Grievance & Dispute Settling Procedure
What is in this procedure?
This procedure sets out how to resolve problems simply, quickly and fairly. If the issue cannot be resolved with the immediate manager’s involvement, the affected employee should speak with People & Culture to discuss alternative solutions or remedies.
This grievance and dispute settling procedure provides a means for employees, to raise concerns about work-related problems
This procedure should be used for all workplace grievances or disputes.
Who needs to take action?
Step 1-Dealing with grievances informally
In the first instance, the employee should seek to resolve matters informally. This is a useful way of resolving some problems quickly and easily. For example, if the employee is concerned about the behavior of another person, or about a decision they made, the employee should speak to that person directly to explain their concerns and try to work out a satisfactory solution between themselves. The employee may also try to do this with the help and support from a person who could be a co-worker, a manager or supervisor, or a union delegate.
There are limits to the informal option of resolving the employee’s grievance. The informal option is unlikely to be suitable for dealing with very serious incidents of misconduct or serious allegations of mistreatment (for instance), as the informal option would not ordinarily lead to an investigation or disciplinary action which occurs when escalated to a formal grievance.
If the informal process fails to resolve the employee’s problem, the employee may then try to find a solution through the formal grievance procedure.
If the matter is not settled, the Employee(s) can request that the matter be discussed with director of the business.
Dealing with grievances formally. The formal procedure consists of the following steps-
Step 2 – starting the process
- The Employee will bring the grievance to the attention of their supervisor or operations manager as soon as possible. This can be done by writing to the Manager by using the Grievance ProcedureForm by requesting from Operations Manager. The employee will set out the details of the concerns, what effect this has on them, and how the employee believes it may be resolved.
Step 3 – invitation to a meeting
- On receiving the written notice of the grievance, the manager will meet with the employee to discuss the matter at a time, date and location that is mutually acceptable.
- The employee will have the opportunity to be accompanied at the meeting by a support person of their choice including a union representative.
Step 4 – the meeting
At the meeting, the employee will have the opportunity to provide any additional information about their grievance or dispute.
If further investigation is required directors will be notified, there may be a need to disclose some detail to relevant parties, for example to interview witnesses or to make other enquiries. If so, a further meeting may be required with the employee to discuss the findings of the investigation. The manager will keep the employee informed throughout the investigation process.
The operations manager will also consider and discuss with the employee (if necessary)any special measures that may be required in the workplace to support themwhilst the complaint is being investigated.
General notes about interviews and investigations
The nominated investigator will carry out investigations as necessary and will keep detailed and accurate records relating to the investigation. The investigation will be completed as soon as is reasonably practicable.
All information or evidence provided by witnesses will be treated as confidential and will not discussed with other parties involved in the grievance.
Making a decision and informing the parties
The investigator will prepare a written report with findings of the investigation.
Consultation will occur with senior management in relation to the findings from which outcomes and actions will be determined.
Management will arrange a meeting with the employee to inform them of the investigation outcome as soon as possible which will then be confirmed in writing.
The employee will be informed of their right to submit a Review of Actions, against the findings in the event that the employee is not satisfied with the outcome.
Step 5– Review of Actions
Where the grievance has not been upheld and/or where the employee is not otherwise satisfied with the outcome of the grievance or dispute, the employee will have an opportunity to submit a request for Review of Actions.
The employee will be required to inform management of their intention to request a Review of Actions as soon as possible in writing and provide details of the reasons they are seeking this action within 28 days after being notified of the outcome.
The employee will be invited to a meeting with Management, who will review the initial decision and make an independent determination about the grievance. The meeting will be held as soon as possible, but otherwise without unreasonable delay.
The manager or nominated person who reviews the initial decision will be impartial and consider the facts on merit.
The employee can submit any relevant material that they consider supports the initial grievance or dispute before or at the meeting.
Management may offer recommendations including but not limited to, mediation or a conciliation process as a remedy to the grievance
As soon as possible after the Review of Actions meeting or otherwise without unreasonable delay, the employee will be informed of the final decision or recommendations in writing.
Step 6- Matters referred to the Fair Work Commission (FWC)
- If the employee remains dissatisfied with the outcome of the grievance or dispute, they may refer the matter to the Fair Work Commission for Conciliation or Arbitration.
Maintaining records
Management will keep records of grievances made by employees and outcomes including how the grievance has been resolved.
Any grievance made by an employee will be kept unless alternative arrangements are requested.