Telephone Conciliations at Fair Work Australia
|
|
- Sydney Gilmore
- 6 years ago
- Views:
Transcription
1 Telephone Conciliations at Fair Work Australia To: Bernadette O Neill, Director Unfair Dismissals, Fair Work Australia 18 August 2010 Queries regarding this submission should be directed to: Contact person Francesca Harrison Ph (03) fharrison@liv.asn.au Law Institute of Victoria (LIV). No part of this submission may be reproduced for any purpose without the prior permission of the LIV. The LIV makes most of its submissions available on its website at
2 Table of Contents Introduction... 3 Disadvantages... 3 Inefficiency and delays... 3 Client dissatisfaction... 3 Difficulty negotiating effectively over the phone... 4 Lack of engagement and unenforceable verbal agreements... 4 Inability to assess witnesses... 4 Lack of visual aids... 4 Influence of undisclosed parties present during conciliation... 5 Unreasonable time limitations... 5 Lack of commitment to serious litigation... 5 Unrepresented parties... 5 Inconvenience... 5 Lack of control or direction from the conciliator... 6 Increased cost... 6 Benefits... 6 Convenience Success rate... 6 Avoids confrontation in sensitive matters... 6 Parties owning the outcome... 6 Findings and Recommendations... 7 Page 2
3 Introduction The Law Institute of Victoria (LIV) Workplace Relations Section has been monitoring the process and experience of telephone conciliations at Fair Work Australia (FWA) in relation to unfair dismissal cases and other matters over the last 12 months. We understand that FWA has recently commissioned research in the form of a national survey of participants and their representatives, to examine participants experiences with and views about the unfair dismissal conciliation process, as well as the information and assistance that FWA provides to parties and potential parties about the process. In light of this current research, the LIV believes it is timely to offer FWA the views and experience of LIV workplace relations practitioners and their clients, and suggests that this valuable insight be taken into consideration when FWA compile and assess the current research, and identify necessary adjustments to the telephone conciliation process. Disadvantages The following issues have been identified and reported by LIV practitioners in the course of participating in FWA telephone conciliations: Inefficiency and delays Telephone conciliations can be impractical due to phone issues such as engaged lines and parties not answering calls. The system can be extremely time consuming, particularly where there are multiple parties/participants in separate locations and the conciliator has to call each party separately to discuss issues and offers. LIV members have reported delays where the parties and their representatives are linked in to the conciliation via telephone from different locations. If the representatives have not taken detailed instructions prior to conciliation, there can be significant delays while the parties consult with their representative via separate calls. Following discussions, if the matter settles, it is reported that there is a further significant delay while the parties communicate back and forth via the conciliator over the terms of settlement. LIV members report that this issue would be resolved more efficiently if the parties and their representatives were in the same or nearby rooms. Client dissatisfaction LIV practitioners have consistently reported that telephone conciliations are dissatisfying for their clients as they may not feel they have had their "day in court". It is of concern that this is not necessarily reflected in FWA s reported telephone conciliation success rate, which is based on the rate of matters that settle after conciliation. A statistical analysis should be conducted regarding this issue. Anecdotal evidence from practitioners indicates that their clients have expressed dissatisfaction and disappointment with the process of telephone conciliation, explaining that it was not what they expected and they did not feel that they had an opportunity to properly engage with the other side nor derive the full benefits of the conciliation process. LIV practitioners have supported this evidence with experiences where the representative calls in to the conciliation on behalf of a respondent, having been instructed to only contact the respondent on the phone for instructions if needed, whereas usual practice in a face to face conciliation conference would require the respondent or an instructor, as well as a representative, to be present. In regards to engaging with FWA, practitioners have reported clients wanting to show a conciliator their documents in person despite the matter having been resolved. Page 3
4 Difficulty negotiating effectively over the phone It can be difficult to negotiate effectively over the phone (especially where there are multiple parties involved) as representatives have to be constantly checking who can and can t hear their conversation, which causes obvious delays and frustrations. It has been reported by clients that on occasions, a conciliator has intended to "block" one party from listening in to a private discussion between themselves and one of the parties, but the party is uncertain as to whether the conciliator has inadvertently failed to actually block out the other party from listening to the discussion. These issues would clearly be avoided if the parties and conciliator were holding face-too-face discussions. Lack of engagement and unenforceable verbal agreements Telephone conciliation can pose a twofold problem. The first is that if the parties do not feel effectively engaged with the process, they will not take the settlement seriously. The second is that if the parties do not take settlement seriously, then they are more likely to renege on a verbal agreement. This is where the nature of a verbal agreement via the telephone (which may not be transferred into a document until a later date, if at all) versus a written and signed agreement is problematic. LIV practitioners report instances where matters have been resolved via a verbal settlement agreement made at conciliation, but parties subsequently refuse to sign terms of settlement or comply with the verbal agreement. In regards to unfair dismissal matters, a number of clients have reportedly agreed during conciliation to be reinstated into their previous position, but have been returned to different positions and conditions, and as nothing has been signed, it becomes difficult to establish and enforce the terms of the verbal agreement. Practitioners suggest that these instances place both clients and representatives in difficult positions and there would be less opportunity for this to occur within the dynamics of a face to face conference where parties are more actively involved and accountable, and a settlement