General Assistants newsletter

SASS General Assistants in schools – March 2016 (PDF version)

All General Assistants in schools are provided this update on a number of matters the PSA is currently handling.

Unfair dismissal update

The PSA has previously reported on a General Assistant subject to an unfair and unsupportive performance improvement program. At the end of the formal support program, the General Assistant was assigned to alternate duties while the process ran its course.

The Department then dismissed the General Assistant. The PSA has been running an unfair-dismissal claim against the Department, which started with a conciliation hearing in front of the NSW Industrial Relations Commission. The Department refused to budge on the decision to sack the General Assistant despite the facts that were presented by the PSA before the Commissioner.

The PSA continues to say that there was no support given to our member and claims the majority of the work that our member was being measured against is outside the statement of duties for General Assistants. The union also believes the Department failed to follow its own policy and the Procedures for Managing School Based Non-Teaching Staff Identified as having Performance Difficulties.

As the Conciliation Hearing failed to budge the Department to rehire the General Assistant, the PSA referred the matter to its lawyers to run an Arbitrated Hearing. If successful at the Arbitration Hearing, the General Assistant will be re-employed and back-paid lost wages.

Potential disability discrimination

The PSA has also been supporting a General Assistant with a disability who has been placed on a formal support program on efficiency grounds. The General Assistant has been employed long-term by the Department and at all stages has notified his Principal of his disability and health issues as they arose.

On commencing the formal performance improvement program, the PSA again alerted the Principal to our member’s disability. The PSA in supporting this member has come to the conclusion via advice from the Principal that a decision on this General Assistant has been pre-determined prior to the performance improvement programs completion.

The General Assistant was frantic at the prospect of losing his job and asked the PSA to seek the urgent personal intervention of the Department of Education’s Secretary, Dr Michele Bruniges.

Dr Bruniges is the Disability Champion for the Department of Education. Dr Bruniges advertises the Department’s commitment to providing workers with disabilities gainful and satisfying mainstream employment in the Department.

Unfair performance management program

The PSA was approached to support another General Assistant member who is shared over two schools. Both Principals simultaneously decided this General Assistant had performance and efficiency issues.

At the initial meeting between the two Principals, the General Assistant and the PSA – it became apparent the General Assistant was confused by the complexity of two Principals managing in tandem two performance improvement programs at the same time.

The PSA is currently considering how best to support this member as this is an issue which has never been presented before. At all stages, the wishes of the affected member will form part of the PSA’s support mechanism.

PSA advice to General Assistants being performance managed

The above three individual issues all arise from Principals applying the Procedures for Managing School Based Non-Teaching Staff Identified as having Performance Difficulties on General Assistants. The PSA has a number of various concerns in how these processes are managed. Some Principals do not even provide these procedures to General Assistants from the start.

General Assistants are reminded breaches of the Code of Conduct and concerns relating to efficiency and performance are the right of the Department to address.

However, the Department has an obligation to ensure fair, transparent and harassment free performance improvement programs which are truly supportive and aim to improve perceived performance issues.

If you are given a letter regarding your performance take it seriously and contact the PSA for advice.

As each performance improvement plan is based on different individual circumstances, it is vital that any correspondence issued is retained for the PSA’s consideration. This will help to develop a tailored support plan for the member.

General Assistants can access the Procedures for Managing School Based Non-Teaching Staff Identified as having Performance Difficulties from the Department’s intranet.