Employee Grievance
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Employee Grievance Policy Contents Preamble ............................................................................................................................. 3 Key Elements....................................................................................................................... 3 Legislation ........................................................................................................................ 3 Procedure ............................................................................................................................ 4 Informal Grievance ........................................................................................................... 4 Formal Grievance ............................................................................................................. 4 Frivolous Claims ............................................................................................................... 5 Workplace Specific Items..................................................................................................... 5 Bullying and Harassment ................................................................................................. 5 Sexual Harassment .......................................................................................................... 5 Supporting Documents ........................................................................................................ 6 Policies ............................................................................................................................. 6 Forms ............................................................................................................................... 6 Information Sheets ........................................................................................................... 6 Training ............................................................................................................................ 6 Legislation ........................................................................................................................ 6 Responsible Officers ............................................................................................................ 6 Human Resources Indicators............................................................................................... 7 Grievances and Disputes ................................................................................................. 7 Version Details ..................................................................................................................... 7
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Employee Grievance Preamble Every employee of BigDog Support Services Pty Ltd (BigDog) has the right to complain. This fundamental right is in itself a tool for change and improvement, as well as a means of protection and accountability. It is therefore the responsibility of all involved with the service to have a clear understanding of the process and that the process is outcome based. The outcome may in fact be that a person has complained and that their complaint is recorded. Similarly, it may result in a change of BigDog policy that has an overall effect. To assist Employees with this process a Complaints Kit has been developed and is to be made available on request.
Key Elements 1. 2. 3. 4. 5. 6. 7.
All grievances are to be taken seriously. A Director will be charged with the responsibility to ensure the integrity of the grievance process and to always be mindful of the inherent risk to the employee in the process. A Director is to ensure that a do no harm philosophy is followed. A Director is charged with following practices of natural justice in addressing issues. In negotiating outcomes, a Win-Win focus is to be employed where no parties are disadvantaged. All complaints are to be recorded with outcomes and results and filed accordingly. All processes must be reflective of the representative state authority where the grievance has been lodged.
Legislation Employee complaints may be subject to the following legislation: Community Services Act 2007 (Qld) Fair Work Act 2009 (Cth) Further Education and Training Act 2014 (Qld) Industrial Relations Act 1999 (Qld) Vocational Education, Training and Employment Act 2000 (Qld) Workers’ Compensation and Rehabilitation Act 2003 (Qld) Work Health and Safety Act 2011 (Qld)
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Procedure Subject to the Fair Work Act 2009 (Cth) any dispute or grievance arising out of the operation of an Industrial Agreement, other than a dispute or grievance arising directly from an employer’s concern about an employee’s work performance or conduct, shall be dealt with in the following manner, which is designed to ensure confidentiality is respected.
Informal Grievance In the first instance, when an employee believes they have a legitimate grievance with another member of the service, they are obliged to endeavour to address the issue/s with that member on a one-to-one basis and in confidentiality to resolve the issue. If unsuccessful in this endeavour, then it is the responsibility of the employee to bring a grievance to management appropriately by way of informally speaking with their coordinator and discussing the issues of concern with an aim of resolving an issue at this point. (Informal Complaint)
Formal Grievance 1. This must be put in writing preferably using the Employee Grievance Report with all relevant information and provided to an authorised officer. 2. The authorised officer will record the date received, log in the Grievance Register and notify a director of BigDog of the complaint at the earliest opportunity. 3. Elements of the Employee Grievance Report include any immediate action taken, any recommended action, details of responsible persons and their action roles, the date presented to a director and the response date and type 4. A director will then be charged with investigating the complaint by way of a meeting with the complainant within 2 working days. At this meeting the complaint will have the right to have an advocate assist them in stating their complaint and assist in the resolution process. It may be necessary for the director to conduct further investigation after this initial interview. In this event, a second meeting should be arranged as soon as possible after the conclusion of the investigation. 5. If item 4 is not possible, a director will be charged with conducting a Special Director’s Meeting within 2 working days. At this meeting the directors, shareholders and specialist advisors will review the facts of the investigation and provide a decision. 6. The complainant should be kept informed of the progress of any such investigation by a director. 7. A resolution meeting should then be held to finalise the outcome of the investigation and to formulate any plans of response. 8. If item 7 is not possible, a director will provide a written notification of the finalisation within 2 working days. 9. The above process in no way restricts the right of an employee to gain assistance through industrial processes but needs to be utilised in conjunction if this is the preferred option of the employee. It should also be recognised that being able to complain is empowering and BigDog has a philosophy of empowerment. 6.5.1 Employee Grievance
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Frivolous Claims Employees who lodge a grievance which is considered by an appropriate designated Officer as frivolous or vexatious may be managed under the Discipline Procedure. Evidence would need to be available which supports a recommendation to a Director that claims a grievance is frivolous or vexatious.
