Select a select a classification below to read more about lodging a grievance.
These Frequently Asked Questions cover some of the most common questions that come from employees of the teaching service.
For further information please refer to the Learn more about the Teaching Service grievance process section of this website.
What is a selection grievance?
A selection grievance is an appeal lodged in relation to transfer or promotion of another ongoing member of the teaching service. These can only be lodged by an ongoing member of the Victorian Department of Education teaching service, and can only be made against the provisional appointment or promotion of an ongoing member of the Victorian teaching service.
An ongoing VPS employee is to be treated as an employee of the teaching service for the purpose of lodging a selection grievance.
Can a selection grievance be lodged if no appointment is made to a position?
No, a selection grievance can only be lodged if a provisional appointment has been made.
What aspects of a teaching service selection can be appealed to the MPB?
The MPB’s powers to determine a selection grievance are specific and relate to alleged breaches of one or more of the following requirements on selection panels:
- The panel comprises at least three people, including an employee trained by the MPB in merit and equity principles, and it also makes provision for gender representation;
- All applicants receive fair and equitable treatment in respect to protected attributes (eg: age, race, gender, sexuality, religious belief, political belief);
- All applicants must be assessed against the selection criteria and qualification requirements for the position;
- Interviews should focus on the selection criteria;
- The panel should reach a unanimous or majority decision to recommend an applicant;
- All applicants deemed suitable must be ranked in order of merit and a compliant report summarising the selection process is completed.
In addition, the MPB has capacity to review a grievance that alleges the selection decision is manifestly inconsistent with the evidence of any of the following three elements:
- the nature of the vacant position;
- the school in which the vacancy occurs;
- qualifications and experience of the applicant lodging the grievance in comparison to the employee provisionally transferred or promoted.
The MPB does not have jurisdiction to consider any other breaches or grievances in relation to teaching service selection processes.
For more details:- Teaching Service - see Part 9 of Ministerial Order 1388
- Principals - see Part 7 of Ministerial Order 1006
- School Council Employees - see Part 5 of Ministerial Order 1389
What is a personal grievance?
Differing from a selection grievance, a personal grievance may arise as a result of any action taken within a Department work location which directly relates to an employee, directly affects their employment, and which the employee considers:
- is in breach of the Education and Training Reform Act 2006 or Ministerial Order 1388;
- infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary; or
- is otherwise unreasonable.
Examples include range reviews, temporary transfers and leave-related matters.
Who is eligible to lodge a grievance?
Teachers, principals, assistant principals, casual relief teachers and education support staff employed by the Victorian Department of Education, as well as school council employees in Department schools, may be able to lodge a grievance (selection or personal) in line with provisions of the applicable Act or Ministerial Order.
What are the time limits to lodge a grievance with the MPB?
There are set time limits for lodging a grievance claim. In the case of either a selection or personal grievance in the teaching service, the grievance must be lodged within 14 days of the action or decision, or notification of the action or decision, whichever is later.
What evidence should I submit to support my claim?
You should only lodge evidence that directly relates to your grievance. This includes a copy of any relevant emails, letters, minutes or other matters. Do not submit multiple copies of documents or material that is not directly relevant to your grievance.
Should I advise my principal that I intend to lodge a personal grievance or a selection decision for a position internal to the school?
There is no obligation for you to notify your principal if you wish to proceed with a grievance. However, on the basis of transparency, good communications and to potentially conduct an initial check on your concerns, you may wish to raise the matter with your principal before deciding on further action.
The decision on the right approach for you, and your circumstances, remains a personal one.
Should I try to resolve my issue locally with my principal (or region) before lodging a grievance?
You should first ensure you are aware of the time limits to lodge your grievance, and your capacity to meet these, before continuing any efforts to resolve the matter at the local level.
The lodgement deadlines are strict and apply from the moment the decision or action occurs, or the date you are notified of the decision or action you are appealing, whichever is the latter.
If you proceed with a grievance, this may be withdrawn at any time should you resolve it locally. Conciliation is encouraged and should occur where possible before resolution through arbitration.
What are ‘special circumstances’ with reference to late lodgement of a grievance?
The existence of special circumstances is to be determined by reference to all the circumstances of an individual case. It is not possible to give a full definition here.
Relevant factors taken into account include the period of the delay, the reason for the delay and whether the appellant has an arguable case. The Board will generally look for circumstances beyond the control of the appellant or which are highly unusual to justify a special circumstances application.
Can I have a someone with me at an MPB hearing?
Yes. The appellant and decision maker are both entitled to have someone accompany them. This may be an industrial representative (union or professional association) or a support person, but usually not both. It is not a requirement to have such support with you.
Legal representation is only allowed with the express permission of the Board.
Can I lodge a grievance about how someone else has been treated? Or if I feel something unfair has happened to someone else?
