Human Resource Management Policy SECTION 7

Transcription

1 Harvey Health Group manages Human Resources to ensure that adequate numbers of appropriately skilled and trained staff/volunteers are available for the safe delivery of care and support to clients. Our organisation accesses expert external advice and information on human resource management if required There are adequate staff and volunteers to provide quality support that meets the assessed needs of clients and funding requirements Staff and volunteers with appropriate skills and competence are recruited Ongoing supervision and support, comprehensive training programs and annual performance reviews enhance the skills and competence of staff There are adequate staff numbers at all times All staff and volunteers have a Federal Police Check and reference checks Human resource management processes are continually reviewed and improved FORMS AND RECORDS Employment Checks Register Application Pack Covering Letter Information About South West Community Care Expression of Interest for Employment Guidelines for Expressing an Interest Employment Contract Position Descriptions Expression of Interest Register Staff Handbook Personnel Files Human Resource Forms Corporate Calendar Quality Drive Quality Drive Quality Drive Quality Drive Quality Drive Human Resources Drive Human Resources Drive Quality Drive Quality Drive Human Resources Drive and Office Quality Drive Quality Drive Updated June 2016 Page 1

2 TABLE OF CONTENTS 7.1 Human Resource Support Staff Recruitment Recruitment Policy Equal Employment Opportunity Process for Filling a Vacant Position... 4 Figure 7.1 Staff Recruitment Processes Induction Procedures Supervision of New Staff Employment Contracts and Position Descriptions Staff Code of Behaviour Values Staff Information Staff Files Employment Checks Reference Check and Qualifications Verification Police Check Registration Check Drivers Licence Check Contractors Staff and Volunteer Dress Code and Uniforms Staff Supervision and Support Employee Assistance Program Performance Development Reviews Staff Education and Training Staff Training Staff Development Opportunities First Aid Staff Training Records Staff Reimbursements For Attending Training Staff Disciplinary Procedure Suspension Notification of Disciplinary Meeting Warnings Termination Staff Grievance Procedure Employee Appeal Confidentiality Frivolous Claims Misconduct Minor Offences Gross Misconduct Employee Appeals Termination Of Employment By Employer Termination Of Employment By Employee Workplace Bullying (information from the Worksafe website) Workplace Bullying Definition The Effects Of Workplace Bullying What Employees Can Do About Workplace Bullying Natural Justice What Isn t Workplace Bullying?...24 Updated June 2016 Page 2

3 Duties Of South West Community Care (The Employer) Duties Of Employees Under The Act In Relation To Bullying Lodging A Workplace Bullying Osh Enquiry With Worksafe Other Legislation That May Be Applicable To Workplace Bullying Leave Personal/Carer s Leave Notice And Evidence Requirements Personal/Carer s Leave Relief Unpaid Carer s Leave General Unpaid Leave Annual Leave Relief Personal/Carer s Leave Relief Timesheets and Contract Hours Timesheets Contract Hours Time In Lieu Travel Reimbursements and Travel Time Travel Reimbursements Travel Time Employee Exit Procedure Volunteers Volunteer Policy Volunteer Management Reimbursement Of Costs Monitoring Human Resource Management Processes and Systems...32 Updated June 2016 Page 3

4 7.1 Human Resource Support Harvey Health Group ensures the effective management of human resources through its own Human Resource Department and by accessing support and information from the following expert agencies: Aged Care Services WA (ACSWA) and The Chamber of Commerce and Industry (CCI) Other specific human resource management consultants if required. In addition, all staff involved in the recruitment and management of staff attend training, as required by their role. 7.2 Staff Recruitment We have a range of staff to ensure that the organisation is effectively managed and services meet the needs of clients. These are outlined in the organisation structure in Reporting Process (Figure 1.1: Management Structure) RECRUITMENT POLICY All staff are recruited according to our Equal Employment Opportunity Policy (see below) The Human Resources Manager is responsible for the recruitment of service staff and delegates as appropriate The Board of Management is responsible for the recruitment of the Chief Executive Officer EQUAL EMPLOYMENT OPPORTUNITY Our organisation chooses the best person for the job regardless of: Race Physical, intellectual or psychological impairment Gender Age Sexual orientation Marital status Family status and responsibility, including pregnancy Religious or political beliefs, activities or practices Spent convictions. Equal opportunity principles are followed in all areas of staff management. Individuals are appointed based on their ability to meet criteria that are consistent with the role and position description. Information and training, when appropriate, on equal employment opportunity and staff recruitment processes is provided to all staff and Board members involved in staff recruitment PROCESS FOR FILLING A VACANT POSITION 1. Review the position and selection criteria The Human Resources Department will develop or review the position description and essential and desirable selection criteria which are attached to each position description. 2. Advertise Internally The Human Resources Department will advertise the position, internally, in the first instance. Updated June 2016 Page 4

