Dispute Settlement & Grievance Policy

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GRIEVANCE POLICY & PROCEDURE

Policy Statement:-  BG Brisbane is committed to providing a fair, safe and productive work environment by promoting teamwork and respectful treatment.   At times, issues or conflict may arise causing a person to feel aggrieved.    The intention of this procedure is to establish a process for resolving complaints which:

• Applies to all employees equally
• Encourages employees to raise complaints, without fear of victimisation or disadvantage
• Promotes timely resolution of complaints at the appropriate level
• Provides a clear process for addressing and resolving complaints
• Recognises the importance of sensitivity, confidentiality and impartiality in the complaint resolution process.

Purpose:-  The purpose of this procedure is to outline the circumstance under which an employee may lodge a grievance and explain the process to be followed in relation to the resolution of grievances and disputes.

What is a Grievance?

A grievance is any type of problem, concern or compliant about work or the work environment.  Grievances must be related to the business matters, which includes work related activities and functions.  Common complaints may include, but are not limited to:

• Conduct of another employee
• Discrimination, harassment or bullying
• Workplace safety or environmental issues

Who or what can be complained about?

A complaint can be made against another employee (including peers, subordinates or managers) or another person the employee is dealing with in the course of their work.  Where the complaint involves an employee from another business, the business may refer the matter to their employer or other relevant body.

The business also recognises that a complaint may not be made about a person, it could also be made about work health and safety risk or environmental issue.

Exclusions from the Grievance Procedure

• A complaint cannot be made where an action is considered ‘reasonable management action’ under the relevant legislation. For example:
• Instruction or direction provided by management in the completion of work

–       Feedback or management of unsatisfactory performance or workplace behaviour

–      Any matters relating to the processes to manage unsatisfactory performance or workplace behaviour i.e.serious misconduct, recommendation or decisions to take                     disciplinary action or dismissal.

–      Any other matter that has a separate procedure or process in place that is relevant for that specific type of complaint.

Criminal or Unlawful Conduct

If a complaint involves alleged criminal conduct or an alleged breach of an Australian Law, the business may notify the Police or other relevant government authority.  The business may suspend any action or investigation under this procedure pending an investigation by the Police or government authority.

Procedure:- 

Self-Resolution –    

If an employee is comfortable in doing so, they should attempt to resolve the issue directly with the person/s concerned:

• Identify the specific conduct which caused offence
• Explain the impact of the conduct on themselves
• Request that the conduct stops.

Note:  It might be possible that the other person is not aware of the impact of their conduct and the matter could be resolved quickly and simply.

However, if the employee is not comfortable attempting to resolve the matter directly with the person or self-resolution is not successful, it is advised to make either an informal or formal complaint.

Informal process –

This procedure is suited to less serious issues, such as interpersonal conflict where the person feels uncomfortable addressing the issue directly with the person.  This process may also be appropriate where the parties are likely to continue working together.

An informal complaint can be made verbally.  The focus of this process is to find resolution which is acceptable to all parties.  Some examples may include:

–   discussion with the complainant and respondent (either separately or together) to discuss the issues and explore resolutions.

–  a request for further information from all parties to clarify the complaint and  identify possible solutions.

–  arrangement of a mediation between all parties

– exploration of the issue on behalf of the complainant and identification of options to address the issue.

Upon receipt of an informal complaint, supervisors and managers are encouraged to contact the internal HR Representative for advice and assistance throughout the process.

If the matter is not resolved to the satisfaction of all parties, the person handling the complaint will determine whether any further action is required ie. a formal complaint process.

Anonymous Complaints – A locked box is located within the C Block Staff room for employees to freely submit anonymous issues or concerns.  We encourage all staff to actively discuss concerns regarding matters of the workplace with their manager, however BG Brisbane acknowledges the right of its employees to do so without revealing their identity and will handle all complaints equally regardless of how they have been reported.

Formal process –

This procedure is suited to serious issues, such as sexual harassment, discrimination, bullying or other unlawful conduct.  It may also be appropriate for sensitive matter where there may be a dispute of the facts of the allegations.  To commence the formal process the employee should outline their grievance in writing with as much detail as possible, the complaint will be immediately referred to the internal HR representative.  The directors of the business will also be provided with an outline of the complaint and any other information required.

Once the completed Complaint is submitted the Relevant Party (Manager, Owner etc)  will acknowledge and receipt the complaint and proceed with the Investigation Process.

