TAFE SA reprimanded by Ombudsman SA after an executive returning from sick leave was made redundant
EMBATTLED TAFE SA has been reprimanded following an OmbudsmanSA investigation into its decision to sack a senior executive one day before he was due to return from sick leave. READ THE FULL REPORT
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EMBATTLED TAFE SA has been reprimanded after an OmbudsmanSA investigation into its decision to sack a senior executive just one day before he was due to return from sick leave.
The findings of Ombudsman Wayne Lines’ investigation, which was completed in June last year, were made public on Wednesday after TAFE SA failed in a legal bid to block the report’s release.
The Ombudsman launched an investigation when an unnamed senior TAFE SA executive lodged a complaint after he was made redundant.
The executive had been on sick leave since May, 2014 and was due to return to work on January 13, 2015.
However, on January 12, TAFE SA told the executive his position had become redundant and his employment contract was terminated.
It was alleged that neither members of the board nor the board itself keep records of its decision to terminate the applicant’s employment on the grounds of redundancy in late 2014/early 2015.
During the Ombudsman’s investigation, TAFE SA advised that “no minutes are kept of in camera discussions”.
“The agency has recently confirmed that it has no policy or known procedure for recording in camera components of board, or other committee, meetings,” the Ombudsman’s report read.
The Ombudsman found the TAFE SA Board was not a public authority for the purposes of the ICAC Act and there was not subject to a finding of misconduct or maladministration.
Further, it found that neither the Board chair or TAFE SA committed misconduct or maladministration in public administration.
However, the Ombudsman found that in failing to record decisions or deliberations relation to the termination of the senior executive’s employment, TAFE SA “acted in a manner that was wrong for the purposes of…the Ombudsman’s Act”.
He recommended that TAFE SA review its ‘Board of Directors Meeting Procedures and Protocols and Information Management – Creation and Capture of Official Records’ policy and include in the revised policy “a requirement that any decision or deliberation must be documented as a formal record as per relevant legislation.”
In a statement, TAFE SA said it had already adopted the recommendations in the report.
“The board responded to the Ombudsman’s investigation and report and maintains its position that it did not make the decision to terminate the executive,” it said.
“This decision was made by the previous Acting Chief Executive who had the authority to make it.”
READ THE OMBUDSMAN WAYNE LINES’ FULL REPORT
It comes after The Advertiser revealed earlier in January that TAFE SA spent $65 million in the past five years on golden handshakes to slash almost 600 staff.
The Auditor-General said 583 TAFE staff received targeted voluntary separation packages, since 2012-13.
It includes $3.9 million in redundancy payouts last year offered as part of a long-term cost-cutting scheme intended to reform the state training provider.
Figures released by TAFE, on request from The Advertiser, show the total number of its employees has fallen from 2822 to 2134, a 24 per cent reduction, over the past five years.
The latest ombudsman report adds to what has been a difficult six weeks for TAFE SA after a damning Australian Skills Quality Authority report found basic failings in some of its most popular courses.
Approximately 1300 students across 16 TAFE SA courses had their course work thrown into doubt after the audit revealed found courses weren’t up to scratch.
It also led to the resignation of TAFE SA chief executive Robin Murt, while Education Minister Susan Close sacked chairman Peter Vaughan.