Scope
This policy applies to all staff employed at Access Arts Inc and the Management Committee.
Background and relevant legislation
Background
From time to time individual employees may have grievances related to their employment, which need to be resolved in order to maintain positive working relationships. All parties to a grievance should try to resolve the matter informally through discussion, proceeding to formal processes only if this does not succeed.
Legislation relevant to the policy
Fair Work Act 2009
Relevant industrial awards or agreements
Definitions
Staff grievance: A staff grievance occurs where a staff member is concerned about some aspect of their employment or treatment by another person or by a management decision, and wishes some action to be taken to remedy the situation.
Policy statement
Access Arts aims to maintain a harmonious work environment. This policy aims to assist staff and management to resolve staff grievances, perceived or real, effectively and to the satisfaction of all concerned.
Access Arts is committed to addressing staff grievances in a prompt and effective manner. The rights of employees will be respected in the grievance process. Both the employer and employee will abide by their obligations under their employment contract and any relevant industrial award or agreement. The aim of this policy is to ensure that grievances are resolved by discussion between the parties.
The employer recognises that, from time to time, individual employees may have grievances which need to be resolved in the interest of good relationships.
Procedures
- Confidentiality is to be respected at all times – no one is to discuss information about a grievance outside the grievance procedures.
- A staff member who has commenced a grievance process, may withdraw and stop the process at any time without penalty.
- No staff member will suffer any personal or professional disadvantage because they decide to pursue a grievance in accordance with this policy and procedures.
- The grievance procedure will be undertaken in good faith by all parties
- Employees may elect to have a support person of their choice present as a witness at any meetings or interviews. This support person must be unbiased and must not bring any other agenda to the meetings or interviews.
- In the case where the employee requires support to attend and participate in the grievance procedure, an external advocate may be appointed.
- Employees may request attendance of a union representative at meetings when consistent with a relevant federal award or industrial agreement.
- Until the grievance is resolved, work shall continue as normal, unless there has been any action which is of a criminal nature, or is being investigated as such, or the action is in breach of the employment contract.
| STEPS | ACTIONS | WHO IS RESPONSIBLE? | TIMELINE |
|---|---|---|---|
| PRELIMINARY ACTION: | Try to resolve the grievance directly with the person(s) concerned. (If this is unsuccessful, proceed to Step 1.) | Complainant/persons concerned | As soon as possible |
| STEP ONE: | Complainant should talk with their immediate Supervisor. (If this does not resolve the matter to the complainant’s satisfaction, proceed to Step 2.) | Complainant Supervisor |
Normally within 10 working days |
| STEP TWO: | Grievance may be referred to the Executive Director, or their delegate. (If the grievance is still unresolved, proceed to Step 3.) | Complainant Supervisor Executive Director |
Normally within 15 working days |
| STEP THREE: | Grievance may be referred to the Management Committee, (if unresolved, proceed to step 4.) | Complainant and/or Supervisor and/or Executive Director and/or Management Committee | Normally within one calendar month |
| STEP FOUR: | Grievance may be referred to external mediator by the Management Committee. | Complainant/persons concerned/mediator | Normally within six weeks. |
Preliminary Action: Direct resolution
Staff who wish to raise a grievance should, in the first instance, attempt to resolve the issue directly with the person/s involved.
Steps 1 – 4: Line management
If matters are not resolved, or the staff member is unwilling to raise it with the person/s involved or with their line manager, the staff member should raise their grievance with their next level of management as set out below. The grievance should be in writing. Staff will move through each level only if they consider that their grievance has not been resolved.
- Immediate person involved
- Their immediate supervisor
- Executive Director, or their delegate
- Management Committee
In some instances it may be appropriate for mediation to be offered to parties to the complaint at an early stage of the grievance resolution process. Participation in mediation is voluntary, however all parties need to agree to participate in mediation before the process can proceed.
Resolution and documentation
When a grievance is resolved, the relevant parties will be notified accordingly. Where it is considered appropriate to document outcomes of a grievance procedure, it will be placed on the employee’s personnel file and a copy given to the employee. Any such documentation will be destroyed after a period of 12 months if no longer required.
Outcomes of a grievance procedure
Outcomes from any level of this process may include:
- Better understanding and improved relations between colleagues
- A review of Access Arts’ policies, procedures and/or processes
- An apology- either written or verbal
- A reprimand -either written or verbal
- Counselling for one or both parties
- Disciplinary action
Key responsibilities and authorities
Who is responsible for what?
- The committee is responsible for approving any changes to this policy.
- The staff are responsible for raising grievances in line with this policy.
Evaluation
In order to assess whether the policy has achieved it’s purpose, the Management Committee will:
- Obtain feedback from staff
- Assess whether grievances raised under this policy were resolved.
Complies with Queensland Disability Service Standards: 3, 4, 7, 9
Update Responsibility: Emma Bennison
Date of last update: 7/09/2009