5 2. Advertise Externally, if a suitable applicant is not available within the organisation Positions are advertised in local newspapers, on community noticeboards, on the organisation s website or on other internet job search sites. South West Community Care has a policy of employing local people where possible. Advertisements include: Information about our organisation Primary role of the vacant position Point of contact for further information How to apply Closing date A copy of the most recent advertisement for all positions is maintained on the Human Resources Drive for use in developing new advertisements. The following documents are ed, given or mailed to the applicant as a pack: Application Pack Covering Letter Information About South West Community Care Expression of Interest for Employment Guidelines for Expressing an Interest Position Description Details of prospective applicants are recorded on the Expression of Interest Register by the Human Resources Officer. 3. Set up a selection panel The selection panel is responsible for shortlisting, interviewing and selecting the successful applicant. For the employment of the Chief Executive Officer the selection panel comprises of: The Chairperson, and Two other Board members. For the employment of all other personnel the selection panel comprises of: The Human Resources Manager or Human Resources Officer, and The immediate line manager, Human Resources organises the recruitment interview. Panel members participate in the interview process. 4. Shortlist applicants The selection panel assesses all applications and shortlists applicants on their stated ability to meet the essential selection criteria. If necessary, further shortlisting is undertaken using desirable selection criteria. Applicants who are shortlisted are contacted by Human Resources to arrange an interview. 5. Interview applicants The selection panel prepares interview questions prior to the interviews and records those questions on an Interview Questions document. All applicants are asked the same questions. The questions explore the applicant s relevant skills and experience to perform the duties and are based on the selection criteria. Updated June 2016 Page 5

6 Immediately following each interview, a summary of the interview is recorded on the Interview Questions document which is held on each applicant s file. The summary assists in the selection of the most suitable applicant and assists in providing feedback to unsuccessful applicants. When all interviews have been completed the preferred applicant is selected by the selection panel. Recruitment decisions and reasons for them are documented by the chair of the panel. 6. Conduct pre-employment checks When a successful applicant has been identified a Letter of Offer is made conditional on the following pre-employment checks: Eligibility to work in Australia Pre-employment Medical National Police Clearance Registration/Licencing/Qualification Check (as applicable to role) The procedures for conducting these checks are described in 7.8 Employment Checks. 7. Offer of employment Human Resources advises the successful applicant by telephone and arrange a start date. Human Resources immediately send the successful applicant a Letter of Offer specifying the key terms and conditions of employment, including the provision for a six-month probationary period, for signing prior to commencing employment. 8. Advise unsuccessful applicants All unsuccessful applicants are advised in writing of the outcome of their application immediately following the appointment of the successful applicant. Unsuccessful applicants are advised that they may request feedback. This is provided by the Chair of the interview panel. Alternate Recruitment Process Work Trial Periods There are two exceptions to utilising the standard recruitment process. These are: 1. When a prospective employee is a student engaged in training in the Certificate III in Aged Care, Certificate III in Home and Community Care or an equivalent qualification. The student completes the work placement component of their qualification with South West Community Care and this period is considered to be a Work Trial Period. If the student is then deemed to have performed competently during the work trial by the relevant supervisor or supervisors, they may be offered a position, providing a vacancy exists. This negates the necessity to undertake Steps 1 to 5, and Step 8 in the Recruitment Process. 2. When a prospective employee undertakes casual work with South West Community Care, this period can be considered to be a Work Trial Period. If the employee is then deemed to have performed competently during the work trial by the relevant supervisor or supervisors, they may be offered a position, providing a vacancy exists. This negates the necessity to undertake Steps 1 to 5, and Step 8 in the Recruitment Process. A flow chart of the Recruitment Processes appears on the next page. Updated June 2016 Page 6

7 Figure 7.1 Staff Recruitment Processes Alternate Process Commence Work Trial Period with casual employee or student Review Performance after work trial period concludes Standard Process Review Position Description Advertise the Position Set up Selection Panel Compile Job Application Packs Review Applications & short-list Applicants Position Description Job Application Pack Deemed competent? Position available? YES YES Conduct Interviews Select the Preferred Applicant and Write Recommendation Conduct Referee Checks on the selected applicant If checks are OK, advise the selected applicant they are the preferred applicant Letter of Offer Arrange Pre-employment Medical and Request a Federal Police Clearance Offer the Applicant the Position Advise unsuccessful applicants in writing or by phone Draw up a Contract of Employment Contract of Employment Commence Employee Induction Updated June 2016 Page 7

