Public Sector Standards Commisioner - OPP Grievance Process Carpeted

CPSU have been in dispute with OPP about the way it conducted an internal review of a grievance application lodged by a CPSU member.

 

The dispute revolved around OPP s failure to accord our member 'Natural Justice' in the grievance review process and their failure to conduct the review in compliance with Public Sector Standards, which of course are legally binding.

As a way to resolve this matter, CPSU lodged with the Public Sector Standards Commissioner (PSSC), who promotes high standards of integrity and conduct in the Victorian Public Sector, a detailed complaint outlining our concerns with the way OPP conducted the review and a request for the matter to be thoroughly investigated by PSSC.

PSSC accepted our request and agreed to investigate the matter which included taking detailed submissions from the parties.

The Commissioner (PSSC) then provided a detailed report to both parties outlining his findings on completion of his investigation.

PSSC found serious concerns about the way OPP conducted the grievance review process.

The Commissioner made the following findings in his report:

- that the Grievance Registrar acted outside their role;
- the applicant was not given the opportunity to submit any further information other than what was contained in their initial application form;
- the applicant was not given an opportunity to respond to management's response;
- the reasons for the review officer s decision were not adequate;
- the review officer failed to give reasons for the decision or the information relied upon;
- the process followed gave the perception that there was a failure to make reasonable enquiries;
- OPP failed to adequately outline the grievance review process available to the applicant;
- there was a lack of transparency with regards the role of the grievance registrar, the review officer and the decision-maker;
- a conflict of interest could reasonably be perceived;
- the review officer failed to make an independent assessment of the grievance.

PSSC also made the following recommendations:

1. ‘That the OPP develop comprehensive policies and procedures for investigating grievances, which includes, a general outline of the grievance review process, the roles and responsibilities of a grievance registrar, review officer and decision-maker during a review and the information that needs to be included in reasons for decision. OPP may like to make reference to the State Services Authority's "Managing poor behaviour in the workplace guide" in drafting this policy .

2. ‘That the OPP conduct a fresh Regulation 6 review of ***** grievance of ***** as soon as possible, using an independent Review Officer, external to OPP. OPP may like to use one of the Review Officer's appointed to the SSA's Review Officers Panel .

CPSU is pleased to inform our members that the Solicitor for Public Prosecutions, Mr Graig Hyland, has adopted all the recommendations made by the PSSC.

CPSU believes that this change leads to a fairer internal grievance review process for all OPP employees into the future.

CPSU expects to hear shortly from OPP about their new comprehensive policies and procedures for investigating grievances.

If there are any issues you would like to discuss about this matter please contact CPSU Industrial Officer Andreas Ansorge by e-mail aansorge@cpsuvic.org or telephone (03) 9639 1822.

Please distribute this bulletin and ask your colleagues to join CPSU to have their voice heard and their views represented.

Our 7 day a week, 24 hours a day, 365 days a year industrial protection ensures you have the principal public sector organisation looking after your working rights, winning wage increases, protecting your conditions, and providing personal industrial assistance when you need it.

CPSU MEMBERSHIP IS PROTECTION FOR YOUR MOST IMPORTANT ASSET. YOUR JOB.

Speak to a colleague today about the benefits of CPSU membership and have them contribute to our successes rather than just enjoying the benefits.

CPSU - 125 in 2010.

When 1,000 colonial public servants crammed into the Athenaeum Hall in Collins Street on 17 June 1885 to form the Victorian Public Service Association they had no idea that we'd be still here and turning 125 this year.


TOGETHER WE DO BETTER!

http://www.cpsuvic.org/public_docs/Work-Can-Change-membership-flyer.pdf
http://www.cpsuvic.org/public_docs/memform.pdf


KAREN BATT
CPSU Victorian Branch Secretary

22 November 2010