Workforce Management

Manage TSS employment on behalf of the Premier as the Employer, through high-quality policy, programs and governance arrangements.

Investigations

Code of Conduct

In 2018-19 there were 76 investigations into alleged breaches of the Code of Conduct (Section 9 of the Act), which were investigated in line with the provisions of Employment Direction No. 5: Procedures for the Investigation and Determination of whether an employee has breached the Code of Conduct. In 2017-18 there were 77 investigations reported resulting in 46 identified breaches.

Of the 40 that were finalised during the period, 31 breaches were identified and sanctions were imposed that ranged from counselling and reassignment of duties to termination of employment. The remaining cases were either resolved with no breach found, finalised through other means, or were carried forward into the 2019-20 period.

Inability

Five agencies reported investigations into alleged inability of an employee to perform their duties, in line with Employment Direction No. 6: Procedures for the Investigation and Determination of whether an employee is able to efficiently and effectively perform their duties.

A total of 14 cases were under investigation in 2018-19, with six finalised during the period. Of these, three found the employee unable to perform their duties, while the remaining cases were found to have no inability, withdrawn or finalised through other means. Eight matters were carried forward into the 2019-20 period.

Terminations

Section 44(3) of the State Service Act 2000 provides a number of grounds on which an employee’s employment may be terminated. In 2018-19, a total of four terminations were reported across four agencies, which is a decrease from the seven reported in 2017-18.

Grievances

Internal grievances

Employees are able to raise grievances or matters with their agency under the agency’s grievance management process. In 2018-19, a total of 154 formal grievances were reported across 12 agencies, which is an increase from 145 grievances across 10 agencies in 2017-18.

The nature of the grievances lodged included management decisions, misconduct, employee conflict, harassment, discrimination, and work performance. Where these grievances were resolved, actions taken included mediation, counselling, training and reallocation of duties. The following table shows the outcome of all formal grievances reported in 2018-19, compared to 2017-18.

The average number of formal grievances managed internally each year for the five years to 2019 was 119.

External grievances

In 2018-19, a total of 32 grievances were taken to external organisations that included the Integrity Commission (16), Tasmanian Industrial Commission (10), and Equal Opportunity Tasmania (four).^[1] Matters referred included management decisions, discrimination, process matters and bullying/harassment. The average number of grievances managed externally each year for the five years to 2019 was 46.

Employment Determinations

Determinations by SSMO

In 2018-19, a number of matters were referred to SSMO for determination using the powers of the Employer under the Act, in line with relevant Employment Directions (EDs), and Practices, Procedures and Standards (PPSs). The following table shows the requests made during this period and their status as at 30 June 2019.

Determinations by Heads of Agencies

Fixed-term employees who meet the provisions of Clause 13 of ED1, may apply to their Head of Agency to have duties they are performing advertised for filling on a permanent basis, in accordance with the ED.

The power of the Employer to change the employment status of a fixed-term employee to permanent under Section 37 (4) of the Act is delegated to Heads of Agencies, and exercised in accordance with the provisions of ED1.  In addition, this power extends to the Head of Agency of the Department of Education to change the employment status of eligible fixed-term teachers who meet the requirements of Employment Direction No.9: Change of Employment Status of Fixed-term Teachers to Permanent (ED9).

The following table sets out the number of determinations approved by Heads of Agencies in 2018-19.

Managing Performance

Performance management systems provide a framework for regular, constructive discussions that create a link between the performance and development of employees and officers and the agency’s business requirements. In 2018-19, agencies reported 13,305 employees participated in a performance management process (an increase from 12,589 in 2017-18).

Performance Improvement Plans (PIPs) provide additional support to employees in meeting performance measures, by providing a structured plan that can include additional training, supervisions, role clarification, or a skills review. In 2018-19, there were 36 PIPs in place (an increase from 18 in 2017-18) and 20 were completed in the period.

[2] Currently approved fixed-term and casual employment registers can be viewed on the www.jobs.tas.gov.au website.

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