A grievance is a formal complaint or concern raised by an employee towards an employer in their workplace. We operate in a manner that is consistent with the Directive. This person should not be anyone who has a formal conciliation role under these procedures. victimised for lodging a complaint or being involved in a grievance process under these procedures. These procedures, founded on the principles of natural justice and procedural fairness, support the University's commitment to eliminating unlawful discrimination, workplace bullying and victimisation in the University environment. 4.4The equity contact may act in an ongoing supporting role in the resolution of the grievance if requested to do so by the complainant. Grievances may arise from a range of issues concerning the management of workers such as: If you have a grievance or complaint familiarise yourself with your companys Grievance and Complaint Resolution Procedure. Why Have a Grievances Policy? Maintain the right to be supported by a person of their choice and be represented by a union representative or member of a professional association. A grievance is any problem or disagreement done, or not done, by an employee/employees or by the management, which affects you unjustly or unfairly. 5. Complaints/grievances should be dealt with within a reasonable timeframe; Neither party should be subject to victimisation; Support should be available to all parties to the complaint/grievance; Appropriate communication should occur throughout the process; Appropriate documentation will be maintained; Confidentiality must be maintained; and ensure appropriate confidential records are kept about complaints and that this information is stored and managed appropriately. not to continue with the internal procedures and take their grievance to an appropriate external agency. State and federal legislation also provide that the University may be found vicariously liable for the unlawful discrimination/sexual harassment/workplace bullying of others by its agents. Unlawful discrimination means treating an individual and/or group in employment and education less favourably because of one of the grounds specified in the relevant legislation. A workplace grievance is a complaint raised towards an employer by an employee due to a violation of legalities (e.g. UniSA respectfully acknowledges the Kaurna, Boandik and Barngarla First Nations Peoples and their Elders past and present, who are the First Nations Traditional Owners of the lands that are now home to our campuses in Adelaide, Mount Gambier and Whyalla. a) facilitate communication between the complainant and the respondent, b) conduct investigation and conciliation processes in accord with these procedures, c) attempt to achieve a workable resolution that is mutually agreed by the parties involved, d) provide information on alternative options if the grievance remains unresolved. The following legislation provides the basis for the development of these procedures. We engage early and work together to find mutually acceptable solutions to resolve issues quickly. The intention and purpose of the conciliation process will be emphasised. Our Dealing with complaints policy means our educators, management, co-ordinators, other staff, families / carers and the community can be confident that complaints and grievances are taken seriously and addressed effectively. William, 41, became the Duke of Cornwall . 5.1The purpose of conciliation is to resolve the grievance, not to seek retribution. P. rivacy and confidentiality - only people directly involved in the grievance, or in managing it can have access to information about the grievance. Maintain a register of internal complaints. Age discrimination means unfair treatment of a person on the basis of their age or age group. an arbitrated or adjudicated outcome, where an independent arbitrator or court decides how the dispute should be resolved and makes a binding decision or order to that effect. The evidence may not be conclusive, but it should be able to determine whether the allegation is true on the balance of probability. Grievance Policy 1 Version 3.3, September 2020 1.0 INTRODUCTION 1.1. This Policy applies to: all Discrimination, Bullying and Harassment concerns and Complaints raised against Employees (including honorary, visiting and adjunct appointments) by any individual (including Students) involved in University related activities. 12.7If no resolution occurs, the complainant in discussion with the Executive Director: People, Talent and Culture may choose one of the following options: 13.1At this stage, the complainant is required to detail the nature of the grievance in writing. Documents about the individual grievance are stored in a confidential file only the DECS or the Information Commissioner can access as appropriate. Prince William received a private income of just under 6 million (A$11,434,000) this year, according to the Duchy of Cornwall's 2023 annual report. Allegations of corrupt conduct of the Information Commissioner will be dealt with in accordance with section 48A of the Crime and Corruption Act 2001. It is recommended that the respondent is provided with the opportunity to comment on any proposed decision and outcome before a final decision is made. 9.6The complainant may decide not to continue with a grievance at any stage of the informal or formal process. Grievances may arise from a range of issues concerning the management of workers such as: mental health. Part of the process that enables the complainant and the respondent to discuss fully all issues relating to the grievance and, if possible, reach resolution of the grievance through negotiation. Act and make decisions in a way that is compatible with human rights, and when making a decision under this directive, to give proper consideration to human rights. Grievance procedure principles. 