No, you must be the subject of the decision or action which is being appealed. You cannot lodge a grievance in relation to how you believe a third party has been treated, or into the outcome of a process against a third party.
For selection grievances, you must be an applicant for the position. For a personal grievance, the decision or action must directly relate to you or directly affect you in your employment.
How long does it take to resolve a grievance?
Each grievance will take a different length of time to resolve. Most grievances are resolved within days or a period of about three weeks, but more complex matters may take several months before an outcome is reached.
All attempts are made to conclude matters promptly, with any outcome binding on the parties.
Victorian Public Service
These Frequently Asked Questions cover queries that commonly arise from VPS staff. For further information please refer to the Learn more about the VPS grievance process section of this website.
What is a selection grievance?
A selection grievance in the VPS is a request for review of an action or decision relating to the proposed appointment, transfer or promotion to a public service position in the department.
An eligible employee is only entitled to have a Review of Action in relation to selection on the grounds of a significant deficiency in the selection process.
What is a personal grievance?
A personal grievance may arise from an action or decision relating to employment that does not relate to selection. Examples that could give rise to a personal grievance and be subject to an initial review of action include:
- victimisation
- discrimination
- bullying
- breach of Departmental guidelines, policies or procedures.
Who is eligible to request a Review of Action relating to a grievance in the VPS?
VPS employees (including Executive Officers) may lodge an application for Review of Action.
An employee is eligible to lodge an application for review of a selection decision in the Department if they are:
- a public service employee at the time of lodging the grievance
- eligible and qualified to apply for the position; and
- an applicant for the position (or would have been if the position was advertised in accordance with Departmental policies).
Ongoing teaching service employees and employees from other Victorian government departments or agencies are able to lodge an application for Review of Action regarding a selection decision.
In respect to personal grievances, an employee is eligible to lodge an application for a Review of Action if they were a public service employee, employed by the Department of Education, at the time that the action was taken.
What are the time limits to lodge a VPS Review of Action?
Strict time limits apply. These are:
- For a selection grievance, the grievance must be lodged within 7 calendar days of being notified of the action or outcome;
- For a personal grievance, the grievance must be lodged within 28 calendar days of being notified of the action or decision which is being appealed.
What evidence should I submit to support my claim?
You should only lodge evidence that directly relates to your grievance. This includes one copy of any relevant emails, letters, minutes or other matters. Do not submit multiple copies of documents or material that is not directly relevant to your grievance.
Should I tell my line manager that I intend to lodge a personal grievance or a selection decision for a position internal to my workplace
VPS selection grievance
There is no obligation for you to notify your line manager if you wish to proceed with a Review of Action relating to a selection grievance.
However, on the basis of transparency, good communications and the opportunity to gain feedback on your initial concerns, you may wish to first raise the matter with your line manager.
VPS personal grievance
In regard to a personal grievance, it is generally expected that an employee will have attempted to resolve the matter at the local level prior to requesting an initial Review of Action. Nothing prevents an employee from pursuing a grievance with an external body, including a court or tribunal.
Should I try and resolve my issue locally with my manager before lodging a grievance?
You should first ensure you are aware of the time limits to lodge your grievance, and your capacity to meet these, before continuing any efforts to resolve the matter at the local level.
It is expected that an employee will make initial attempts to resolve a personal grievance at the local level.
The lodgement deadlines are strict and apply from the moment the decision or action occurs, or the date you are notified of the decision or action you are appealing, whichever is the latter.
If you proceed with a grievance, it may be withdrawn at any time should you resolve it locally. Conciliation is encouraged and should occur where possible before resolution through arbitration.
What are “special circumstances” with reference to late lodgement of a grievance?
The existence of special circumstances is to be determined by reference to all the circumstances of an individual case. It is not possible to give a full definition here.
Relevant factors taken into account include the period of the delay, the reason for the delay and whether the appellant has an arguable case. The Board will generally look for circumstances beyond the control of the appellant or which are highly unusual to justify a special circumstances application.
Can I have a someone with me at a Review of Action hearing?
Yes. The appellant and decision maker are both entitled to have someone accompany them. This may be an industrial representative (union or professional association) or a support person, but usually not both. It is not a requirement to attend with such support.
Legal representation is only allowed with the express permission of the Senior Chairperson.
Can I lodge a grievance about how someone else has been treated or if I feel something unfair has happened to someone else?
No, you must be the subject of the decision or action which is being appealed. You cannot lodge a grievance in relation to how you believe a third party has been treated, or into the outcome of a process against a third party.
How long does it take to resolve a grievance?
Each grievance will take a different length of time to resolve. Most grievances are resolved within days or a period of about three weeks, but more complex matters may take several months before an outcome is reached.
All attempts are made to conclude matters promptly, with any outcome binding on the parties.
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