agreement was immediately signed. There are also reported examples of parties breaking off the conciliation over the phone when they have not received a relevant document or are not obviously engaged with the process and wish to delay. This obviously causes significant inconvenience for the other parties and their representatives, particularly where there has been time set aside for the call, and travel involved. It is suggested that it would be harder to break up a conciliation if all parties were present and documents could be simply handed over to the relevant party at the time. Inability to assess witnesses Conducting discussions via phone seriously impacts the ability to assess statements made by parties involved in the matter. This process is made more difficult by the inability to assess the demeanour of persons who may be witnesses, whereas a face to face conference is often used as an opportunity to gage how the various parties would be likely to appear, in particular as witnesses on both sides. Lack of visual aids While the lack of direct contact may be preferable for parties who do not wish to face each other (for example, where intimidation may be a problem), in other cases body language can be a powerful tool to get a proper "sense" of the other side, in particular the impact of submissions or evidence raised during the conference. LIV practitioners have suggested that it is easier for either party to make bold assertions, callous remarks or be untruthful when they do not need to look anyone in the eye or face direct consequences of those actions. Page 4
5 Influence of undisclosed parties present during conciliation LIV practitioners have expressed concern over the inability to determine whether or not persons not directly involved in the matter are listening in to the telephone conciliation conference without disclosing their presence, and whether these persons could influence the outcome of the conciliation or misuse information that is discussed in confidence. Unreasonable time limitations It is generally agreed by many LIV practitioners that FWA imposes unreasonable time limitations on conciliation conference calls, and that this disregards situations where multiple applicants have been joined in one proceeding, as well as matters which are complex and likely to require more time. Practitioners recognise that it is beneficial for FWA to allocate a specified period for phone conferences as this holds parties accountable and encourages parties to focus. It is simultaneously recognised that the lack of flexibility given to allocated time slots can be severely detrimental to all parties involved when a conciliation is genuinely making progress, but the conciliator has to end the discussion at a particular time, regardless of the situation. Practitioners have reported that the only way to continue the conciliation is for the conciliator to juggle between phone conciliations which is obviously inappropriate in many cases, and likely to leave parties feeling dissatisfied with the process and that their matter is unimportant. It is reported that, as FWA protocol discourages a second conciliation conference, it is likely that if the matter is not settled in the time allocated, unless the conciliator is lenient, the parties will have to continue discussions independently. Lack of commitment to serious litigation A telephone conversation lacks any great sense of gravitas and parties do not get a sense of what it might be like to attend and give evidence at Fair Work Australia (FWA). On the other hand, face to face conciliation allows the parties to be directly charged with the issues, the merits and the risks and forces the parties to focus. For these reasons, practitioners report that a face to face conciliation facilitates settlement while a telephone conciliation is only likely to settle cases in which the advantages of settlement are obvious. Unrepresented parties It is reported that there seems to be a great amount of pressure on conciliators to settle matters which may raise issues where there is an unrepresented party or parties. This may create situations where unrepresented and vulnerable parties are unwillingly persuaded into settling, but then renege on the verbal agreement at a later stage. LIV practitioners feel the process is unsuitable for unrepresented applicants and causes stress for those in a conciliation where the respondent is represented. Inconvenience If clients are to be able to directly instruct their representative during the conciliation, it generally requires clients to attend the representatives office. This negates the convenience of a telephone conciliation as the client could just as easily attend at Fair Work Australia The fact that parties are in separate locations removes the opportunity to take parties through documentation in person or provide documents quickly on an ad hoc basis. This prevents any unplanned progress being made. Practitioners also report that telephone conciliations prevent any opportunity for face to face discussions between representatives without their clients present, which has been a useful tool in the Page 5
6 past where there are sensitive issues or the relationship between the parties is aggressive, heated or unbalanced. Lack of control or direction from the conciliator LIV practitioners have reported that because of all the matters discussed above, the conciliator is less likely to be able to effectively direct proceedings and control the process over the phone (not necessarily for lack of trying) and thus their experience is that the conciliator often steps back and does not point out the strengths and weaknesses in the matter to assist the parties to come to an agreement. It is suggested that because of the nature of the phone conciliations, the conciliator lacks active involvement and ownership of the process and that, on occasions, they appear to be following a process and going through the motions without a real commitment to the content of the matter. Increased cost Some practitioners have suggested that the process of telephone conciliations increases costs as all relevant information needs to be prepared in writing ahead of time. This effectively means there are more documents required as the parties cannot rely on ad hoc discussions as they would in face to face conciliation. Benefits The LIV acknowledges that FWA's telephone conciliation process has been beneficial in certain circumstances. Examples of those benefits which have been identified and reported by LIV practitioners in the course of participating in these conciliations are set out below: Convenience As well as the fact that phone conferences can be listed quickly, the process of conducting conciliations over the phone can streamline processes and require less travel time in some instances which is convenient for parties. In some cases telephone conciliation