Employees can appeal disciplinary decisions by a chief executive officer (CEO).
Appealable decisions are ones that:
- reduce employee salary
- transfer employee to perform other duties within the agency or in another agency
- order a period of suspension without pay
- terminate employment.
Decisions that do not affect an employee’s usual remuneration can be reviewed by the Commissioner for Public Employment.
These are done as a grievance and can include decisions such as:
- formal cautions
- orders to undertake training, counselling or other remedial activities
- orders requiring the employee to forego a benefit or entitlement arising from employment
- an order to pay a fine of an amount not exceeding 10 days’ pay.
Read more about grievances.
The Public Sector Appeals and Grievance Reviews (PSAGR) unit can advise whether your matter is appealable, and how to appeal.
Appeal period is 14 days. It starts on the day written notice of the disciplinary action is given to the employee.
The same 14 day time frame also applies to requests to the commissioner for s59 reviews of disciplinary decisions which are not appealable to the Public Sector Appeals Board (PSAB).
Read below about what you need to lodge an appeal.
How to lodge
To lodge an disciplinary appeal follow these steps.
Step 1. Fill in the disciplinary appeal form DOCX (37.1 KB).
You can also get this by calling PSAGR on 08 8999 4129.
Step 2. Submit your form by email or mail.
Public Sector Appeals and Grievance Reviews
Office of the Commissioner for Public Employment
GPO Box 4371
Darwin NT 0801
Conduct of appeals
The board may conduct the appeal in any way it considers appropriate.
It is not bound by the rules of evidence or required to hold a hearing with the parties in person.
The board must conduct its appeals expeditiously and with as little formality and technicality as is reasonably practicable.
The board can:
- affirm the decision or
- vary the decision.
They may also set aside the decision and:
- return the matter to the relevant CEO for reconsideration
- replace it with the board’s decision.
After the appeal
The board usually reaches a decision on the day of the hearing.
Detailed written reasons for the decision are provided to all parties at a later date.
Read the legislation
Read part 8 discipline sections 49 to 54, sections 59A and 59C to 59F of the Public Sector Employment and Management Act and Regulations (PSEMA).