7.4In the interests of natural justice the respondent should be allowed reasonable time to provide a considered response to the allegation. In this event, the complainant will be required to detail the intention in writing to the conciliator. 8.1The purpose of conciliation is to resolve the grievance, not seek retribution. whether an external party was engaged to investigate, mediate or take other action. Those involved in cases of unlawful discrimination/sexual harassment/workplace bullying should take note that, State and federal legislation provide that the University can be found vicariously liable for the unlawful discrimination/sexual harassment/workplace bullying of others by its employees. Overview. advise the respondent that a complaint has been made against him or her and provide as much information as possible about the allegations and supporting information (where applicable), confirm that he or she will be given the opportunity to respond to the allegations in writing or through an interview, provide information about the complaint process, potential outcomes and options for assistance/support, explain what records of the complaints will be kept, for how long and where. We will take all necessary action to maintain the confidentiality of all parties when dealing with an employee grievance. The Acas Code of Practice on Disciplinary and Grievance Procedures simplified the much criticised Statutory Dispute Procedures. Good practice guidelines for internal complaint processes, Copyright Australian Human Rights Commission, Aboriginal and Torres Strait Islander Social Justice, Good practice guidelines for internal complaint processes (PDF), Good practice guidelines for internal complaint processes (Word), identify ways to improve workplace practices and policies, improve staff morale, productivity and retention. This policy outlines the process for submitting, managing and resolving employee grievances. By-laws made under the University of South Australia Act 1990. a) it is not defamatory for a complainant to approach a respondent in private or to send them a letter that is marked confidential outlining the grievance, b) defamation action could arise when the complainant communicates the grievance to anyone other than the respondent and anyone other than those who have a legitimate role in the resolution process, and. The conciliator will also obtain the respondent's version of the event(s). 10.1Record of conciliation processA confidential file will be created and maintained by the conciliator to provide a record of the grievance and subsequent action. Note: The role of equity contacts is to provide advice on options and the processes involved,notto investigate grievances. Applicable to: This Policy is applicable to WA health system entities as defined in this Policy. About Us Policy and Legislation Matters dealt with by the Department Budget policy advice and process, and review of governmental programmes Government financial accountability, efficiency, governance and financial management frameworks, including grants and procurement policy and services The conciliator will convey the complainant's concerns and reiterate the University's Equal Opportunity Policy and other relevant policies and codes without assessing the merits of the case. This approach may be useful where: In some situations the impartial third person may need to be someone external to the organisation, such as a professional mediator. In the event that unlawful discrimination/ workplace bullying is experienced in these circumstances the University will act as far as possible to protect the complainant, and will work jointly with the other organisation (and in accord with these procedures, if deemed appropriate) to investigate the grievance and take such precautions as are possible to prevent recurrence. Actions that can be taken by the complainant may include. discriminated against or harassed on the grounds of sex, marital status, pregnancy, family responsibilities, sexuality, race, disability, political or religious belief, or age. Under the Disability Discrimination Act 1992, disability means: the total or partial loss of a person's bodily or mental functions; or total or partial loss of a part of the body; or the presence in the body of organisms causing disease or illness; or the presence in the body of organisms capable of causing disease or illness; or the malfunction, malformation or disfigurement of a part of a person's body; or a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or a disorder, illness, or disease that affects a person's thought processes, perception of reality, emotions or judgement, or that results in disturbed behaviour; and includes a disability that: presently exists; or previously existed but no longer exists; or may exist in the future; or is imputed to a person. Approved: Council 7 April 1997 (Resolution 97/2/21)Revised Procedures approved by Council 18 May 2004, 11 October 1999 (Manager: Equity and Diversity), 1 August 2005 (Director: Human Resources), 11 October 2005 (Director: Human Resources), 18 August 2006 (Director: Human Resources), 17 March 2008 (Director: Human Resources), 6 April 2020 (Executive Director: People, Talent and Culture), Reference Authority:Executive Director: People, Talent and Culture. In this policy, such matters are called "Reportable Matters". May 02, 2023 What is a dispute? 14.5If after consideration the Vice Chancellor believes the grievance is not substantiated but has been made in good faith then the matter will be closed. May 02, 2023 How to handle employee grievances and disputes These procedures do not cover grievances relating to a performance issue, misconduct or fraud related incidents. 