can make it easier to settle cost effectively in a jurisdiction where the margins of the claims are small to begin with. Success rate Practitioners recognise that the success rate of telephone conciliations appears to be the same, if not better than face to face conciliations. However, they suggest that this rate may not be representative of client satisfaction, or representative of conciliations that fail or are reneged on at a later date. Avoids confrontation in sensitive matters The process of conducting the conciliation via the telephone is preferable and less stressful for some parties who actively do not want to see the other party, for example in sensitive matters where there may be issues of intimidation, or if there is an unrepresented party who feels vulnerable. When these parties are in a more relaxed and less stressful atmosphere, LIV practitioners expect that they are more likely to make sensible decisions. Parties owning the outcome It is suggested that the lack of conciliator involvement in telephone conciliation encourages parties to own the process which means they are more responsible for the outcome. Page 6
7 Findings and Recommendations In light of FWA s current research, the LIV has taken the opportunity to propose some changes to the current telephone conciliation process across all matters, and not limited to unfair dismissal. The LIV proposes that in order to improve the conciliation process across all matters, the default position for all conciliations at FWA should be held face to face. We suggest that parties be given an opportunity to nominate,, whether they would prefer a telephone conciliation, and a brief explanation as to why it would be more appropriate or convenient in their case. In the case of the Applicant, this should be done at the time that the Application is lodged. The Application itself should contain an additional section for this and make it clear that: the matter will proceed to a conciliation in person unless FWA considers that a telephone conciliation would be preferable taking into account any reasons that either party may provide in support of a preference for a telephone conciliation; if one of the parties does not express any preference at the time that the Application is made FWA will make a determination taking into account the preference of the other party only. The Notice of Listing of a Conciliation Conference should then: specify the date and time for hearing of the conciliation conference (without indicating if it will be conducted over the phone or in person); indicate what the Applicant's preference is (if any); give the Respondent an opportunity to set out its preference by a particular date ("the Nominated Date") and make it clear that: the matter will proceed to a conciliation in person unless FWA considers that a telephone conciliation would be preferable taking into account any reasons that either party may provide in support of a preference for a telephone conciliation; if the Respondent does not express any preference by the Nominated Date, FWA will make a determination taking into account the preference of the Applicant only (if any). At the Nominated Date, FWA can then assess whether the matter is suitable for telephone conciliation, (irrespective of whether or not both parties have expressed a preference), taking into account the following; whether both parties agree to telephone conciliation; their reasons for seeking either method of conciliation whether telephone conciliation would be more beneficial for parties e.g. - where it will result in a substantial inconvenience to have the parties physically attend at the conciliation (due to geographical location, costs or transportation issues). Once it has made this assessment, FWA will then notify the parties whether the conciliation will proceed in person or by way of telephone. Naturally, if FWA adopts the above proposals necessary amendments will need to be made to FWA's Rules and Forms. Page 7
8 Additionally, if a matter settles verbally via telephone conciliation, the conciliator should ensure as far as possible that Terms of Settlement are signed by the parties, and that each party receives a copy of the signed terms via fax or as soon as practicably possible. This would help avoid the problems created when parties fail to fulfil the terms of settlement or renege on agreements entirely. The LIV also encourage FWA to undertake a broader inquiry into the effectiveness of telephone conciliation across all relevant matters, in addition to the research undertaken on conciliation in unfair dismissal matters. Page 8
MTA EMPLOYMENT RELATIONS FACT SHEET
MTA EMPLOYMENT RELATIONS FACT SHEET FAIR WORK ACT 2009 UNFAIR AND UNLAWFUL DISMISSAL 18 September 2009 Operative: On and from 1 July 2009 A fair go all round The Fair Work Act 2009 Part 3-2 Unfair dismissal
More informationDisciplinary and Dismissal Procedure
Disciplinary and Dismissal Procedure Date updated: April 2018 Lead person(s): Head of Human Resources Review date: April 2019 Policy Title: Sunfield Disciplinary and Dismissal Procedure Page 1 of 9 Human
More informationG r i e v a n c e P r o c e d u r e f o r U n i f o r m e d a n d S u p p o r t S t a f f
G r i e v a n c e P r o c e d u r e f o r U n i f o r m e d a n d S u p p o r t S t a f f Executive Summary This procedure is designed to provide a framework and process for the timely and effective resolution
More informationGRIEVANCE POLICY. Approved by Version Issue Date Review Date Contact Person. SEG, Board 5.1 July 2016 July 2019 Director of HR
GRIEVANCE POLICY This policy is available on-line at: www.tynecoast.ac.uk We will consider any request for this policy to be made available in an alternative format or language. Please note that the College
More informationGrievance Policy. Lead Executive Director Sponsor C Thurlbeck, Director of Strategy, Transformation and Workforce
Document Control Sheet Grievance Policy Q Pulse Reference Number POL-WOD-HR-9 Version Number 03 Document Author Head of HR Lead Executive Director Sponsor C Thurlbeck, Director of Strategy, Transformation
More informationComplaints Handling and Dispute Resolution Policy
Overview Complaints Handling and Dispute Resolution Policy What is PPCA and what is this Policy about? Phonographic Performance Company of Australia Limited (PPCA) is a non-profit organisation established
More informationGrievance Policy and Procedure
Grievance Policy and Procedure Document Control Information Reviewed by the Strategic Management Team: - Date of Next Review: Mar 2016 Approved by the Board of Management: 24 Mar 2014 The Board of Management
More informationGrievance Procedure. [Company Name] Drafted by Solicitors
Grievance Procedure [Company Name] Drafted by Solicitors Contents Clause 1. Policy statement... 1 2. Who is covered by the procedure?... 1 3. Using this procedure... 1 4. Raising grievances informally...