Workplace Specific Items Bullying and Harassment Workplace bullying and harassment is where a person is subjected to behaviour, other than sexual harassment, that: • is repeated, unwelcome and unsolicited, • the person considers to be offensive, intimidating, humiliating or threatening or • a reasonable person would consider to be offensive, humiliating, intimidating or threatening. Workplace bullying can be committed by a person’s employer, worker, co-worker or group of co-workers. Bullying may involve persistent, offensive, abusive, intimidating or insulting behaviour, abuse of power or the imposition of unfair penalties which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines self-confidence, and which may cause them to suffer stress. Bullying may involve repeated behaviour often associated with unequal power relationships where strength or power (or perceived strength or power) is used to coerce, threaten, oppress, harass or persecute others. Bullying may involve verbal or physical abuse (the latter may be adjudged to be a criminal offence) but may also be subtle intimidation with inappropriate comments about personal appearance or constant criticism.
Sexual Harassment Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working or learning environment. Sexual harassment can occur between men and women; women and other women; and men and other men. Sexual harassment is NOT behaviour which is based on mutual attraction, friendship or respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. Behaviour can become sexual harassment if the interaction changes from being based on mutual attraction, friendship or respect to non-consensual, unwelcomed and unreciprocated interactions.
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Supporting Documents Policies 2.0 Governance and Operational Management 2.1.5 Continuous Improvement 6.0 Human Resources Policy
Forms Director’s Meeting Minutes Employee Grievance Report Waiver of Notice of Special Meeting of Directors
Information Sheets Complaints Flowchart Anti-Discrimination Act 1991 Complaints Kit Including: o Employee Grievance Policy o Employee Grievance Report o Code of Conduct o Advocacy brochure(s) o Making a Complaint brochure o DSA Service Delivery Principles o Dealing with Abuse Assault and Neglect
Training https://bigdogsupportservices-ngotrainingcentre.talentlms.com/index NGO Feedback, Compliments and Complaints
Legislation National Disability Insurance Scheme Act 2013 Privacy Act 1988 (Cwth)
Responsible Officers Steven Paull ....................................Managing Director Courtney Carroll ...............................Director Ann Paull .........................................Human Resource Officer Kyle Paull .........................................Company Lawyer
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Human Resources Indicators Grievances and Disputes 6.5 BigDog ensures that people working in BigDog have access to fair and effective systems for dealing with grievances and disputes
Version Details Date
V
July 2009
1.0
March 2010
1.1
October 2011
Details Policy developed
Updated BigDog from BDS Updated BigDog from Service User Ratified Community Committee review of policy – include a Complaints Kit
October 2011
1.2
Complaint’s kit developed and included in policy
March 2012
1.3
Header includes new logo and page of pages
October 2013
2.0
HSQF Standards replace Service Standard Indicators Training sub-heading added to Supporting Documents Word converted to Office 2013 DOCX
February 2015
2.1
Updated term 'Client' to NDIS term 'Participant'
July 2016
3.0
January 2020
5.0
January 2021
5.1
Changed from a policy to a procedure Changed from ‘the’ Director to ‘a’ Director Relocated the legislation section to the preamble Changed ‘Industrial Relations Act (1990) and the Industrial Relations Reform Act (1993)’ to ‘Fair Work Act 2009 (Cth) Changed Workplace Health and Safety act to Work Health and Safety Act New policy to match NDIS Practice Standards and Quality Indicators Front cover updated to Standards colour identification Supporting Policies updated Updated Responsible Officers details Introduction of BigDog Training Portal and modules
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