Complaints, Misconduct and Unsatisfactory Performance – Teaching Service

Part 5 – Appeals, reviews and notifications to the Victorian Institute of Teaching

Notification to Victorian Institute of Teaching

In accordance with section 2.6.31 of the Education and Training Reform Act 2006, the Department will inform the Victorian Institute of Teaching (VIT) of the outcome of any action taken by the Department against a registered teacher (which includes employees in the principal class) in response to allegations of serious incompetence of the registered teacher, serious misconduct of the registered teacher or that the registered teacher is unfit to be a teacher or any other actions that may be relevant to the registered teacher's fitness to teach.

Merit Protection Boards

The Merit Protection Boards hear personal grievance applications made by employees in the teaching service in accordance with Part 5 of Ministerial Order 1038.

Personal grievance applications must be made within 14 days of notification of the decision.

Disciplinary Appeals Boards

The Disciplinary Appeals Boards hear appeals on action taken under Division 9A (Unsatisfactory Performance) and Division 10 of Part 2.4 (Misconduct) of the Education and Training Reform Act 2006.

A notice of appeal must be lodged with the senior chairperson of the Disciplinary Appeals Boards within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary.

Fair Work Commission

The unfair dismissal provisions of the Fair Work Act 2009 (Cth) provide an avenue for eligible persons to make a claim of unfair dismissal or unlawful termination of employment within 21 days of the date of termination.

Employees wishing to make a claim for unfair dismissal or unlawful termination of employment need to consider the relevant sections of the Fair Work Act 2009 and Fair Work Regulations 2009. There are 3 main types of applications. They involve a termination that was allegedly:

1. harsh, unjust or unreasonable (unfair dismissal)
2. in breach of discrimination provisions (unlawful termination), and, or
3. in breach of minimum notice provisions (unlawful termination)

Different eligibility criteria apply to each of the above (refer to Fair Work Commission).