More informationDATED GRIEVANCE PROCEDURE
DATED ------------ GRIEVANCE PROCEDURE CONTENTS CLAUSE 1. Policy statement... 1 2. Who is covered by the procedure?... 1 3. Using this procedure... 1 4. Raising grievances informally... 2 5. Formal written
More informationDEALING WITH HARASSMENT AND BULLYING AT WORK POLICY AND PROCEDURE FOR STAFF
Issue Date:- 8/9/09 Final DEALING WITH HARASSMENT AND BULLYING AT WORK POLICY AND PROCEDURE FOR STAFF 1. Policy statement The College is committed to the elimination of discrimination on the grounds of
More informationSICKNESS ABSENCE POLICY
SICKNESS ABSENCE POLICY Implementation Date: 01 April 2013 Review Date: 01 April 2016 April 2013 V1.0 Page 1 of 12 Contents POLICY OVERVIEW... 3 Purpose... 3 Who this Policy applies to... 3 Key Principles...
More informationIntranet and internet / ward folder. Approved by: Executive Management Team 5 October 2017
Document name: Document type: Grievance and Collective Grievance Policy and Procedure Human Resources Procedure Staff group to whom it applies: All staff within the Trust Distribution: The whole of the
More informationCode of Practice Applies from 1 April Disciplinary and Grievance Procedures. Introduction. Status of this code of practice
Trinity House, Bath Street, St. Helier, Jersey, JE2 4ST Telephone (01534) 730503 Fax (01534)733942 Email jacs@jacs.org.je Website www.jacs.org.je Code of Practice Applies from 1 April 2014 Disciplinary
More informationGrievance Procedure. Chris Nash, Associate Director of Human Resources and Workforce Transformation
Grievance Procedure Worcestershire Health and Care NHS Trust Grievance Procedure Document Type Human Resources Policy Unique Identifier HR-HACW-10 Document Purpose Document Author Target Audience The Trust
More informationBusiness Services Training
Business Services Training Unit of Competency Process Customer Complaints BSBCMM301A Unit Descriptor This unit describes the performance outcomes, skills and knowledge required to handle formal and informal
More informationCustomer Advocacy. Complaints Management Policy
Customer Advocacy Complaints Management Policy Complaints Management Policy Page 2 1. Purpose 1.1 The purpose of this policy is to provide customers and stakeholders with an overview and understanding
More informationGrievance Procedure HR, NEL CSU. Policy Screened Yes. All employees
1 SUMMARY 2 3 RESPONSIBLE PERSON: ACCOUNTABLE DIRECTOR: 4 APPLIES TO: All employees Jennie Williams, Executive Nurse and Director of Quality & Integrated Governance Jennie Williams, Executive Nurse and
More informationFact Sheet Unfair dismissal for national system employees
Fact Sheet Unfair dismissal for national system employees 1. Background 1.1 What is unfair dismissal? In the national system, unfair dismissal occurs when an employee is dismissed in a harsh, unjust or
More informationUNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF DISCIPLINARY PROCEDURE
UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF DISCIPLINARY PROCEDURE 1. Introduction 1.1 In the Association, as in any organisation, issues may arise in relation to staff conduct. In the first instance
More informationGRIEVANCE AND DISPUTES PROCEDURE
GRIEVANCE AND DISPUTES PROCEDURE Ratified by: Joint Local Negotiating Committee Date Ratified: 20 th May 2010 Name of originator/author: Nicky Littler Name of responsible Joint Local Negotiating Committee
More informationImproving Performance Policy
Improving Performance Policy If you re finding it hard to meet your performance goals or maintain your standards of performance we want to help you by giving you as much help and support as we reasonably
More information18. GRIEVANCE PROCEDURE
18. GRIEVANCE PROCEDURE Our policy is to encourage free communication between all employees to ensure that questions and problems arising during the course of employment can be aired and, where possible,
More informationRevised Disciplinary Policy. Revised May 2017
Revised Disciplinary Policy Revised May 2017 INDEX Section Pages 1. Policy Statement 2 2. Scope 2 3. Principles 3 4. Procedure 3 Informal Action 3 Formal Action: Stage 1 The Investigation 4 Formal Action:
More informationSelf help guide Preparing a grievance procedure
Self help guide Preparing a grievance procedure The sample wording in this document is for guidance only. The wording must reflect your current contractual arrangements. Any errors or omissions cannot
More informationSOLIHULL METROPOLITAN BOROUGH COUNCIL GRIEVANCE PROCEDURE
SOLIHULL METROPOLITAN BOROUGH COUNCIL GRIEVANCE PROCEDURE (1) This policy sets out the terms of agreement reached by those participating in the Council s Consultation and Negotiating Framework. and (2)
More informationDRUMBEAT SCHOOL AND ASD SERVICE. Disciplinary Policy (Adopted Lewisham Model Policy)
DRUMBEAT SCHOOL AND ASD SERVICE Disciplinary Policy (Adopted Lewisham Model Policy) APPROVED BY GOVENORS JUNE 2012 RESPONSIBLE PERSON HEADTEACHER SIGNED BY CHAIR OF GOVERNORS DATE SIGNED BY HEADTEACHER
More informationFairness at Work (Grievance Policy & Procedure)
Fairness at Work (Grievance Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be Published on Force Website HR Head of HR Head of Employee Relations
More informationHuman Resources Directorate
