should be dealt with directly in the workplace between managers and employees through performance management measures are also outlined.

The new "Directions" take into account the majority of issues raised by HACSU and establish a fairer and more transparent process for the investigation of alleged breaches of the code and how managers should deal with what they believe to be unsatisfactory performance by an employee.

Significantly, and members should note this, these "Directions" apply equally to employees as well as any other State Service Officers, including managers, and Senior Executives.

All of the Commissioners Directions can be found at http://www.ossc.tas.gov.au