Redundancy in the Australian Public Service — Some Critical Reflections

2013 ◽  
Vol 41 (3) ◽  
pp. 525-555
Author(s):  
Cameron Roles
Keyword(s):  
Public Service ◽  
The Public ◽  
Individual Agency ◽  
Collective Agreements ◽  
Unfair Dismissal ◽  
The Law ◽  
The Individual ◽  
Critical Reflections

This article critically examines the law concerning dismissal on grounds of redundancy as it applies to the Australian Public Service (‘APS’). Such an examination is timely, given the newly elected Coalition government's stated intention to reduce the APS by 12 000 employees through natural attrition. The article argues that a reduction of 12 000 employees through natural attrition alone is unlikely, and that redundancies are almost inevitable. Against this backdrop, the article considers recent legislative developments concerning dismissal on grounds of redundancy. Its focus is the genuine redundancy exclusion contained in s 389 of the Fair Work Act 2009 (Cth) (‘FW Act’) and its application to APS employment. The genuine redundancy exclusion precludes unfair dismissal claims if the redundancy is genuine, the employer complies with any consultation obligations in a modern award or enterprise agreement and it would not have been reasonable in all the circumstances to redeploy the affected employee within the employer's enterprise or that of an associated entity. The article argues that, prior to the FW Act, redundancy obligations were predominantly dealt with in collective agreements, and did not require consultations or redeployment of redundant employees beyond the individual agency. However the FW Act fundamentally changed the law in this area. The article contends that a failure to comply with consultation obligations in an agency enterprise agreement will increase the prospects of a dismissal being found to be unfair. In the APS this is problematic, given the convoluted nature of many consultation clauses in enterprise agreements. The article also argues that the redeployment obligations in s 389(2) are extremely broad and, contrary to past practice under the Public Service Act 1999 (Cth) (‘PS Act’), encompass redeployment across the APS. The obligation to redeploy across the APS creates tensions in the law between the provisions of the FW Act and the devolution of managerial powers under the PS Act.

Public Service Motivation in Buffy the Vampire Slayer

Public Voices ◽  
2016 ◽  
Vol 12 (1) ◽  
pp. 67 ◽  
Author(s):  
Sharon Mastracci
Keyword(s):  
Popular Culture ◽  
Public Service ◽  
Public Service Motivation ◽  
Public Servants ◽  
Buffy The Vampire Slayer ◽  
The Public ◽  
American Popular Culture ◽  
Public Servant ◽  
Definition Of ◽  
The Individual

In this paper, the author examines public service as depicted in the television series Buffy the Vampire Slayer (BtVS). First, she shows how slaying meets the economist’s definition of a public good, using the BtVS episode “Flooded” (6.04). Second, she discusses public service motivation (PSM) to determine whether or not Buffy, a public servant, operates from a public service ethic. Relying on established measures and evidence from shooting scripts and episode transcripts, the author concludes Buffy is a public servant motivated by a public service ethic. In this way, BtVS informs scholarship on public service by broadening the concept of PSM beyond the public sector; prompting one to wonder whether it is located in a sector, an occupation, or in the individual. These conclusions allow the author to situate Buffy alongside other idealized public servants in American popular culture.

Introduction

2021 ◽  
pp. 1-22
Author(s):  
Peter Leisink ◽  
Lotte B. Andersen ◽  
Gene A. Brewer ◽  
Christian B. Jacobsen ◽  
Eva Knies ◽  
...  
Keyword(s):  
Public Service ◽  
Public Management ◽  
Multidisciplinary Approach ◽  
Service Performance ◽  
Public Employees ◽  
Institutional Perspective ◽  
Impact Performance ◽  
The Public ◽  
Management Leadership ◽  
The Individual

This chapter introduces the overall question that is central to this volume: How does management make a meaningful contribution to public service performance? A summary review of our knowledge of the concepts and relationships that feature in this overall question is provided. Describing the gaps in our knowledge, the chapter explains the approach taken by this volume in order to generate fresh insights. Thus, noting that what constitutes performance is dependent on the institutional context, the public values, and different stakeholders that emphasize some rather than other aspects of public service performance, the chapter introduces the institutional perspective. Signaling parallel lines of research with some centering management systems and others managers’ leadership, the chapter explains the multidisciplinary approach which combines the insights from public management, leadership, human resource management, and work and organization psychology to gain a better understanding of what managers do to impact performance. In addition, this multidisciplinary approach provides insight into how public employees’ attitudes and behaviors contribute to job and organization performance. The chapter concludes by presenting the conceptual model underlying the volume and explains the focus of the individual chapters and their contribution to answering the volume’s overall question.

Should Research Ethics Committees Be Observing the Law or Working by Ethical Principles?

2005 ◽  
Vol 1 (1) ◽  
pp. 23-26 ◽  
Author(s):  
Charles Warlow
Keyword(s):  
Clinical Research ◽  
Research Ethics ◽  
Public Interest ◽  
Ethics Committees ◽  
Unintended Consequences ◽  
Research Ethics Committees ◽  
Individual Interest ◽  
The Public ◽  
The Law ◽  
The Individual

Recent laws, and their interpretation, have made clinical research more difficult to do, and sometimes impossible. Furthermore the results of that research which can be done may even be unreliable. This is certainly against the public interest, and indeed the individual patient interest as well. But ethics committees have to abide by the law and so even though it is surely unethical to work against the public and individual interest that is exactly what ethics committees now have to endorse. The unintended consequences of the new regulations must be reduced by amending the law.