2 Scope This Procedure applies to all Employees. 2.4In instances where a manager/supervisor is made aware by a third party that unlawful discrimination/sexual harassment/workplace bullying may be occurring in their area of responsibility they should observe and monitor the area and/or seek further advice from the People, Talent and Culture Unit. In this event, the complainant may request that the conciliator approach the respondent on their behalf. The Executive Director: People, Talent and Culture will inform both parties of the outcome of this request. Refers to a range of duty to care or support responsibilities an individual may have as a member of a family. This Policy supersedes OD 0452/13 WA Health Employee Grievance Resolution Policy. Employees should review the clause 5 and 6 of the Directive to ensure that their matter is not excluded in this action. What is a Workplace Grievance? The Office of the Information Commissioner (OIC) discharges its statutory obligations under sections 53 and 218A of the Public Service Act 2008 (PSA). It may be about an act, behaviour, omission, situation or decision which the employee believes to be unfair or contrary to existing CSNSW policy or procedures. It is a less demanding standard of proof than the criminal law testbeyond reasonable doubt. 13.5The respondent will be advised of the: 13.6The conciliator will consult with the respondent regarding their response to the grievance. 9. Matters that can and cannot be dealt with as an individual employee grievance are detailed in clauses 5.1 and 6.1 of the Directive. National Arbitration Tribunal Regulations. If victimisation is confirmed the matter will be referred to the Vice Chancellor with the recommendation that action is taken in accordance with the relevant University disciplinary procedures or statutes. These procedures apply to grievances from staff of unlawful discrimination /workplace bullying in relation to undertaking work activity for the University. a direct private discussion between the complainant and the respondent, an impartial third person conveying information between those involved. The information contained in these documents may be amended from time to time. Putting a grievance policy in place is the first step to implementing an effective grievances procedure. c) investigators/conciliators, equity contacts or others involved in the resolution process should act within their role and in accordance with the University's procedures to be protected by the defence of qualified privilege. b. University of South Australia Equal Opportunity Policy, University of South Australia Sexual Harassment Policy, University of South Australia Anti-Racism Policy, University of South Australia Inclusive Language Policy, University of South Australia Health Safety and Injury Management Policy, University of South Australia Acceptable Use of Information Technology Facilities Policy, University of South Australia Code of Ethical Conduct, Commonwealth Racial Discrimination Act 1975, Commonwealth Australian Human Rights and Equal Opportunity Commission Act 1986, Commonwealth Disability Discrimination Act 1992, Commonwealth Workplace Gender Equality Act 2012, South Australian Equal Opportunity Act 1984, South Australian Work Health and Safety Act 2012, South Australian Whistleblowers Protection Act 1993, Enhancing Whistleblower Protections Act 2019, South Australian Work Health and Safety Regulations 2012, South Australian Racial Vilification Act 1996, prevent victimisation or defamation of the parties involved. regularly consult with workers and health and safety representatives to uncover if bullying or inappropriate behaviour is occurring or if there are factors likely to increase the risk of workplace bullying or inappropriate behaviour, set the standard of workplace behaviour, for example through a, design safe systems of work by clearly defining jobs and providing workers with the resources, information and training they need to carry out their work safely, implement workplace bullying reporting and response procedures such as a, develop productive and respectful workplace relationships through good management practices and effective communication, provide information and training on workplace policies and procedures, available support and assistance, and how to prevent and respond to workplace bullying and inappropriate behaviour, ensure workers and managers understand the consequences (disciplinary or other) of disregarding policies and safe work practices with regard to psychological hazards. National Dispute Resolution Chamber Regulations. 14.4If the Vice Chancellor determines the grievance is substantiated then the Vice Chancellor will act in accord with the following. Trained advisors who are available throughout the University to provide information about options for resolving issues relating to unlawful discrimination/sexual harassment/workplace bullying. Conciliation seeks to ensure that there is no recurrence of the behaviour that gave rise to the grievance, and that no victimisation occurs. 1.5All staff must refrain from victimisation of any person associated with a grievance. If there is disagreement about what happened, the complaint officer should consider whether there is other information that will help to determine what happened. 