8 7.3 Induction Procedures Items covered when a new employee commences are described in detail in the Staff Volunteer Induction Checklist. The new employee also receives a copy of the Staff Handbook which they are required to read. They then sign off that they have read and understood all sections of the handbook. The signed page is retained in their employee file. The immediate line manager of the new employee conducts the induction and completes the Staff Volunteer Induction Checklist as the induction progresses. The Staff Volunteer Induction Checklist can be completed over one or more sessions but is fully completed within four weeks of a person commencing employment. All forms and documents signed by the employee, including a copy of the signed Staff Volunteer Induction Checklist, are filed in the employee file with copies provided to the employee as appropriate SUPERVISION OF NEW STAFF New support staff are supervised and orientated to their position by a mentor or buddy who is allocated by the Supervisor. Staff members in more senior positions are mentored by other senior staff. The duration of support is dependent on the new staff person s skills and experience but at least two support worker shifts are supervised by another support worker once general induction is complete. 7.4 Employment Contracts and Position Descriptions All employees are required to sign an employment contract before commencement of work. The terms of the contract are based on the conditions specified in the Social, Community, Home Care and Disability Services Industry Award of Some additional (higher) conditions may be added to the contract. The contract includes basic pay and conditions, leave provisions, superannuation options, salary sacrifice options and above-award payments (if applicable). Employees are required to sign an Employment Contract which is reviewed annually in June. All employees (paid and unpaid) have a Position Description which specifies roles and responsibilities. All Position Descriptions are available in the Human Resources R Drive. Position Descriptions are reviewed and updated when a staff member leaves and annually during the performance appraisal to ensure relevance and currency to the role. Each person is provided with a copy of their Position Description prior to commencing employment and whenever their Position Description is changed. 7.5 Staff Code of Behaviour All staff are required to comply with the Code of Conduct as outlined in the Staff Handbook. This encapsulates the respectful, safe and professional delivery of support to our clients, representatives, contractors, the community and any other stakeholders. Employees are required to sign the Staff Handbook declaration on commencement. This includes acknowledging the code of conduct. A breach of the code will result in disciplinary action. The Selection Criteria for all positions include the requirement that staff behave according to South West Community Care s values, which are as follows: Updated June 2016 Page 8

9 7.5.1 VALUES We value respectful relationships, integrity, fairness and accountability in the conduct of the Group's business with a commitment to continuous improvement and openness to innovation. Our organisation operates with the following values regarding clients: We value the ability for community members to live as independently as their circumstances allow We value the benefit of community members to interact with all age groups, the natural world and the community We value the contribution of community members in decision making on issues affecting them We value the skills, knowledge and experience of community members We value the right of community members to enhance their well-being by having opportunities for social interaction and for participation in meaningful activities. Our organisation operates with the following values regarding business practices: HONESTY to ourselves, our jobs, our colleagues and the community EMPATHY for vulnerable members within our community RESPECT based on human dignity, cultural awareness, respect for individual needs and differences, respect in our communications to individuals and groups in the community, and to each other OPENNESS we will be open with the community and each other; the only exception being where there is organisational risk FAIRNESS consistency and equity in our decisions and processes, in dealing with the community and each other ACCOUNTABILITY for ourselves, our team and our organisation, and, LOYALTY to our colleagues and our organisation. 7.6 Staff Information New employees are required to read the Staff Handbook, clarify any points they may be unsure of, then sign a declaration in the front of the handbook, that they agree to abide by all policies, codes and directives contained in the handbook. The signed declaration will be held on the employee s personnel file. 7.7 Staff Files A staff personnel file is maintained for each employee. It includes their Expression of Interest for Employment form Signed Employment Contract Position Description Police Clearance Signed Staff Induction Checklist Signed Staff Handbook Declaration Copies of Referee Checks Personal Details Record Copies of Qualifications and other certificates. Employees are entitled to see their file at any suitable time. Updated June 2016 Page 9