The Respondent will be given details of the complaint and the opportunity to respond with a reasonable timeframe.  The HR representative, Manager &/Or Director may have a discussion with both parties in an effort to genuinely resolve the complaint at workplace level.

Where required, the HR representative, Manager &/or Director, or other appropriately appointed person (for example BML Officer) will commence an investigation, all parties will be notified. The investigation will be completed in a timely manner (no more than 14 working days after the complaint has been submitted and receipted by the Business.  All nominated employees are expected to participate and make themselves available for the investigation processes.  Witnesses many be identified in the strictest confidence.

On completion of the investigation, all parties involved will be informed of the outcome (if appropriate) and the prescribed actions and recommendations.  Actions and recommendations may include, but are not restricted to;-

– The complainant gaining a better understanding of the situation and no longer being aggrieved.

– The complainant receiving a verbal or written apology.

– Training and performance alignment.

– Mediation

– One of both parties agreeing to participate in some form of counselling.

– Disciplinary action where BG Brisbane policies were found to have been breached, and/or where misconduct, serious misconduct or unsatisfactory work performance                   has occurred.

– Termination of Employment.

Once the complaint is resolved, if deemed necessary by BG Brisbane, a review may be held by the business with all parties involved at any stage thereafter.  The employee will be required to sign-off on the complaint form to ensure satisfaction with the process and outcome.  If the complainant is not satisfied with the outcome, the HR representative, Manager &/or Director will determine the next course of action.

At any time from lodgement of a complaint, BG Brisbane can acquire an external investigator to investigate the complaint if it deems appropriate.

During the course of the complaint process, the complainant and respondent are entitled to have a support person present.

Appeals/Lodging an Internal Appeal –

If either the complainant or respondent is dissatisfied with a decision made by BG Brisbane, they have five (5) working days from the date nominated in the written notification of close of complaint, to lodge an Internal Appeal to have the complaint reviewed.  Appeals should be lodged in writing to the HR  representative, Manager &/or Director.  The appeal needs to be based on new information or information    that was not initially considered.

BG Brisbane will seek external support in dealing with any appeals made.  The appealing employee may attend any meetings or discussions and may have a support person accompany them.  If the complaint   involves another employee(s), they will also be invited to present their case to the group that is handling the appeal.  A written record of the meeting will be taken.

The appealing employee will be notified of the decision in writing within five (5) working days of the  decision.  If the appeal is upheld the employee will be informed of the action to be taken to resolved the matter.  BG Brisbane will immediately implement any decision and/or action required.

If the appeal is not upheld, the employee will be given a written explanation including the reasons for the decision.

The procedures set out in this document do not replace or modify procedures or any other responsibilities which may arise under other policies or under statue or any other law.  Nothing in this policy and procedure  limits the rights of individuals to take action under the Fair Work Act.

It is imperative that all information regarding grievances be kept confidential for the  following reasons:

–     The complainant and the respondent have a right for all information pertaining to the complaint to remain strictly confidential.

–     The possibility of defamation suits against individuals.

–     The prevention of victimisation of the parties involved.

–    The prompt, successful resolution of the grievance.

Employees found guilty of making false or malicious claims will be reprimanded which may lead to termination of employment. It is the responsibility of each employee to ensure that they are aware of changes and updates to policies. All employees must ensure that they have the most current version of a policy.  Please refer to our website for the most current version.

Principals –                             

 1. All employees have a right to work in a safe and healthy workplace.

2. All employees are encouraged to discuss concerns regarding workplace matters and to seek resolution in accordance with this policy.
3. All employees are entitled to prompt consideration and efficient resolution of any grievance, complaint and appeal.
4. BG Brisbane is committed to resolving all grievances and complaints through discussion and conciliation where possible and through fair and equitable processes and procedures when required.
5. The individual’s right to natural justice is to be upheld at all times.

Responsibilities –              Compliance with this Policy

All employees and business owners are required to comply with this policy.  If this  policy is not complied with, disciplinary action may be taken.  For further  information refer to the Disciplinary policy.

 

Definitions –        Complainant –  the employee that have experienced the grievance or submitted the complaint.

Complaint –  a cause of discontent that is experienced by a grievance

Grievance –  any issue or concern relating to the work place, where the issue or  concern is preventing people from performing their work related tasks and  causes discomfort.

 Natural justice – is the idea of fairness in the processes that resolve disputes.

 Respondent – the employee that the grievance