scholarly journals KETERBUKAAN INFORMASI PUBLIK DALAM PEMERINTAHAN TERBUKA MENUJU TATA PEMERINTAHAN YANG BAIK

2012 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Nunuk Febriananingsih
Keyword(s):  
Public Service ◽  
Government Regulation ◽  
Good Governance ◽  
Freedom Of Information ◽  
Human Right ◽  
The Public ◽  
Governmental Agencies ◽  
Access Information ◽  
The Law ◽  
The Government

<p>Kebebasan informasi merupakan hak asasi yang fundamental. Pengalaman selama ini menunjukkan bahwa informasi lembaga pemerintah dan non pemerintah dianggap sulit dijangkau masyarakat. Permasalahan yang diangkat dalam tulisan ini adalah bagaimana kesiapan lembaga-lembaga pemerintah dalam mengimplementasikan UU KIP dalam upaya mewujudkan tata pemerintahan yang baik. Dengan menggunakan metode penelitian hukum normatif diketahui bahwa Undang-Undang Nomor 14 Tahun 2008 tentang Keterbukaan Informasi Publik memberi jaminan kepada masyarakat untuk mengakses informasi dari badan publik, meskipun lembaga pemerintah belum siap mengimplementasikan UU KIP. Hal ini terlihat dari belum tersedianya informasi terkait dengan urusan tata kepemerintahan seperti kebijakan publik dan pelayanan publik. Untuk itu Pemerintah perlu segera mengimplementasikan UU KIP sesuai dengan yang diamanatkan oleh PP Nomor 61 Tahun 2010 tentang pelaksanaan UU KIP.</p><p>Freedom of information is a fundamental human right. Past experience shows that information and non-governmental agencies are considered hard to reach communities. Issues raised in this paper is how the readiness of government agencies in implementing the law is in an effort to realize good governance. By using the method of normative legal research note that the Act No. 14 of 2008 concerning Freedom of Information gives assurance to the public to access information from public bodies, although the government agency implementing the law is not yet ready. This is evident from the unavailability of information relating to the affairs of governance such as public policy and public service. For the Government should immediately implement in accordance with the law is mandated by the Government Regulation Number 61 Year 2010 concerning the implementation of the law is.</p>

scholarly journals IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

2019 ◽  
pp. 5-14
Author(s):  
Peter Chvosta
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The Public ◽  
Legal Provisions ◽  
Public Rights ◽  
Administrative Act ◽  
The Law ◽  
Administrative Jurisdiction ◽  
The Individual ◽  
Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

scholarly journals Private Tastes and Public Desires: Exploring the Perspectives and Practices of Private Collectors who Share their Collections Publicly

2021 ◽  
Author(s):  
◽  
Kiri Griffin
Keyword(s):  
Cultural Heritage ◽  
Observational Data ◽  
Public Institutions ◽  
Publicly Funded ◽  
The Public ◽  
Individual Agency ◽  
Evaluative Judgments ◽  
The Individual ◽  
Heritage Collections ◽  
Valuable Service

<p>Private collectors who share their collections publicly provide a valuable service to the public. They collect and provide access to cultural heritage materials just as public institutions such as museums and galleries within the heritage sector do. While there is a wealth of literature that discusses the significance of publicly funded heritage institutions to the heritage sector there is an absence of literature that explores the private collector’s relationship to the heritage sector from their perspective. Literature on private collectors has tended to privilege the perspectives of publicly funded heritage institutions, affirming these institutions as the best place for the care and access to heritage collections. None of this literature or research has considered the private collector’s perspective as a means to better understand their collecting activities or their position in relation to the heritage sector. This thesis places the private collector at the centre of enquiry. It explores the private collector’s position in relation to the heritage sector through examining their perceptions and collecting practices relative to publicly funded heritage institutions. Audiovisual interviews were conducted with eight private collectors to achieve this aim. Verbal and observational data captured through this method was analyzed and considered in relation to existing literature regarding the values and practices of public heritage institutions, as well as sociological theories of agency. Findings showed that there is a shared ethos between the private collector and the publicly funded heritage institution. This ethos is founded on common values and collecting practices. Findings also reveal that the individual agency of the private collector offers them autonomy in their collecting activities. This autonomy causes them to enact their collecting practices in accordance with their own subjective tastes. These tastes distinguish the private collector and their collecting practices from publicly funded heritage institutions and assist in identifying the private collector’s position in relation to the heritage sector. This research contributes to a canon of international and national research into private collectors and evaluative judgments regarding collecting. It enhances the publicly funded heritage institutions potential to collaborate with private collectors through providing a deeper understanding of their perspectives and practices.</p>

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

Innovative Behavior in Public Sector Services Public Service Motivation and Private Sector Experience

2020 ◽  
Vol 35 (3) ◽  
pp. 67-86
Author(s):  
Jonghwan Eun
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Public Service ◽  
Public Organizations ◽  
Public Service Motivation ◽  
Innovative Behavior ◽  
Public And Private ◽  
Individual Level ◽  
The Public ◽  
The Individual

The demand for innovation in public organizations is increasing. In this study, I explore factors that contribute to the innovative behavior of civil servants at the individual level. The theoretical distinction between public and private organizations has long been a subject of debate, and certain characteristics of innovation in public organizations mimic innovation in the private sector, even though the purpose of innovation in public organizations is to secure public goods. In order to examine the innovative behavior of public employees who face such contradictory circumstances, I parameterized the characteristics of each sector, using whether or not the employee had worked in the private sector prior to entering the public service as the characteristic for the private sector and the effect of public service motivation on innovative behavior as the characteristic for the public sector and found that at the individual level, the two are not mutually exclusive.

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