Name of Policy Employee Records Privacy Policy Description of Policy New Policy Revision Description of Revision Human Resources Directorate Policy and Revision Number Original Effective Date Review Due
More informationPAIGNTON COMMUNITY AND SPORTS ACADEMY
PAIGNTON COMMUNITY AND SPORTS ACADEMY STAFFING POLICIES DISCIPLINE PROCEDURES Reviewed and updated by the Full Governing Body: March 2013 Next Review due: March 2014 Introduction MODEL DISCIPLINARY PROCEDURES
More informationMaking an unlawful termination claim: for state system employees. Information Kit. Advice Line or
Making an unlawful termination claim: for state system employees Information Kit Advice Line 1300 130 956 or 9227 0111 Making an unlawful termination claim: for state system employees Disclaimer... 3 How
More informationNHS Organisation. Grievance Policy
NHS Organisation Grievance Policy Approved by: Welsh Partnership Forum Issue date: 10 March 2016 Review date: March 2019 1 (10/03/16) C O N T E N T S 1. Introduction 2. Scope 3. Purpose 4. Rights to be
More informationMaking a denial of contractual benefits claim. Information Kit. Advice Line or
Making a denial of contractual benefits claim Information Kit Advice Line 1300 130 956 or 9227 0111 Making a denial of contractual benefits claim Disclaimer... 3 How to use this guide... 4 What are denied
More informationDisciplinary Policy & Procedure
Scope: All Staff Last updated by/date: HR / Oct 2016 Effective Date: Sept 2015 Next review date: Oct 2019 Responsible Dept: Human Resources Associated links & web pages: Available on HR web pages Equality
More informationSickness Absence Policy
Sickness Absence Policy [Company Name] Drafted by Solicitors Contents Clause 1. Policy statement... 1 2. Who is covered by the policy?... 1 3. Disabilities... 1 4. Sickness absence reporting procedure...
More informationReview of the Benchmarks for Industry-based Customer Dispute Resolution Schemes
12 June 2013 By email: CCAAC@treasury.gov.au CCAAC Secretariat c/- The Manager Consumer Policy Framework Unit Competition and Consumer Policy Division Treasury Langton Crescent PARKES ACT 2600 Dear CCAAC
More informationAPPROVED 1 FORUM HOUSING ASSOCIATION ATTENDANCE MANAGEMENT FORMERLY ABSENCE
FORUM HOUSING ASSOCIATION Forum Housing Association is fully committed to all principles of Equality and Diversity and takes an approach which recognises the importance of the nine Protected Characteristics
More informationDraft Code of Practice on Settlement Agreements. TUC response to Acas consultation
Draft Code of Practice on Settlement Agreements TUC response to Acas consultation Introduction The Trades Union Congress (TUC) has 53 affiliated unions which represent approximately 6 million members working
More informationManaging Unreasonable Conduct by Customers
Managing Conduct by Customers Policy Type: Council Policy Policy Owner: Chief Executive Officer Policy No. CP- 107 Last Review Date: July 2018 Policy Objectives To provide principles and guidance as the
More informationSouthern Adjustment Services, Inc.
Southern Adjustment Services, Inc. INTRODUCTION An effective customer complaint system is an essential part of our business, members of Southern Adjustment Services, Inc. as it indicates to our customers
More informationGrievance and Disputes Policy and Procedure
Policy: G1 Grievance and Disputes Policy and Procedure Version: G1/04 Ratified by: Trust Management Team Date ratified: 8 th August 2012 Title of Author: Alan Wishart Title of responsible Director Director
More informationComplaints and Grievance Procedure Staff
Complaints and Grievance Procedure Staff Agreed by Governors on; 20/03/2017 Signed by Chair of Governors: Sally Birkbeck Statutory policy YES Frequency of review period; 3 years Document History Date 22/03/11
More informationDISMISSAL PROCEDURES
DISMISSAL PROCEDURES Dismissal Procedures There have been many changes to employment law and regulations in the last few years. A key area is the freedom or lack of freedom to dismiss an employee. An employee
More informationLittle Rascals Pre-school Disciplinary Procedure Policy
Little Rascals Pre-school Disciplinary Procedure Policy At Little Rascals we follow our legal obligations as an employer at all times including dealing with any disciplinary matter in a fair and consistent
More informationWHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE. 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members.
WHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE 1. INTRODUCTION 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members. 1.2 The procedure will be applied in accordance
More informationBest Practice Guide Effective dispute resolution
Best Practice Guide Effective dispute resolution 01 Work & family 02 Consultation & cooperation in the workplace 03 Use of individual flexibility arrangements 04 A guide for young workers 05 An employer
More informationMODEL GRIEVANCE PROCEDURE FOR SMALL ORGANISATIONS
MODEL GRIEVANCE PROCEDURE FOR SMALL ORGANISATIONS Employers should comply with the Acas Code of Practice for disciplinary and grievance procedures which can be downloaded from www.acas.org.uk/dgcode2009.
More informationTHE PARTNERSHIP TRUST. Sickness Absence Policy
Sickness Absence Policy Review Due: September 2020 Last Review September 2017 Applicable to: All Trust Schools Reviewed by: Contents 1. Policy statement... 2 2. PERSONNEL RESPONSIBLE FOR THIS POLICY...