10 7.8 Employment Checks An Employment Checks Register is maintained that includes information on police checks, First Aid qualifications, other qualifications, driver s licence currency, professional registration checks and Australian residency check. It is maintained by Administration and is updated regularly REFERENCE CHECK AND QUALIFICATIONS VERIFICATION The chair of the interview panel for all new staff contacts two referees of the preferred applicant. Referees are asked to comment on the person s ability to carry out the duties of the position applied for. Referees comments are noted in writing on the Section 7 Referee Check V2 form. This process also includes verifying the applicant s qualifications. Originals or certified copies of the applicant s qualifications must be sighted and recorded, prior to appointment POLICE CHECK A National Police Certificate is required for all employees and volunteers. Employees arrange the application at their own cost and are reimbursed this cost at the conclusion of their probationary period. Volunteers Police Checks are completed by the organisation, via the National Police Check for Volunteers Program, at no cost to the volunteer. The certificate can be obtained through the internet or an Australia Post outlet. 100 points of identification are required to apply and the Australia Post representative witnesses the applicant s signature. Our organisation follows the Commonwealth HACC Program Police Certificate Guidelines 1 underpinned by the Accountability Principles 1998 and Aged Care Act 1997 for all workers. The following principles apply: Police certificates, not more than three years old, must be held by all staff members including employees, volunteers and contractors. The administration team enters the relevant information into the Employment Checks Register. The Police Certificate is copied and filed in the employee s file. If the applicant has committed an offence, the nature of the offence, the penalty and when it occurred are considered by the selection panel before proceeding with employment. A previous conviction does not necessarily disqualify a person from employment with our organisation unless it is a conviction for murder, sexual assault or other assault. Three months prior to the police check expiring, each staff member is advised that a new police certificate is required. When staff members provide the updated certificate the information in the Employment Checks Register will be updated. All subsequent police checks are paid for by South West Community Care. If staff members do not provide an updated police certificate before the expiration of the existing certificate, they will not be permitted to work until a valid police certificate is obtained. Staff and volunteers are required to advise their Supervisor if they are convicted of any offence in the three year period between obtaining and renewing their police clearance. The implications this offence may have in terms of the employment of the individual will be examined on a case-by-case basis. If an employee is convicted of a precluding offence 2 in the three year period between obtaining and renewing their police clearance, the person will not continue as a staff member or volunteer. 1 Commonwealth of Australia 2012 Commonwealth HACC Program Manual Appendix F Commonwealth HACC Program Police Certificate Guidelines 2 A precluding offence is an offence that prevents staff working in aged care, including: having been convicted of murder or sexual assault or convicted of, and sentenced to imprisonment for any other form of assault. Updated June 2016 Page 10

11 Assessing Volunteer Police Checks If a police check returns an offence, Human Resources assesses the case and notifies the Line Manager of any possible disqualification. The nature of the offence, the penalty given and when it occurred is taken into consideration. A previous conviction does not necessarily disqualify a person from volunteering. Submission of a Police Check for a Volunteer is submitted by the organisation via the National Police check for Volunteers Program: REGISTRATION CHECK Relevant health professionals are required to provide a copy of their current registration. A copy of their current registration is held on their personnel file DRIVERS LICENCE CHECK All staff who drive company vehicles are required to provide a copy of their valid driver s licence with the appropriate classes shown CONTRACTORS The contract signed between our organisation and contractors requires that they or their staff or subcontractors have a current police clearance and professional registrations as appropriate. This is monitored by the Human Resources Manager STAFF AND VOLUNTEER DRESS CODE AND UNIFORMS Uniforms All employees of South West Community Care (SWCC) are expected to present a professional appearance at all times whilst at work or when representing this organisation. The uniform style, fabric and colour has been selected and approved by the employer. Employees can claim a tax deduction for the laundering of this uniform. Employees may choose not to wear the uniform provided. However, a professional standard of attire suitable for the workplace and their position is expected. This requirement is as per the conditions detailed in the SWCC Staff Code of Conduct and specified in the dress code (below). Supervisors can give employees guidance on suitable attire. Personal clothing is not to be embroidered with the company logo, only the uniform supplied will bear the company logo and agency name. The number of items (eg. shirts) to be supplied is based on the number of days the employee works for SWCC, that is employees presenting for work one day per week will be issued with one shirt, two days per week two shirts, and employees presenting for three to five days per week three shirts. Employees will be issued with a uniform once they have successfully passed through their probationary period, or at the discretion of their line manager. Volunteers are supplied with one shirt and a lanyard or badge. Dress Code Employees are expected to maintain a high standard of personal hygiene at all times, adhering to this policy whilst providing services. It is a condition of employment that: (a) Employees will wear shoes appropriate to the risks they are exposed to in the workplace (b) Employees will wear any personal protective equipment where provided and directed by team leaders and where infection presents a risk (c) Employees will ensure they have a presentable standard of dress and grooming, including cleanliness of clothing and shoes. Personal Protective Equipment (PPE) Items relating to OSH personal protective equipment (PPE) will be supplied to employees on the basis of position and need. PPE is prescribed in the OSH section of the quality system. Updated June 2016 Page 11

