Inability or performance appeals
Appealable decisions are ones that:
- reduce the employee’s salary
- transfer the employee to perform other duties within the agency or in another agency
- don't have any inability outcome
- terminate employment.
Decisions that do not affect an employee’s usual remuneration can be reviewed by the Commissioner for Public Employment.
These decisions can include:
- formal cautions
- orders to undertake training, counselling or other remedial activities
- 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.
These are not subject to appeal, however, the employee affected may request the commissioner to review such decisions pursuant to section 59.
The appeal period is 14 days. This starts on the day written notice of the inability action is given to the person.
This same 14 day time frame applies to requests to the commissioner for s59 reviews of inability decisions.
Notice of an appeal must be given to the PSAB.
How to lodge
To lodge an disciplinary appeal follow these steps.
Step 1. Fill in the lodgement for inability or unsatisfactory performance appeal form .
You can also get this by calling PSAB 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 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 7 - employee performance and inability sections 44 to 48, sections 59A and 59C to 59F of the Public Sector Employment and Management Act and Regulations (PSEMA).
Last updated: 24 September 2021
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