TESL Balance Resolution

22-Jun-2018

 

As members will recall, since November 2016 ASMOF has been involved in a dispute with the Ministry of Health and HealthShare regarding the unilateral adjustments to TESL Balances. ASMOF raised concerns when members’ TESL balances were reduced without consultation.

We are pleased to announce that all part-time Staff Specialists in NSW who suffered a negative balance have received a resolution whereby their balance has been set to zero as at September 29, 2016. Consequently, they gain a positive balance, enabling them to take much needed TESL. Importantly, ASMOF could not promote maintaining above Award entitlements, however, we fought hard for our affected members to reach an equitable resolution.

Changes in balances occurred as Districts and Networks uploaded their TESL records to StaffLink, pursuant to the Training, Education and Study Leave (TESL) for Staff Specialists PD2015_043. It also separated out post-97 and pre-97 leave balances in StaffLink. ASMOF lodged a dispute with the NSW Industrial Relations Commission, and following the recommendations of Commissioner Murphy, set up a Working Group with the Ministry, HealthShare and Local Health District/Network representatives to resolve the matter.

The Working Group undertook a significant analysis of affected Staff Specialists data in each District/Network and identified several errors.

The overarching and significant issue was retrospective adjustments as a consequence of the change to a continuous accrual system. It identified that over several years, many part-time staff specialists received the full-time rate of accrual (25 days) instead of the pro rata rate. ASMOF understands those Districts to be HNELHD, SWSLHD, SLHD and SESLHD*.

Part-time staff specialists were unaware of the over accrual of days and, in good faith, continued to take leave subject to the provisions set out by the District/Network. This resulted in a significant negative balance following the adjustment on September 29, 2016. For some, they had negative balances close to -100 days.

Affected clinicians will be receiving letters from their District informing them of the dispute and what, if any, actions were taken to amend their balance. This is a significant win for our members, and staff specialists in NSW.

If you have any questions or have received your letter and would like further information, please contact Industrial Officer Damien Lee at your earliest convenience via damienl@asmof.org.au, or alternatively through the ASMOF Office on 9212 6900.

*Members from SESLHD should note that SMO Online Services continue to reflect a combination of Pre and Post-97 leave as a total balance. ASMOF advises SESLHD members to note their correct balance should be represented in StaffLink, which separates the balances under LA TES Leave and Pre-97 Leave