12 Return of Uniforms When an employee or volunteer leaves the employ of SWCC they are required to return all uniforms issued to them for the purposes of recycling and supporting sustainability. Return of the issued uniform also ensures the SWCC uniform is not available outside the organisation, and can prevent potential security issues eg. a person using the uniform to impersonate a staff member. 7.9 Staff Supervision and Support Supervision and support are important for ensuring that staff are supported in their work and that their work is carried out effectively. Additionally, supervision sessions provide an opportunity to follow up on staff development issues noted in staff development reviews. The small number of staff working in our organisation means that ongoing supervision and support is continuously provided informally. To ensure that staff have an opportunity to address problems or issues the supervisor also provides staff with a formal supervision session annually through a performance development review session (see 7.10 Performance Development Reviews). New staff have their initial performance development review session when they have completed six months of service. Thereafter their performance is reviewed annually in March/April. Support workers and other staff have regular informal meetings with their supervisor to ensure that they are supported and are aware of changes to support for clients and have an opportunity to provide input and feedback regarding operations. The line manager/supervisor of each staff position provides supervision and support as per the organisation structure in Reporting Process (Figure 1.1: Management Structure) EMPLOYEE ASSISTANCE PROGRAM Staff can receive personal support to deal with workplace and personal issues that impact upon their performance, health and wellbeing. The aim of personal support is to clarify the problem, identify options and develop a plan for a constructive resolution. Examples of issues include: Work pressures and problems Conflict with clients or colleagues Stress and pressure related to client issues Grief and bereavement Personal trauma Family problems. Support Available Staff may choose to discuss their need for support with their immediate supervisor. If the staff member feels unable to approach the supervisor, they may contact the Human Resources Manager. The supervisor/ can offer several options to the staff member: Resolve the issue with the staff member Assist the staff member to complete a Feedback Form and refer the matter to the Human Resources Manager Use the Staff Grievance Procedure Organise training so that the staff member can gain knowledge and skills that will assist them with the issue Suggest and arrange professional counselling for the staff member through the Employee Assistance Program if the employee agrees to this course of action. Updated June 2016 Page 12

13 Employee Assistance Program The Employee Assistance Program (EAP) is a professional, confidential counselling service provided by Bunbury Counselling. The Group pays for a maximum of three counselling sessions, after which the staff member may decide to attend further sessions at their own expense. The Human Resource Manager may, at his/her discretion, agree to pay for further sessions, in some circumstances. All EAP consultations are confidential. The counsellor does not share information with the employer unless the staff member authorises the sharing of information about work-related issues. The EAP is available to paid employees of South West Community Care and immediate family members. Employee Assistance Program Process The process for arranging an EAP consultation is: The employee contacts Bunbury Counselling for an appointment on Contact Details The employee must state that they are accessing South West Community Care s EAP The employee attends up to three sessions of counselling The counsellor invoices the group for the service without divulging the name of the staff member or details of the session(s) Bunbury Counselling Level 2, Bunbury Plaza Offices 123 Spencer Street Bunbury, WA 6230 Phone Performance Development Reviews Harvey Health Group is committed to supporting staff to improve their efficiency and effectiveness. Staff are expected to perform their duties to the best of their ability and to show a high level of personal commitment to providing a quality, professional service at all times. Performance development reviews are conducted annually in consultation with the staff person and their line manager/supervisor using the Staff Performance Appraisal form. Performance development reviews are based on Position Descriptions and agreed objectives. The aims of the review are: To allow open discussions about work between the employee and supervisor To discuss the employee's job performance in the relation to their Position Description To discuss means of improving work performance including identification of training and development needs or changes to work practices To review and reward the employee s work performance with formal recognition and/or an incremental pay rise. Performance issues are not to be left to the performance development review but are dealt with as they occur. These issues may, however, be raised in the review as part of the overall assessment of the employee s performance. On completion of the performance development review both the employee and the supervisor sign the review form. The staff person and the supervisor are responsible for implementing any agreed actions (respectively) and recording these on the form and in the Training Spreadsheet (see Staff Training Records). The completed form is stored on the employee s personnel file on the Human Resources R Drive. Updated June 2016 Page 13

14 7.11 Staff Education and Training Our organisation provides appropriate training and development opportunities for all employees and volunteers. This includes: Annual reviews of all positions and position descriptions to ensure the skill levels required for each position reflect the responsibilities of the positions The identification of training needs through ongoing staff input, management input and annual performance development reviews and at recruitment The provision of training to meet identified needs Opportunities for all staff and volunteers to attend training Ongoing evaluation of training to ensure it meets staff and volunteer needs and improves the operations and services by way of feedback to the training provider STAFF TRAINING Staff and volunteers working for the organisation complete the following training: Induction on commencement (see 7.3 Procedure for New Staff) including information provided on delivering safe services including privacy and confidentiality, advocacy, promoting independence, client handbook and available services, other community services and resources feedback and complaints processes, maintaining a safe workplace (OHS issues), duty of care and legal responsibilities associated with work Fire and emergency evacuation training, including annual fire drills if centre-based staff Senior first aid training (or renewal) for staff directly involved with clients, and basic first aid for volunteers directly involved with clients (optional). Manual handling and chemical handling for staff directly involved with clients and/or cleaning chemicals Infection control for staff providing Personal Care to clients Food safe handling training for staff involved with preparing food either in the Day Centre (CBDC) or in the client s home providing Other Food Services Vehicle orientation for volunteer drivers using sedans and buses to provide Transport services to clients STAFF DEVELOPMENT OPPORTUNITIES The Group will support its staff in training and development activities that are relevant to the staff member s position and, at the same time, will benefit the organisation. Support may include: payment of tuition fees, resource fees or other expenses associated with the training and development activity flexibility of working hours to participate in an accredited course of study part-time or externally at a recognised training organisation purchase of resources such as texts, videos and research literature relevant to the training and development Updated June 2016 Page 14