More informationSchools Grievance Policy and Procedure
Schools Grievance Policy and Procedure Authority Guidelines on Staffing Procedures for Community, Voluntary Controlled, Community Special Schools and Early Years Centres (and those adopted by Governing
More informationManaging a complaint at work A step-by-step guide
Be prepared In running your business, you expect that at some point there could be a complaint from someone who works for you. It could be to do with their work, where they work, or who they work with.
More informationGRIEVANCE POLICY AND PROCEDURE
GRIEVANCE POLICY AND PROCEDURE Issue Number: 2.0 Issue Date: 23.11.2016 Review Date: 31.08.2016 (to be reviewed in spring 2017) CONTENTS 1. Introduction 2. Scope 3. Definition 4. Right to be accompanied
More informationGlenwood School Redundancy Procedure. May Service
Glenwood School Redundancy Procedure May 2018 Service AMENDMENTS May 2018 No material changes to procedure. 5. Data Protection Insertion of new clause covering data protection. This Model Policy was originally
More informationCAPABILITY POLICY AND PROCEDURE
CAPABILITY POLICY AND PROCEDURE Issue Number: 1.0 Issue Date: 07.04.14 Review Date: 31.03.14 Reference: SPTA/HR/HR CONTENTS 1. Introduction 2. Scope 3. Principles 4. Confidentiality 5. Ill health 6. Grievances
More informationNational Union of Rail M ariti me k Tra nsport Workers
National Union of Rail M ariti me k Tra nsport Workers General Secretary: Bob Crow Our Ref BR6/4/4 Circular IR/207/11 2nd June 2011 TO ALL BRANCHES, REGIONAL COUNCILS AND REGIONAL OFFICES Dear Colleagues,
More informationTetney Primary School. Policy for Whistleblowing
Tetney Primary School Policy for Whistleblowing This is the Lincolnshire Policy which we have adopted. AGREED BY GOVERNORS ON SIGNED BY CHAIR TO BE REVIEWED REVIEWED ON.. REVIEWED ON.. Whistleblowing Policy
More informationSickness Absence Policy Implementation Date: 01 April 2013 Review Date: 01 April 2016
Sickness Absence Policy Implementation Date: 01 April 2013 Review Date: 01 April 2016 1 P age AMENDMENT HISTORY VERSION DATE AMENDMENT HISTORY D1 Sept 13 Addition of branding and formatting changes in
More informationVELINDRE NHS TRUST. Black 27 GRIEVANCE POLICY. Approved by: Welsh Partnership Forum Business Committee
VELINDRE NHS TRUST Black 27 GRIEVANCE POLICY Re-issue Date: 10 th August 2010 Approved by: Welsh Partnership Forum Business Committee Version 2 Implementation and Effective Date: 10 th August 2010 Review
More informationDate of review: Policy Category:
Title: Disciplinary Policy Date Approved by: Approved: February JSPF 2015 March 2015 OD and Workforce Committee October 2016 JSPF Division/Department: Date of review: November 2018 Policy Category: Policy
More informationDefining and Addressing a Community Concern
Defining and Addressing a Community Concern I. WHY IS SEXUAL HARASSMENT A COMMUNITY CONCERN? We cannot tolerate harassment of any member of our community. When sexual harassment occurs, it degrades the
More informationMBS Code of Conduct. MBS places great importance on the values of ethical conduct, efficiency, fairness, impartiality and integrity.
MBS Code of Conduct 1. Purpose MBS values diversity and is committed to achieving a workforce which is inclusive and respectful of each other s differences. We are expected to treat all people we deal
More informationWITH EFFECT FROM 1 JANUARY Many difficulties that arise can be resolved quickly and informally between managers and their staff.
THE GRIEVANCE PROCEDURE 1. INTRODUCTION WITH EFFECT FROM 1 JANUARY 2013 1.1. Many difficulties that arise can be resolved quickly and informally between managers and their staff. 1.2. Every effort should
More informationA report into the professional development needs of Native Title Representative Body lawyers
A report into the professional development needs of Native Title Representative Body lawyers Final Report 7 April 2005 Richard Potok with the Castan Centre for Human Rights Law Monash University Part A
More informationDisclosure of information to trade unions for collective bargaining purposes
HEAD OFFICE 2-8 Gordon Street BELFAST BT1 2LG Tel: 028 9032 1442 Fax: 028 9033 0827 TDD: 028 9023 8411 e-mail: info@ira.org.uk website: www.lra.org.uk REGIONAL OFFICE 1-3 Guildhall Street LONDONDERRY BT48
More informationINDIVIDUAL AND COLLECTIVE GRIEVANCES POLICY AND PROCEDURE
INDIVIDUAL AND COLLECTIVE GRIEVANCES POLICY AND PROCEDURE Individual and Collective Grievances Policy & Procedure Page: Page 1 of 19 Recommended by Approved by HR OD Committee Workforce Committee Approval
More informationGuernsey Employee Misconduct: How to Conduct an Internal Investigation
Guernsey Employee Misconduct: How to Conduct an Internal Investigation Introduction This memorandum considers the requirements for a fair investigation as part of a disciplinary process at work, including
More informationDisciplinary & dismissal policy
Disciplinary & dismissal policy 1 Introduction The aim of this procedure is to ensure the fair and consistent treatment of employees in all matters of discipline and dismissal. This procedure should help
More informationBEFORE USING THIS POLICY ALWAYS ENSURE YOU ARE USING THE MOST UP TO DATE VERSION. Grievance Procedure 1 POLICY DRAFTED BY: HR, NEL CSU
Grievance Procedure 1 POLICY DRAFTED BY: HR, NEL CSU 2 ACCOUNTABLE DIRECTOR: Martin Machray, Director of Quality & Integrated Governance 3 APPLIES TO: All Employees 4 COMMITTEE & DATE APPROVED: NCL Joint
More informationPlease review and confirm the information in the attached summary of information on the appeal structure and process in your jurisdiction.
