UPDATE: TESL Balance Reduction



As members are aware, ASMOF is involved in a dispute with HealthShare and the relevant Districts in relation to retrospective adjustments to TESL Balances.

Over the past two weeks, ASMOF met with representatives from HNELHD and SWSLHD.

During the meeting the Districts noted that they are aware of these changes, and have acknowledged that the adjustments have disadvantaged some Staff Specialists. However, they have not provided ASMOF with an acceptable resolution at this point in time.

Consequently, ASMOF has written to the Districts, and will be holding additional meetings with them next week to finalise a resolution.

Our position is simple.

Retrospective adjustments to TESL are unjust and unfair for the following reasons:
  1. Staff Specialists have made decisions on their personal and professional lives on the information that has been provided to them by the District
  2. Retrospective adjustments are punishing staff for taking TESL they believed they were entitled to at the time
  3. Staff who have gone into negative, or have seen a reduction in their leave, must re-accrue this entitlement prior to taking future leave
  4. In the alternative, the adjustments have forced staff to take other forms of leave for their training, education and study purposes.
ASMOF notes that Commissioner Murphy supports the view that retrospective adjustments unfairly disadvantage employees, and has stated that if an employer is providing an entitlement to an employee and then suddenly removes this, without consultation, there is a clear industrial dispute.

To avoid this matter escalating further, ASMOF requests Staff Specialists have their previous TESL balance restored that existed prior to the StaffLink update, and they continue to accrue at the pro-rata rate, as per the Staff Specialist Determination 2015 and the Training, Education and Study Leave Policy Directive PD2015_010.

We are advising all staff to contact us if you believe you have been affected by this review, and you haven’t contacted us previously. We can only secure an outcome for those members who have notified us of an error. We are also asking our members to have a discussion with non-members and let them know the situation, and that they should contact ASMOF as soon as possible.

In relation to individual matters across the other Districts, ASMOF will be meeting with HealthShare to discuss on a case-by-case basis. However, our position remains that in the absence of verifiable evidence that the amount currently listed in StaffLink is accurate, the amount that existed prior to the review should be honoured by the District and HealthShare.

In other news, all NSW Health Pathology organisations have finalised their review process. We are advising all staff to check their balances and make sure they are correct.

NSLHD is still finalising their review, however, we have had some reports that balances are returning to normal. ASMOF will update NSLHD members who are affected as soon as we have confirmation that the review has been completed.

If you have any questions, feel free to contact Industrial Officer Damien Lee via damienl@asmof.org.au, or call us at the ASMOF Office on 9212 6900.