15 There are three categories of training and development and three related levels of support: 1. Training and development that has been identified as a requirement of the position. This type of training and development will be 100% supported and paid for by the Group. For example: All direct service staff are expected to maintain a current First Aid Certificate. Staff members who do not have a qualification when they commence will be trained within the first three months of employment. This training, and future updates of this training will be arranged by the supervisor and the Group will pay 100% of the costs as well as supporting the employee s training in other ways as described above. 2. Training and development that would be desirable in the position OR training that is identified in the performance management process as being necessary for the employee s future career path within the Group. This type of training will benefit the organisation, but will also benefit the employee by giving them the skills and experience they may use in other environments and for other employers. For example: It may be desirable for a percentage of the domestic assistance workers to gain a qualification in the Certificate III Aged Care. Not all workers will need to gain this qualification, and the qualification is portable to other employment. The Group will arrange to pay 50% of fees and negotiate other forms of support. 3. Training and development that does not directly relate to the employee s position description. This type of training relates to the personal goals of the employee, but does not benefit the organisation in any direct way. The Group will not support this type of training and development. For example: An employee may have an interest in gaining a qualification in child care, however, the Group s business does not include child care and therefore this training cannot be supported. All forms of support are to be negotiated with the supervisor and may involve advice from Human Resources. Updated June 2016 Page 15

16 Figure 7.2 Training Approval Process Training need identified in PA or recruitment by supervisor and employee Supervisor and employee determine the type of training and level of support Supervisor seeks approval from Human Resources Manager Approva Approval l Given? NO Supervisor advises employee YES Supervisor arranges training or development FIRST AID See Section STAFF QUALIFICATIONS AND MANDATORY TRAINING STAFF TRAINING RECORDS The Administration Team records staff training attendances for mandatory and other training in the employee s personnel file. Copies of formal certificates and other qualifications are held on file STAFF REIMBURSEMENTS FOR ATTENDING TRAINING Staff travelling to training away from their usual place of work are entitled to be reimbursed as follows: Wages are paid for employees to attend training. The start time is from the time of leaving the office to time of return or in the case of an overnight stay, the time training finishes for the day. For example: an employee may leave Harvey at 6.00am to travel to Perth for training and the course finishes at 4.30pm. The total hours for the day would be 10.5 hours less 30 minutes for the usual unpaid lunch break. If travelling up and back in one day then the work hours start from the time the staff member leaves home and ends at time when staff return to home (for example: 6.00 am start and return home at 8.00pm which is total 14 hours less 30 minutes for the usual unpaid lunch break. Updated June 2016 Page 16

17 An allowance will be paid for evening $35.00 per person per day and $15.00 per person for breakfast. Evening meal and breakfast allowances are only paid when an employee is required to stay overnight away from home as part of their training. Employees will be required to provide receipts to payroll for this to be reimbursed in next pay. Overnight stays will be approved by the Chief Executive Officer prior to being taken. Accommodation will be arranged for the employee by through the business and paid for by South West Community Care. Staff are encouraged to take a company vehicle to attend the training, however, if a company vehicle is not available, they will arrange train travel if suitable. The cost of the train fare will be reimbursed to the employee. If an employee chooses to use their own car to travel to and from a training event, they will be reimbursed an amount of money equivalent to the relevant train fare for the journeys Staff Disciplinary Procedure The staff disciplinary procedure will be employed when there is an identified inability or unwillingness of the employee to utilise skills to carry out tasks associated with a particular position competently. It also applies to situations where employees have breached the Code of Conduct. The procedure provides staff with an opportunity to improve their performance through formal feedback and/or training. Reasonable trial periods will be set for the employee to demonstrate that they have improved their performance and are able to maintain the expected standards over a period of time. The following is the procedure for dealing with inappropriate behaviour or performance issues, which have not been resolved through informal feedback or counselling. It does NOT refer to cases of gross misconduct, which would result in instant dismissal (see Section 7.14 Misconduct) SUSPENSION In some cases, it may be necessary to conduct an investigation. Investigations may be required to determine the facts surrounding an allegation of misconduct and/or the extent of a problem and subsequent risk to others or to the wider organisation. In the event that an investigation is to be carried out, the employee may be suspended from duties, on full pay, while the investigation is being conducted. Notification of suspension must be provided to the employee in writing, providing the reason for the investigation and the period of suspension. If the Supervisor intends to suspend the employee, agreement to do so must be reached with the Human Resources Manager, prior to issuing a notification of suspension NOTIFICATION OF DISCIPLINARY MEETING The Supervisor will notify the employee of the Supervisor s intention to conduct a formal disciplinary meeting via the Notification of Disciplinary Meeting Form. The employee must be given at least 24 hours notice of the meeting. The Notification of Disciplinary meeting outlines the: date, time and place of the meeting nature of the problem possible consequence of the meeting option for a Support Person to be present The Supervisor and the Human Resources Manager will meet with the employee, outline the implications of the employee s actions and seek an undertaking by the employee. Any assistance needed by the employee will be identified and provided where possible. A follow up date will be scheduled for review, providing an appropriate amount of time for the employee to improve their performance and demonstrate that they are able to maintain the standard, consistently. Updated June 2016 Page 17

