Complaint about final entitlements

A former APS employee made a complaint to the Merit Protection Commissioner about their final entitlements on separation from the APS. In the complaint, they referred to an overpayment that their former agency had advised was related to their separation from the APS. They complained about not receiving an adequate explanation from the agency about the overpayment. The MPC accepted the complaint for investigation. However, despite the former employee being asked by the MPC to provide further particulars about their circumstances, they failed to do so.

In this instance, the Merit Protection Commissioner made enquiries with the former agency and was told that the overpayment arose because the employee had inadvertently continued to receive salary for a period of time after leaving the APS, as the relevant exit notice had not been completed. The Agency provided evidence about the employee’s circumstances and leave entitlements, and advised that the former employee had rectified the overpayment.

Complaints that may be investigated by the Merit Protection Commissioner about former employee entitlements on separation include, for example, a complaint that concerns a mistake in the calculation of the former employee’s entitlements on separation from the APS relating to the amount of leave to be paid out. The entitlement is directed at the question, "did I receive my correct entitlements when I left the APS?" The entitlement does not provide scope to investigate complaints such as where a former employee is unhappy with a lack of communication from their former agency.

In this case the Merit Protection Commissioner was of the view there was no mistake in the calculation of the former employee’s entitlements on separation from the APS and recommended to the Agency that it uphold its decision about the former employee’s entitlements on separation.