INTERVIEW QUESTIONS - WORKERS' COMPENSATION INTERNAL APPEALS POLICY AND PROCESS JURISDICTION: QUÉBEC 1. STRUCTURE OF APPEAL PROCESS Please review and confirm the information in the attached summary of
More information2 The policy will be applied fairly, consistently and in accordance with the Equality Act 2010.
CRIGGLESTONE PARISH COUNCIL S DISCIPLINARY POLICY INTRODUCTION 1 This policy is based on and complies with the 2015 ACAS Code of Practice (http://www.acas.org.uk/chttphandler.ashx?id=1047&p=0). It also
More informationResolving workplace disputes The Advice Services Alliance s response to the consultation by the Department for Business Innovation & Skills
Resolving workplace disputes The Advice Services Alliance s response to the consultation by the Department for Business Innovation & Skills April 2011 1 1 About ASA 1.1 ASA is the umbrella body for independent
More informationGRIEVANCE PROCEDURE. For Coast Academies
GRIEVANCE PROCEDURE For Coast Academies Approved 23 rd November 2015 1 Policy Statement Coast Academies encourages open communication between all employees. Our aim is to maintain constructive working
More informationPraise, Suggestions and Complaints Scheme (Talkback)
Praise, Suggestions and Complaints Scheme (Talkback) 2014 / 2015 Written by: Head of Student Engagement Date: April 2015 Approved by: Executive Board Date: May 2015 Review Date: September 2016 Praise,
More informationAre you compliant with the new Consumer Rights Act 2015?
Are you compliant with the new Consumer Rights Act 2015? TrustMark has prepared this guidance to help steer you through the Consumer Rights Act 2015, which came into force on 1 October 2015. This is a
More informationSubmission to CSIRO Independent Investigator for Allegations of Workplace Bullying and Other Unreasonable Behaviour
Submission to CSIRO Independent Investigator for Allegations of Workplace Bullying and Other Unreasonable Behaviour CSIRO Staff Association Friday 31 May 2013 Background The CSIRO Staff Association (the
More informationGRIEVANCE & DISPUTES POLICY
GRIEVANCE & DISPUTES POLICY Policy Author(s) HR Business Partner, Hayley Moorhouse Accountable Manager(s) Jan Snoddon, Chief Nurse Ratified by (Committee/Group) HR & OD Committee Date Ratified June 2015
More information10.3 MANAGING DISCIPLINE
ABERDEEN CITY COUNCIL 10.3 MANAGING DISCIPLINE POLICY & PROCEDURE Issue Number Date Approved Pages Amended 4 30 October 2012 4, 6, 8, 9 and 10 Originator Approved By KF/KT LNCT Contents Section 1: Introduction
More informationCURBAR PARISH COUNCIL DISCIPLINARY AND GRIEVANCE POLICIES
CURBAR PARISH COUNCIL DISCIPLINARY AND GRIEVANCE POLICIES CURBAR PARISH COUNCIL DISCIPLINARY POLICY INTRODUCTION 1 This policy is based on and complies with the 2009 ACAS Code of Practice 1. It is designed
More informationHow the LRA can help. Conciliation Explained
How the LRA can help Conciliation Explained Labour Relations Agency The Labour Relations Agency is an independent, publicly funded organisation. Our job is to promote good employment relations in Northern
More informationLearning Resource. Babcock International Group. Allocate and monitor the progress of work.
Babcock International Group www.babcock.co.uk/theknowledge Learning Resource Allocate and monitor the progress of work Introduction This handout is about ensuring the work required in your area of responsibility
More informationUNIVERSITY HOSPITALS OF MORECAMBE BAY NHS TRUST DIGNITY AT WORK POLICY
UNIVERSITY HOSPITALS OF MORECAMBE BAY NHS TRUST 1 Introduction DIGNITY AT WORK POLICY 1.1 For the vast majority of staff of the Morecambe Bay Hospitals NHS Trust, work is a challenging but rewarding experience.
More informationYOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS
YOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS FOREWORD FAIR WORK ACT 2009 FACT SHEET 1: THE FAIR WORK ACT: AN OVERVIEW FACT SHEET 2: TYPES OF INDUSTRIAL INSTRUMENTS FACT SHEET 3: THE SAFETY NET:
More informationHullbridge Parish Council
Adopted 13 th March 2014 Reviewed 17 th March 2017 DISCIPLINARY POLICY INTRODUCTION 1 This policy is based on and complies with the 2009 ACAS Code of Practice (http://www.acas.org.uk/chttphandler.ashx?id=1047&p=0).