13.13If conciliation is not achieved, and the Executive Director: People, Talent and Culture believes that on the balance of probability the grievance is substantiated and warrants disciplinary action then with the consent of the complainant the matter will be referred to the Vice Chancellor requesting that disciplinary procedures be invoked. Support provided by an equity contact may involve. Any investigation will be based on the principles of natural justice. In these procedures, the term 'agent' is deemed to mean. 5.3The University will maintain a number of specially trained conciliators who will assist in the informal and formal resolutions of unlawful discrimination/sexual harassment/workplace bullying through investigation and conciliation. They are not responsible for investigating grievances. principles of natural justice will guide the application of this procedure. The University'sDiscrimination and Harassment Grievance Procedures (Staff)will be monitored, reviewed and revised as necessary. The term 'race' is understood to be flexible and evolving. A grievance is a violation of the employee's rights on the job - whether under the collective agreement or under legislation. Our policy Complaints about the Information Commissioner: Section 48A of the Crime and Corruption Act 2001 sets out how we will deal with a complaint that alleges corrupt conduct of the Information Commissioner. Whether you are an employer or employee, you should know your rights and obligations in the Fair Work Act 2009 . continue with the internal process and proceed to, continue with the internal process but go straight to. National Anti-Doping Policy. members of Red Cross. These characteristics include sex, age, race, sexuality, disability, pregnancy, or marital status. policies, employment contract, national standards). The DECS may refer the matter to a relevant external integrity agency if deemed appropriate. Monitors grievances to ensure they are handled appropriately and within timeframes. A complaint. Supervisorsare members of the University community who have oversight and/or direction of the work of staff or students. It is important to keep the risk of defamation to a minimum by ensuring that only those who need to be involved in the resolution of the grievance deal with the grievance. Given the nature of discrimination and harassment, there may often be no direct witnesses or documents to support the complainants version of events. This does not mean that the allegation is untrue. ask the complainant to provide relevant documents or details of witnesses that may support the allegations. If a person wants to proceed with a formal complaint about discrimination or harassment, or if this is considered to be the most appropriate course of action, the following steps are recommended. This chapter explains what grievances and disputes are, and outlines the associated legal risks and how to reduce your legal exposure. Accessible versions of these procedures are available for people with disabilities upon request to the People, Talent and Culture Unit. Grievances usually relate to an issue arising out of the employment relationship. These principles require that the investigator/conciliator approach the process with neutrality and in recognition of the right of both parties to a fair hearing. The University will act to ensure that all employees are aware of these procedures for dealing with unlawful discrimination/ workplace bullying grievances and have easy access to them in a format that is appropriate. If the request is granted, the Executive Director: People, Talent and Culture will appoint a conciliator who has expertise in the resolution of grievances. We are committed to creating a positive, productive and healthy workplace where individual employee grievances are managed and resolved in a timely manner consistent with the Directive: 11/20 Individual Employee Grievances (the Directive). Managers and Supervisors are required to proactively identify workplace issues and manage them effectively by creating a safe environment to conduct courageous and supportive conversations. Please refer to Guide: Human rights: A plain language guide to your human rights for further information. 4.2Equity contacts must maintain appropriate confidentiality with respect to information disclosed to them regarding allegations of unlawful discrimination/sexual harassment/workplace bullying. Description:The Grievance Resolution Policy (Policy) sets out the minimum requirements and responsibilities for WA health system entities to ensure Employee Grievances are resolved in an equitable and timely manner. Receives and registers formal individual grievances in accordance with the directive and OIC procedures. We meet all our statutory requirements; this includes sections 53 and 218A of the PSA. 15.2Disciplinary action will be taken in accordance with the following. the behaviour being complained about is not serious and does not appear to be discrimination or harassment, as defined by the organisations policy. 13.7If after investigation the grievance is not substantiated the complainant and respondent will be advised that the matter cannot proceed. For an allegation to be proved on the balance of probability it must be shown that in the light of available evidence, it is more likely than not that the allegation is true. Must engage in the grievance process in good faith. As these are internal procedures aimed at achieving conciliation, the support person should not be acting in a legal capacity. 4. Make a genuine and reasonable attempt to resolve grievances as promptly and informally as possible. In smaller organisations, this person may be a line manager or supervisor. Employees involved within the grievance should not discuss the matter with any other person subject to any legal requirements for disclosure. Once the matter is concluded, the file will be forwarded to the Executive Director: People, Talent and Culture for confidential filing. Employers can establish a specific procedure for discrimination and harassment complaints or use the procedure already in place for other types of complaints. Employees can file grievances for any of the following reasons: Workplace harassment Health and safety Supervisor behavior Adverse changes in employment conditions This list in not exhaustive. 