TESL Balance Update



As members will be aware, ASMOF is has been meeting regularly with the Ministry of Health to address the retrospective adjustment of TESL balances.

The first meeting was on June 6 2017, to discuss Hunter New England Local Health District (‘HNELHD’). In addition, the parties have discussed Sydney Local Health District (‘SLHD’), Northern Sydney Local Health District (‘NSLHD’), South Western Sydney Local Health District (‘SWSLHD’), NSW Health Pathology (‘NSWHP’), Sydney Children’s Hospital Network (‘SCHN’), South Eastern Sydney Local Health District (‘SESLHD’), Nepean Blue Mountains Local Health District (‘NBMLHD’) and Central Coast Local Health District (‘CCLHD’).

HNELHD, SWSLHD and SLHD acknowledge historically they provided both full-time and part-time staff with the full 25-day amount of leave on their employment anniversary date. SESLHD has admitted that this has occurred in individual cases. Due to the complexity of the administrative errors, SESLHD requires further investigation from ASMOF and the Ministry.

On the contrary, for SCHN, CCLHD, NBMLHD and NSLHD, we have seen that historic practice of recording leave has always been pro rata, or adjusted at an appropriate time, and as a result, staff have not been affected by the retrospective adjustments in the same way as other Districts. We will be contacting individual members affected.

ASMOF is reporting back to the NSW Industrial Relations Commission on Monday 28 August 2017. ASMOF notes that the intent is to discuss with Commissioner Murphy the process up to this point, and highlight the remaining work required between ASMOF and the Ministry prior to developing a resolution.

The Working Group continues to meet, with a focus on SESLHD, remaining members who have suffered a detriment, and developing a resolution over the next month.

ASMOF will continue to outline our core position that for the genuinely affected consultants, all TESL balances prior to the review are reloaded, staff are consulted accordingly, and that all changes and agreements focus on prospective governance, and do not include unjust and unfair retrospective adjustments. 

A reminder to consultants that at ASMOF’s request, the Ministry have noted: 
“Staff Specialists who have an apparent negative balance; and/or who have taken other types of leave for training, education of study purposes since balances have been displayed in StaffLink from 2016 and/or whose planning to use TESL in the near future is affected by disagreement about balances; will be addressed first in the process. Appropriate consideration will be made to overcome actual or potential detriment to the specific Staff Specialists in these circumstances”.

We will update you as this progresses.

If you have been affected by this in any form, please contact Industrial Officer Damien Lee at your earliest convenience via damienl@asmof.org.au, or alternatively through the ASMOF Office on 9212 6900