More informationSARH: Disciplinary Policy
SARH: Date: December 2015 Author of the Strategy/Policy: Steve Tolley Due date for review: December 2018 1 Contents No. Details Page 1 Introduction 2 2 Principles 2-3 3 Confidentiality 3 4 The right to
More informationDisciplinary Policy and Procedure. Chair of Governors. Executive Headteacher
Disciplinary Policy and Procedure Signature: Name:.. Chair of Governors Signature: Name:.. Executive Headteacher Date: Date:. Reviewed October 2014 Reviewed November 2015 Reviewed and Amended October 2016
More informationUNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF GRIEVANCE PROCEDURE
UNIVERSITY OF ST ANDREWS STUDENTS ASSOCIATION STAFF GRIEVANCE PROCEDURE The Association recognises that, from time to time, members of staff may have problems or concerns regarding their work or relationships
More informationNationwide Services Group Limited. Equality & Diversity
Page: 1 of 8 31 st January 2017 1. Policy Statement Nationwide Services Group Ltd ( the Company ) is committed to achieving a working environment which provides equality of opportunity and freedom from
More informationSt Thomas More Catholic Primary School
St Thomas More Catholic Primary School Grievance Policy In the development of this policy consideration has been given to the impact on protected characteristics under the Equality Act and the work life
More informationBritish Columbia Carpenter Apprenticeship Program
British Columbia Carpenter Apprenticeship Program Level 2 Line A Competency A-5 Use Safety Committees 7960003545 Ordering Crown Publications, Queen s Printer PO Box 9452 Stn Prov Govt 563 Superior St.
More informationSUPPLY NETWORK GROUP PRIVACY POLICY
Your Privacy Is Important Supply Network Limited and its subsidiaries (together SNL, we, us, our and other similar expressions) respect your privacy. All our staff are required to read this policy and
More informationSprowston Community High School. Whistleblowing Policy
Sprowston Community High School Whistleblowing Policy From July 2017 to July 2018 Contents (Click on the headings below to jump to the relevant section) Model policy guidance [delete once adopted]... 2.
More information1.1 This policy covers the Company s procedure relating to disciplinary issues, where there is suspicion of misconduct.
Disciplinary Policy 1. Overview 1.1 This policy covers the Company s procedure relating to disciplinary issues, where there is suspicion of misconduct. 1.2 It applies to all employees. It does not apply
More informationGRIEVANCE POLICY T H I S P O L I C Y W A S S U M M E R A P P R O V E D : T H I S P O L I C Y W I L L B E R E V I E W E D : S U M M E R
GRIEVANCE POLICY T H I S P O L I C Y W A S S U M M E R 2 0 1 7 A P P R O V E D : T H I S P O L I C Y W I L L B E R E V I E W E D : S U M M E R 2 0 2 0 M E M B E R O F S T A F F W I T H R E S P O N S I
More informationGrievance Policy and Procedure
Grievance Policy and Procedure Policy: HR03 Version: 2 Ratified by: Executive Management Team Date ratified: 13/10/2010 Name of originator/author: Andrew Stewart Name of responsible Senior HR Advisor,
More informationIDEFORD PARISH COUNCIL DISCIPLINARY POLICY
IDEFORD PARISH COUNCIL DISCIPLINARY POLICY The Ideford Parish Council Disciplinary Policy is based on the National Association of Local Councils (NALC) Legal Topic Notice and arrangements issued in February
More informationArchway Academy Independent School ARCHWAY ACADEMY INDEPENDENT SCHOOL DISCIPLINARY AND GRIEVANCE PROCEDURES. 24/10/14- Last Updated 15/12/16 1
ARCHWAY ACADEMY INDEPENDENT SCHOOL DISCIPLINARY AND GRIEVANCE PROCEDURES 1 1.1 Disciplinary Rules We require high standards of discipline from our employees, together with satisfactory standards of work.
More informationSUBMISSION TO THE EDUCATION AND WORKFORCE SELECT COMMITTEE ON THE EMPLOYMENT RELATIONS AMENDMENT BILL
PO Box 10232, The Terrace, Wellington, 6143 Level 4, Co-operative Bank House 20 Ballance Street, Wellington, 6011 Phone: +64 4 472 3795 Fax: +64 4 471 2861 30 March 2018 Web: www.hortnz.co.nz Email: info@hortnz.co.nz
More informationDISCIPLINARY POLICY. 2. The policy will be applied fairly, consistently and in accordance with the Equality Act 2010
DISCIPLINARY POLICY INTRODUCTION 1. This policy is based on and complies with the 2015 ACAS Code of Practice (http://www.acas.org.uk/chttphandler.ashx?id=1047&p=0). It also takes account of the ACAS guide
More informationGrievance policy. Purpose of Agreement. Version 3 Name of Approving Committees/Groups Operational Date June 2016
Grievance policy Please be aware that this printed version of the Policy may NOT be the latest version. Staff are reminded that they should always refer to the Intranet for the latest version. Purpose
More informationComments, Complaints & Compliments policy
Comments, Complaints & Compliments policy Version EKH#2 Last reviewed July 2013 Responsible officer Jonathan Hicks Approved by Board 12 Sept 2011 Next review date May 2015 Related documents Mission Statement
More informationRedundancy Policy. "Where the employer has ceased, or intends to cease, to carry on the business for the
Redundancy Policy POLICY STATEMENT It is the College s policy to aim to provide security of employment through its planning of staffing needs and thus avoid making compulsory redundancies amongst its employees
More informationAcas consultation. on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures
Acas consultation on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures December 2013 Acas consultation on the revision of paragraphs 15 and 36 of
More information