12.6If conciliation is achieved the conciliator may suggest appropriate follow-up actions in order to monitor the situation. If required, it is recommended that the reader obtain independent legal advice. We will only share information when required to investigate, resolve or manage the outcome of the matter subject to any legal disclosure obligations, such as the requirement to provide natural justice to the subject of the grievance. F. airness unnecessarily disclose information pertaining to any enquiry or grievance. This policy sets out the principles designed to support the effective resolution of grievances raised by University staff or . for the purpose of this policy is aligned to AS/NZS 10002:2014, (the standard) wherein a complaint is defined as an 'expression of dissatisfaction made to, or about an organisation, related to its products, services, staff or the handling of a complaint where a response or resolution is explicitly or implicitly expected or . 8.2The principal functions of the conciliator will be to. They need to clearly violate either the contract or the law. The department must manage grievances in accordance with Directive 11/20: Individual employee grievances, this policy and the Individual employee grievance procedure. University's procedures in relation to grievances of unlawful discrimination/sexual harassment/workplace bullying, possible implications of relevant state and federal legislation, investigation has shown that the allegation is true on the balance of probability, and, the Executive Director: People, Talent and Culture is satisfied that all reasonable avenues for conciliation have been explored, but. g) take prompt and responsible action to grievances of victimisation or retribution. prioritise measures that foster and protect the psychological health of employees. determine the matter based on documentation provided by the Executive Director: People, Talent and Culture, convene a special committee empowered to determine the matter, The committee may determine the matter based on documentation provided by the conciliator and in addition may call upon the complainant, respondent, conciliator and witnesses for clarification if deemed necessary. The Guide to the National Quality Framework describes how an effective system for dealing with complaints confirms Unwelcome behaviour or language that has the effect of offending, intimidating or humiliating a person on the basis of their sex, marital status, pregnancy, sexuality, race, disability, age, or political or religious beliefs, in circumstances which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated. 10.2Personnel recordsIf a grievance results in a formal warning, or disciplinary action, a record of the incident will be placed on the appropriate official personnel file. If the employee is satisfied with the outcome of the informal attempt to resolve the grievance no further action is required. 1.3All staff must respect the rights of both complainant and respondent in line with natural justice and procedural fairness. 7.2The purpose of an investigation is to elicit facts, not to disseminate allegations. 13.3The conciliator will investigate the grievance, acting at all times to make appropriate allowance for the rights and concerns of both the complainant and the respondent in line with the principles of natural justice. Details about what comprises Use this guide to learn how to create a grievance policy with the help of a legal template. 8.3In attempting conciliation, the conciliator may act as a go-between or as a neutral intermediary in the presence of both the complainant and the respondent until an agreed resolution is reached. The person handling the complaint (the complaint officer) should: Where there is a concern about supporting information being destroyed or compromised, the complaint officer should try to obtain this information before taking any further action. As most respondents are genuinely unaware that their actions have given offence, conciliation provides the opportunity for them to understand the nature and impact of their behaviour and thereby modify it. Staff members may seek advice or lodge a grievance under these procedures if they believe they have been: These procedures do not automatically cover University staff seconded to or undertaking placement in other organisations. A grievance is a statement of complaint raised by an employee about something in the workplace with which they are unhappy. A good complaint process will also include provisions to: An organisations discrimination and harassment policy should explain how to make a complaint and, identify an initial contact person. 1. This policy and procedure applies to grievances, concerns and complaints about: the behaviour of people in the workplace, including discrimination, harassment, sexual harassment, bullying and victimisation as described in the following policies: Equal Employment Opportunity Anti-Discrimination Harassment Workplace Bullying; Provides support and advice to the delegate and employee as appropriate, Must safeguard records to maintain confidentiality. act upon the conciliator's recommendation to invoke disciplinary procedures. Unwelcome sexual behaviour or sexual innuendo that has the effect of offending, intimidating or humiliating a person in circumstances, which a reasonable person having regard to all the circumstances would have anticipated that the person harassed would be offended, humiliated or intimidated. A list of equity contacts can be found at https://i.unisa.edu.au/ptc-contacts/equity.
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