education.vic.gov.au

Human resources

Complaints, Misconduct and Unsatisfactory Performance — Teaching Service

Overview

The Department is committed to a high performing workforce and to providing safe and supportive work environments where excellence is pursued, underperformance is managed, diversity is valued and everyone is treated with respect, fairness and dignity. Discrimination, sexual and other forms of harassment, bullying, violence and threatening behaviour are unacceptable.

Every day, principals and managers may deal with a range of challenges such as workplace conflict, grievances, and policy issues. These matters are dealt with in accordance with the needs and requirements of the particular workplace, taking into account the Department of Education and Training (the Department) policy and best practice. The Department has developed comprehensive guidelines to assist with managing complaints, misconduct and unsatisfactory performance involving employees. The guidelines are not intended to regulate the day-to-day management of ordinary workplace issues and challenges.

A positive workplace climate, including recognition that misconduct and unsatisfactory performance will be dealt with promptly and fairly and within the context of an improvement focused set of procedures, is an integral component of a healthy, successful and fulfilling working environment. It is therefore incumbent on a manager to act where a complaint, unsatisfactory performance or misconduct involving an employee is observed or brought to his or her attention, whether or not a formal complaint has been lodged.

In determining the appropriate action the principal or manager, subject to satisfying any legal or policy requirements, should use his or her professional judgement to decide whether the matter should be dealt with as a complaint, misconduct or unsatisfactory performance.

Where the matter involves alleged serious misconduct, unsatisfactory performance or sexual harassment the Employee Conduct Branch must be contacted for advice regarding the appropriate course of action.

Advice is also available in relation to the managing of complaints.

Detailed information regarding the handling of complaints, misconduct and unsatisfactory performance is available under the Policy and Guidelines tab.

Relevant legislation

Overview of managing complaints, misconduct and unsatisfactory performance in the teaching service

Reviewed 11 March 2021

Policy last updated

15 June 2020

Scope

  • Schools
  • All Department staff

Contact

Employee Conduct Branch

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