18 The Human Resources Manager will record summaries of these meetings, under the heading Verbal Warning, Written Warning or Final Written Warning on File Notes and place the file notes in the employee s personnel file. File notes are to be signed by the Supervisor, Human Resources Manager and Employee WARNINGS There are three types of warnings that can be utilised during disciplinary action: 1. Verbal Warning 2. Written Warning 3. Final Written Warning While it is usual for the warnings to be administered in order, there is flexibility to allow a supervisor to start the process at any step, depending on the risk to others, or the wider organisation. If a supervisor intends to begin with a Written Warning or issue a First and Final Written Warning as the first step, agreement to do so must be reached with the Human Resources Manager prior to notifying the employee of the intention to hold a disciplinary meeting TERMINATION In the event that the employee does not improve and maintain an agreed standard of performance after the a Final Written Warning has been issued, the employee may be terminated by the Chief Executive Officer. The Human Resources Manager will record this outcome, actions will be instigated and recorded under the heading Termination of Employment on a File Note and the note placed in the employee s personnel file Staff Grievance Procedure The staff grievance procedure specifies the procedures staff can follow if they have a grievance about something such as their employment conditions, their supervisor or the Board of the Group. All grievances should be dealt with promptly, fairly and adhering to the principles of natural justice. Step 1 The employee should raise the issue with the person concerned in the first instance, giving them the opportunity to address the grievance verbally. It is hoped that most issues can be resolved at this level. The issue must be raised within one week of the occurrence that caused the grievance to arise. Step 2 If the issue is not resolved in Step 1, the employee should provide a written statement of the grievance to their immediate supervisor on a Feedback Form for confidential discussion and resolution. The employee should retain a copy of the form. Addressing the grievance must occur within one week of the feedback form being submitted and hence two weeks after the occurrence that caused the grievance to arise. Step 3 If the issue is not resolved in Step 2, the employee can take the grievance to the Human Resources Manager on the Feedback Form. The Human Resources Manager will arrange for the employee and supervisor to meet, with the Human Resources Manager acting as a mediator. The employee may be accompanied by an advocate or representative. Addressing the grievance must occur within one week of the feedback form being submitted and hence three weeks after the occurrence that caused the grievance to arise. Step 4 If the issue remains unresolved, the employee should take their grievance to the Chief Executive Officer on the Feedback Form. The lodgment of the grievance must occur within four weeks of the occurrence that caused the grievance to arise. Addressing the grievance must occur within one week of the feedback form being submitted to the Chief Executive Officer and hence five weeks after the occurrence that caused the grievance to arise. Step 5 If the issue remains unresolved, the employee should take their grievance to the Board Chairperson on the Feedback Form. The Chairperson will raise the issue with the Board at its next meeting. The lodgment of the grievance must occur within six weeks of the occurrence that caused the grievance to arise. Updated June 2016 Page 18

19 The Board shall make a decision on the issue and advise the employee as soon as possible after the meeting. This decision is final. Note 1: If the grievance is lodged against the Human Resources Manager, the grievance will be referred to the Chief Executive Officer in Step 3. If the matter is not resolved, the complainant may go straight to Step 5. Note 2: If the grievance is lodged against the Chief Executive Officer, the grievance will be referred to the Human Resources Manager in Step 2. The Human Resources Manager will complete the actions in Step 2 & 3. If the matter is not resolved, the complainant may go straight to Step 5. Note 3: If any grievance is unresolved after Step 5, it may be referred to external arbitration. Note 4: If the grievance is lodged against any senior manager where there is a perceived imbalance of power, the employee may be accompanied by an advocate or representative at any step of the process. Note 5: If a lodged grievance cannot be dealt with within the time frames specified, an explanation will be given to the aggrieved employee and an alternate response date provided, with the intent being that the matter is dealt with as expediently as possible EMPLOYEE APPEAL The Chief Executive Officer and members of the Executive Team will ensure that their decisions are in line with the relevant legislation, which govern the employment of staff. If an employee believes they have been unfairly treated, they may consult with the relevant Union or the Industrial Relations Commission of WA. If an employee believes they have been unfairly discriminated against they may refer the issue to the Equal Opportunity Commission. Employees are made aware of their rights to consult with the Industrial Relations Commission or the Equal Opportunity Commission CONFIDENTIALITY Employees and others directly concerned with lodging, receiving and resolving the grievance will maintain confidentiality of the grievance and all parties involved in the grievance FRIVOLOUS CLAIMS If an employee lodges a frivolous and vexatious grievance, which is proven to be unsubstantiated, and with the intent of discrediting another employee or management, the employee will be subjected to disciplinary action. Note: such action is considered an act of gross misconduct and attracts instant dismissal. Please see the grievance procedure diagram on the following page. Updated June 2016 Page 19

