Chapter 7 – Workforce Management

Conduct and Behaviour

SSMO has continued to work with agencies to support the State Service Code of Conduct and the State Service Principles.

Agencies are required to take reasonable and appropriate action to address conduct that does not meet the requirements of the Code or the Principles, as set out in Employment Direction No.5: Procedures for the Investigation and Determination of Whether an Employee has Breached the Code of Conduct.

SSMO has also continued to consult with agencies and other key stakeholders as part of the examination of the TSS Employment Framework. The examination has included reviewing policies on agency grievance management, employee conduct and behaviour, and gifts and benefits.

Investigations

Code of Conduct

In 2017-18 there were 77 new investigations into alleged breaches of the Code. Of the 55 finalised during that period, 47 breaches were identified and sanctions were imposed including:

• counselling;
• reassignment of duties;
• a fine;
• reduction in classification/salary;
• reprimand; and
• termination.

The remaining cases were either resolved with no breach found, or finalised through other means, or were carried forward into the 2018-19 period.

Inability

Six agencies reported investigations into eight new cases of alleged inability of an employee to perform their duties, in line with Employment Direction No.6: Procedures for the Investigation and Determination of Whether and Employee is Able to Efficiently and Effectively Perform Their Duties. Of these, three were finalised with two cases finding an employee was not able to perform their duties, as a result one employee was terminated. Of the remaining cases, two were not determined as an inability, and the other cases were carried forward into the 2018-19 period.

Terminations

There are a number of grounds under which an employee’s employment may be terminated, as provided in Section 44(3) of the State Service Act 2000. In 2016-17, seven employees had their employment terminated (a decrease from nine in 2016-17).

Internal Grievances

Employees are able to raise grievances or matters with their agency under the agency’s grievance management process. In 2017-18, 10 agencies reported 145 formal grievances being lodged (an increase from 114 in 2016-17). The nature of the grievances lodged included employee conflicts, management decisions, harassment, misconduct, work performance and discrimination. Resolution of these formal grievances was reached using mediation, counselling, reallocation of duties and a range of other measures.

The following table shows the outcome of formal grievances reported in 2016-17 and 2017-18.

The average number of internal grievances managed across the TSS each year for the five years from 2013 to 2018 was 108.

External Grievances

In 2017-18, 58 ³ grievances were taken to external organisations such as Equal Opportunity Tasmania (six), the Integrity Commission (five) and the TIC (41) ⁴. Of these grievances, one was managed internally by the agency before being referred. Matters which were referred to an external organisation included management decisions, discrimination, bullying/harassment, and matters relating to award conditions. The average number of grievances managed externally each year for the five years from 2013 to 2018 was 67.

Employment Determinations

A number of employment matters were referred for determination using the powers of the Employer under the Act, in line with relevant Employment Directions, and Practices, Procedures and Standards. The following table shows the requests made in the 2017-18 reporting period and their status as at 30 June 2018.

Employment Direction No. 1: Employment in the State Service (ED1) delegates the Employer’s powers under Section 37(4) of the Act to Heads of Agencies, allowing them to determine an employee’s status to be changed from fixed-term to permanent. The following table reports the number of requests approved by Heads of Agencies in 2017-18.

The power to change the employment status of eligible fixed-term teachers in line with the provisions of Employment Direction No. 9: Change of Employment Status of Fixed-term Teachers to Permanent (ED9) also relies on the delegated Employer power under Section 37(4) of the Act. The number of teachers who had their employment status changed is therefore also recorded.

^{3 This number includes grievances which were directly submitted to the external organisation before being referred back to the agency for resolution.}

^{4 The remaining grievances were lodged with organisations that included Ombudsman, law firms, and the Fair Work Commission.}

^{5 Current approved Fixed-term and Casual Employment registers are listed on the www.jobs.tas.gov.au website.}

^{6 Four of these requests included amendments to the duties included on existing registers.}

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