Queensland Public Sector Disciplinary & Fair Treatment Appeals
"You know if you're being ufairly treated or disciplined, let us help you."
DISCIPLINE APPEALS
Eligibility to Appeal
To
be eligible to lodge an appeal against a disciplinary decision to be
heard by the Public Service Commission, an employee must be-
- an employee who may be disciplined under section 188 of the Public Service Act 2008
- an
employee who may be disciplined under another Act to whom appeal rights
apply under Schedule 1 of the Public Service Regulation 2008 e.g.
health service employees.
and someone who has had a decision to discipline made against them.
A
"Decision to Discipline" is a determination on both liability and
penalty. An appellant may appeal either the determination on liability
or penalty or both. An appeal will not be heard until the disciplinary
process has been completed and a decision made available.
What Discipline decisions cannot be appealed?
Where
the penalty imposed is dismissal or a decision which would involve the
Public Service Commission Chief Executive or an employee of the PSC
being a party to the appeal they are not able to be appealed. Those
matters are handled by the Queensland Industrial Relations Commission.
What Time Limits Apply to Lodging an Appeal?
The
deadline for the actual receipt of a Notice of Appeal Against
Disciplinary Action by the Commission is 5pm on the 21st calendar day
after the day on which you received written notice of the final
decision of your Chief Executive (or their delegate) on liability and
penalty.
Process
Once
an appeal is lodged The Commission will notify the agency and also set
a date for hearing of the appeal. Your employer is required, one week
prior to the hearing, to submit to the Commission a brief chronology of
events which led to the disciplinary action being taken together with a
copy of all documents used by the agency in determining liability and
penalty.
You should be given copies of all documents not already supplied to ensure the principles of natural justice are observed.
The
appeal is an application for an independent external review of the
agency' s decision to discipline the employee and is based on the
evidence available to the decision-maker at the relevant time.
Additional information arising between the time of discipline and the
hearing of the appeal will not be considered by the Commission Chief
Executive, unless exceptional circumstances exist.
Your
employer is required to provide the appellant with ready access to, and
the right to photocopy documents from their personal file, relevant
legislation and any relevant code of conduct.
One
week prior to the hearing, each party is required to advise if they
seek to have witnesses appear at the hearing or site inspections to
occur.
What Decisions Can be Made by The Commission?
The
Commission Chief Executive has jurisdiction to hear and determine all
matters relevant to a discipline appeal. The Commission Chief Executive
may –
- confirm the decision appealed against (i.e. dismiss the appeal)
- set aside the decision appealed against (i.e. allow the appeal) and substitute another decision (penalty can be varied), or
- set
aside the decision appealed against (i.e. allow the appeal) and return
the issue to the decision-maker with any directions the Commission
Chief Executive considers appropriate.
How Do I Get help?
For a no obligation assessment of your circumstances contact Workers First by email to mail@WorkersFirst.com.auor call us on our toll free number 1300 991 791.
FAIR TREATMENT APPEALS
Queensland Government employees
enjoy certain protections from unfair or unreasonable treatment at work. If you
have been unfairly treated you can do something about it.
Who can appeal?
Public service employees may
appeal a decision of an agency to take action or not to take action under a
directive, as well as certain other matters.
Officers of a department, general employees and temporary employees may
appeal to the Commission Chief Executive to have a decision reviewed.
On what grounds may a person
appeal?
An appeal may be made where an
aggrieved employee honestly and reasonably believes they have not been treated
fairly and reasonably. An appeal about a grievance can only be lodged with the
Commission Chief Executive after all internal grievance processes have been
exhausted.
There are also a number of other grounds on which employees can
lodge fair treatment appeals, such as decisions about transfers or deployment. A
number of decisions can not be appealed against.
These include decisions
- that decide the policy,
strategy, nature, scope, resourcing or
direction of the public service or a department;
- involving superannuation or
workers compensation;
- about probation;
- about the classification level
of your position except where the appeal concerns movement from Level 2 to
Level 3 within the Professional and Technical streams in accordance with the
prescribed criteria for movement including where such movement is prevented by
a decision regarding equivalence of qualifications or classification as a
Principal Teacher under the TAFE Teachers' Award - State or the Senior College
Teachers' Award - State; or decisions of Ministers or the
Governor-in-Council.
When Must the Appeal be Lodged?
There are strict time limits that
apply to the lodgement of fair treatment appeals. The appeal must be lodged by 5pm on the 21st calendar
day after you receive written notification of the decision being appealed
against. If your appeal is about an
employment screening process then the deadline for receipt of the appeal by the
Commission is 5:00pm on the 7th calendar day following written notification.
Don't
delay in contacting us for a no obligation assessment of your circumstances by
email to mail@WorkersFirst.com.au
or on 1300 991 791 or else you may lose your right to appeal the decision.
The Process
Once an appeal is received the
Commission will hold a preliminary conference with the parties to clarify the
matters in issue and try to conciliate the dispute. Prior to any conciliation any documents
relevant to the dispute must be given to the Commission. If the dispute can not be resolved by arbitration
then the Commission will proceed to hear the appeal and make a decision. Prior to the hearing each party is afforded
the right to lodge written submissions and statements in support of their case.
Can I be Represented at the
Appeal?
Yes, you are able to be
represented at the appeal but not by a lawyer.
Our trained and experienced industrial advocates who are not lawyers can
attend the conciliation and hearing with you to put forward your case and help
you every step of the way.
If you want to
be represented by Workers First at a conciliation or hearing all you need to do
is contact us by email to mail@WorkersFirst.com.au
or on 1300 991 791 and we will make arrangements for you to sign a written authority
and to inform the Commission that we are representing you. It's that simple.
What decisions can be made?
The Commission may dismiss the
appeal and confirm the decision appealed against; or allow the appeal, set
aside the decision appealed against and substitute another decision; or allow
the appeal, set aside the decision appealed against and return the matter to
the original decision maker with any appropriate directions to make a new
decision.
How do I appeal a fair treatment
matter?
Contact Workers First to arrange
a no obligation assessment of your circumstances by email to mail@WorkersFirst.com.au or 1300 991 791.
Please send us your inquiry and we'll call you.
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