20 Figure 7.3 Employee Grievance Process Grievance flagged 1 Employee encouraged to raise issue with employee concerned 2 Issue Resolved NO Employee encouraged to use Feedback Form which is given to their supervisor YES Feedback Form END Supervisor acts on grievance Issue Resolved YES END NO 3 Grievance raised with Human Resources Manager who acts on it Issue Resolved YES END NO 4 Employee takes grievance to CEO who acts on grievance Issue Resolved YES END NO 5 Employee takes grievance to Board Chairperson who acts on grievance The decision is final Employee has option of taking their grievance to external independent arbitration Updated June 2016 Page 20

21 Human Resource Management SECTION Misconduct MINOR OFFENCES Minor Offences attract the first step of the staff disciplinary procedure. Examples of minor offences include: Failure to follow the policies and procedures of the organisation (providing the behaviour does not relate to an act of Gross Misconduct) Acting in an unsafe manner on the job Poor work performance Offensive behaviour e.g. Telling jokes that may offend, inappropriate touching, transmitting offensive material Suspicion of drug or alcohol use which may affect work performance Refusal or failure to obey reasonable directions of the employee s supervisor or manager GROSS MISCONDUCT Acts of Gross Misconduct constitute a serious breach of the Code of Conduct, which warrant the instant dismissal of an employee. Examples of gross misconduct include: theft of property or funds from the organisation; wilful damage of organisation property; intoxication through alcohol or other substances during working hours; refusal to perform an allocated job, without a substantiated reason; verbal or physical harassment of another employee, client, volunteer or member of the Board; the disclosure of confidential information in respect to the organisation to any other party without prior permission; the disclosure of information concerning the clients of the organisation other than the information that is necessary to assist clients and to ensure their safety; carrying on a private business from Group premises or using the service's resources for private business; using the service s resources to commit a criminal offense using the service s resources to access pornographic material falsification of any organisation's records for personal gain or on behalf of any other employee; lodging a frivolous and vexatious grievance, which is proven to be unsubstantiated, with the intent of discrediting another employee or management; discrediting the organisation or members of its Board EMPLOYEE APPEALS If an employee feels that they have been unlawfully dismissed, they are encouraged to seek advice from Fair Work Australia. Updated June 2016 Page 21

22 Human Resource Management SECTION TERMINATION OF EMPLOYMENT BY EMPLOYER Except in instances of gross misconduct warranting immediate dismissal, the employer shall give notice in writing as specified below or payment in lieu of notice to any employee whose employment is to be terminated. Where the employee has been employed: less than 1 year, 1 week s notice must be given; 1 year and up to the completion of 3 years, 2 week s notice must be given; 3 years and up to the completion of 5 years, 3 week s notice must be given; 5 years and over, 4 week s notice must be given. In addition to the above, employees over 45 years of age and with 2 or more years continuous service shall receive 1 additional week s notice. During the period of notice the employee shall be allowed up to one day off with pay for the purpose of seeking other employment. In cases of gross misconduct, the Chief Executive Officer may dismiss the employee without notice and with no salary payable for any period following the time of dismissal. The employee may appeal to the Board as specified in the previous section employee appeals TERMINATION OF EMPLOYMENT BY EMPLOYEE When the employee wishes to terminate their employment with The Group, the employee shall give notice in writing to the Human Resources Manager The period of notice shall be as per the conditions as described above, based on years of service with The Group Workplace Bullying (information from the Worksafe website) WORKPLACE BULLYING DEFINITION Workplace bullying can be defined as repeated, unreasonable or inappropriate behaviour directed towards a worker, or a group of workers, that creates a risk to health and safety. A workplace situation can be identified as bullying if a worker or workers are: harmed; intimidated; threatened; victimised; undermined; offended; degraded; or humiliated. whether alone or in front of co-workers, visitors or clients. While some workplace bullying may involve verbal abuse and physical violence, bullying can also be subtle intimidation with inappropriate comments about personal appearance, constant criticisms, isolation of workers from others and unrealistic, embarrassing or degrading work demands. Workplace bullying can also be carried out via letters, and telephone text messages. Updated June 2016 Page 22