Purpose
Our company recognises that employees may wish to have the outcome of certain processes reviewed. Where our company provides for an employee to appeal the outcome of a process within the relevant policy, the provisions of this Staff Appeals Policy will apply. If a staff member is aggrieved by the outcome of a process that does not provide for an appeal, the Company Grievance process may be utilised.
Scope
This policy applies to all employees of our company and also covers employees on a:
- continuing appointment, and
- fixed-term appointment for a period greater than six (6) months. The policy does not apply to a staff member who is employed on a casual basis.
Nothing in this policy limits the rights of an employee to make a Protected Disclosure in accordance with the Protected Disclosures Policy.
Policy Statement
A permanent/full-time employee may appeal to have the following matters reviewed:
- an unsuccessful application for review of the classification of a position; or,
- an unsuccessful application for appointment to an advertised vacant position, at a higher level, to which a current employee has been appointed.
Grounds for Appeal
The grounds for an appeal are:
- whether the relevant Delegation authority was comprised of members in accordance with the requirements of the relevant policy;
- whether there is evidence that a committee discriminated against an applicant in terms of our company,s equal opportunity requirements;
- whether correct voting procedures were followed (in the case of WHSR appointment);
An appeal following an unsuccessful application for appointment to an advertised vacant position is subject to the following conditions being met:
- the person appointed to the position concerned is currently employed by our company;
- the position applied for carries a higher classification than that currently occupied by the appellant and the successful applicant;
- the appellant satisfies the advertised selection criteria for the position; and/or
- the appellant is able to take up the duties of the position concerned.
Appeals Committee
An appeals committee is comprised of:
- a Chair nominated by the CEO;
- the HR Manager of our company; and
- a full-time supervisor or manager elected by the CEO.
The following persons will not be eligible to be appointed as members of an Appeals Committee:
- the CEO;
- the appellant;
- the appellant’s nominated, supervisor or manager;
- the Executive responsible for the organisational unit in which the appellant works;
- a member of the Committee whose decision is the subject of the appeal.
Procedure
All appeals must be in writing and lodged with Human Resources. The appeal notification will:
- set out the grounds of appeal; that is, describe the alleged procedural breach. The obligation to establish procedural error lies with the appellant.
- be lodged no later than 10 working days after the date on which the appellant received written notification of the outcome being appealed.
Following lodgement of the appeal, the HR manager will provide the CEO with copies of the relevant documentation including:
- the staff member’s written appeal together with any supporting material relevant to the matter under review;
- the procedures followed by the relevant committee in considering the matter under review including the relevant policy;
- documentation originally submitted by the staff member to the relevant committee in relation to the matter under review;
- the record of proceedings of the committee related to the matter under review; Staff Appeals Policy
- the written advice informing the applicant of the outcome of the proceedings of the committee related to the matter under review;
- a copy of this policy; and
- Our company‘s Equal Opportunity Policy.
In the case of an appeal in relation to an unsuccessful application for review of the classification of a role, the documentation will also include:
- the original application form for review of classification; and
- the Position Classification for Professional Staff Policy.
The Appeals Committee will normally meet within 15 working days of receipt of the written appeal.
The Appeals Committee may, at its discretion, interview any or all of the following concerning the procedures followed:
- the appellant who may be may be accompanied by a support person of the appellant’s choosing, provided that person is not a practising barrister or solicitor (the role of the support person is outlined in the Staff Assistance, Support and Representation Policy);
- the Chair of the committee whose decision is under review; or
- any other person or persons whom the Appeals Committee may consider relevant to the matter under review.
Confidentiality
All proceedings of the Appeals Committee will be held in confidence. Only members of the Committee, any person/s providing executive support to the Committee or any observer will be present during its deliberations. Members of the Appeal Committee will be required to sign a confidentiality agreement in relation to participation in the proceedings.
Findings of the Appeals Committee
The determination of an appeal will normally be concluded within 20 working days following lodgement of the appeal.
The Appeals Committee may:
- reject the appeal;
- determine that there has been a significant breach of fair and proper procedures which materially and adversely affected the decision on the appellant’s application; or
- in the case of position review of classification, determine that the decision failed to take account of a material aspect or aspects of the application.
If the appeal is upheld, the Appeals Committee will recommend that the application be referred for reconsideration by the relevant committee. In the event of such a recommendation, the Appeals Committee will provide specific information for the relevant Committee concerning the improved process to ensure the proper application of the applicable policy and procedures.
The Appeals Committee will submit a written report of its findings to the CEO.
No further rights of appeal will exist for an employee in respect of a matter considered by an Appeals Committee.
Documentation
Confidentiality Agreement