Recruitment Standard
The Recruitment Standard applies when an agency fills a vacancy by recruiting, selecting, appointing, seconding and temporarily deploying (acting). It covers fixed term and permanent vacancies and temporary appointments. A claim cannot be made for all processes to fill vacancies.
A person can make a claim if they were an unsuccessful applicant and the role was:
- a vacant position (not filled from a recruitment pool, acting movement or transfer) that was longer than 12 months or advertised as possibly becoming permanent or being extended beyond 12 months
- an acting position to fill a temporary vacancy for more than 12 months or if it was advertised as possibly becoming permanent or being extended beyond 12 months
- a recruitment pool for which they were not successful.
A claim cannot be made if the decision relates to:
- a temporary move to a specific project at the same level with the same agency – employees can raise concerns through an agencies internal process
- a redeployment placement (for registered employees) as different rules apply (if a redeployee applies for a position outside of the redeployment process, a claim may be possible).
For notifiable employment decisions under the Recruitment Standard agencies must notify a person they can make a claim within a minimum of 4 working days.
Resources:
Transfer Standard
The Transfer Standard applies when an employee is permanently moved to another position at the same classification level in the public sector.
An employee can make a claim if they:
- are being transferred to another public sector position
- applied for a transfer through a formal transfer process (an invitation to apply for transfer) and they were unsuccessful.
The Transfer Standard does not apply to recruitment, selection and appointment processes involving advertising or limited search (these are covered by the Recruitment Standard).
Resources:
Grievance Resolution Standard
While the Grievance Resolution Standard does not define ‘grievance’, the term generally refers to a complaint or concern about a workplace matter, often involving interpersonal conflict, which the employee wants resolved.
An agency’s internal policies or procedures cannot override the Grievance Resolution Standard. The standard applies regardless of how an agency managed a matter.
If an agency undertakes additional processes as the result of a grievance (for example, a discipline or performance management process), these processes are subject to the relevant standards.
Where an agency has procedures to move a matter from an informal to a formal grievance process, the formal grievance process is the decision covered by the standard.
When an agency makes a decision about a grievance, including a decision to take no action, it must notify relevant employees that they have 10 working days to make a claim. This includes the employee who made the grievance and any employees who were the subject of the grievance.
Redeployment Standard
Employees can make a claim under the Redeployment Standard if they are redeployed together with their position.
There is no requirement to notify employees about decisions covered by the Redeployment Standard.
Employees who are registered as redeployees and placed in another position under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 cannot make a claim under the Redeployment Standard, as they are not redeployed with their position.
Employees who are transferred to another position at their substantive classification level may be able to make a claim under the Transfer Standard.
Discipline Standard
Claims cannot be made against the Discipline Standard as other legislation applies.
Other standards
While agencies are not required to notify employees of decisions under the Performance Management and Termination Standards, it is good practice to communicate the reasons for decisions to relevant parties. This helps those affected to understand the process and outcome.
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