Employee and Contractor Grievance Policy HR-009

Transcription

1 Employee and Contractor Grievance Policy Policy Code: HR-009 Version: Purpose: The purpose of this policy is to provide guidance in relation to the process and approach for raising and resolving employee and contract academic grievances. This document should be used in conjunction with the Employee and Contractor Grievance Procedure. Definition of College The Australian College of Natural Medicine Pty Ltd (ACNM) trades as Endeavour College of Natural Health, FIAFitnation, College of Natural Beauty and Wellnation. For the purpose of this policy, any reference to College or the College should be considered a reference to each or any of these respective trading names. Scope: All employees and contract academics Policy Statement: The College is committed to providing a productive and harmonious working environment. This policy applies to grievances arising from internal work-related issues and aims to maintain effective working relationships by ensuring that grievances are handled quickly, with minimum distress and maximum protection to all parties, thereby reducing the likelihood of escalation of minor problems or grievances. A proactive approach is required by all parties to ensure a resolution is achieved. Employees and contract academics will not be disadvantaged in employment/engagement conditions or opportunities as a result of lodging a grievance or complaint. Where an employee or contract academic has a work related grievance that affects their work performance or satisfaction, the College s procedures will assist in resolving the issue to facilitate improvement within the employee's/contract academics working environment. Authorised by: CEO Version: 4.0 Page 1

2 A work-related grievance is any type of problem, concern or complaint where an employee or contract academic believes that he/she has received unreasonable treatment from the College and/or an employee of the College and wishes to bring the grievance to the College s attention. There are two types of work-related grievances, namely: behaviour which does not contravene any laws or legislation, such as interpersonal conflicts, personal issues or work practices; and potentially unlawful behaviour which, depending upon its nature, may be covered by legislation that will determine how these grievances are handled. This distinction is important because it may determine how a grievance is dealt with and the extent and type of documentation required. The grievance process is not intended to express dissatisfaction about contractual obligations such as remuneration and does not apply in instances of: College action required by legislation which require the College to deal with a matter in a particular way decisions made by the College Council the content of approved College policies or procedures; or disciplinary matters, i.e. unsatisfactory performance, misconduct and serious misconduct. Policy Application As a general principle, any decision or action taken by an employee or contract academic of the College that generates a grievance should be raised initially by the complainant(s) with the employee/contract academic who made the decision/action, and, on those occasions when the grievance still remains unresolved, to subsequently raise the concern with the employee's/contractor s manager. An effective grievance resolution process that facilitates early intervention as grievances arise is an important element in developing a productive and harmonious work environment. Grievances that are not addressed have the potential to grow into major problems that may cause tension, low morale and reduced productivity. Unresolved or poorly handled grievances may also lead to litigation. Grievance resolution is an integral part of a manager s day-to-day responsibilities. Wherever possible, grievances should be resolved through an informal process of discussion and cooperation between the parties involved in a way that minimises the potential for detriment to on-going working relationships. Authorised by: CEO Version: 4.0 Page 2

3 Principles of Grievance Handling Grievances should be treated seriously, expeditiously, sensitively and as close as possible to their source having due regard to procedural fairness, confidentiality and potential for victimisation Concerns should be raised as early as possible after the incident relating to the complaint has occurred and within 12 months Complainants should not instigate grievances that are frivolous or malicious The College aims to offer support for all parties and protect employees and contract academics from any victimisation or repercussions for reporting issues in good faith All parties are required to participate in the grievance resolution process in good faith Grievances and information arising from the handling of any grievance must be treated confidentially The principles of natural justice will be observed throughout. This means that before a decision is taken about them, employees and contract academics have the right to be informed about the nature and content of the grievance, have the right to be heard and have the right to have an unbiased decision maker Communication will occur regarding the process, timeframes and expected actions during the process and outcomes where necessary Documentation will be established in relation to investigatory activities undertaken. Responsibilities The College has established the principles by which work-related grievances are handled and a framework for the management of grievances according to equity principles and legislative requirements. All managers, employees and contract academics have a responsibility to contribute to the achievement of a productive, safe and equitable work environment at the College. They also have particular responsibilities as detailed below. The Manager - Grievance resolution is an integral part of the duties of managers and coordinators. Responsibilities include: Applying the above principles when responding to a grievance complaint Identifying, preventing, responding to and addressing problems in the workplace Working with individuals to openly resolve issues through informal direct negotiations where possible, within the required timeframes specified in the Employee and Contractor Grievance Procedure, whilst promoting a consultative approach and a continuous improvement philosophy Authorised by: CEO Version: 4.0 Page 3

4 Encouraging facts to be collated and thoroughly documented so that matters may be objectively investigated Responding appropriately and efficiently to grievances and managing the process according to the policies and procedures of the College Ensuring everyone understands the process for grievance resolution Offering and obtaining advice on further action if a local resolution is not achieved Follow-up and monitoring when issues have been resolved Ensuring the involved parties are not victimised; and Refer grievances which are unable to be informally resolved, are of a complex nature, which involve serious misconduct or are unlawful in nature to the Human Resource Department. The Human Resources Department: Responsibility for consulting on the management of the process where it is escalated beyond Level 1 of the procedure. Co-ordinating the process, ensuring that all parties are informed of the process and that the process is completed within allocated time frames. The human resources department also reserve the right to initiate an investigation without a formal complaint being made. The Complainant is required to participate in the process in good faith and take prompt action in notifying a grievance. The Respondent is required to participate in the process in good faith whilst the matter is being investigated and resolved. Director Human Resources is responsible for investigating grievances or deciding on the investigation approach to be adopted related to unlawful discrimination and sexual harassment in accordance with these procedures and making final decisions. Related Procedures: Employee and Contractor Grievance Procedure Definitions: Complainant - The employee(s) or contract academic(s) notifying a grievance relating to harassment, bullying or discrimination by an employee. Contract Academic includes individuals engaged for services within the Academic department and can include, but is not Authorised by: CEO Version: 4.0 Page 4

5 limited to; Lecturer, Tutor, Trainer/Assessor, Clinic Supervisor, Online Academic and Short Course Facilitators. Grievance A workplace grievance may involve any act, omission, situation or decision, related to the work environment, that an individual believes is unfair, unlawful, unjust or discriminatory. It may also include acts of workplace harassment, bullying, and occupational violence. Manager for Academic roles, may include the Senior Lecturer or VET Trainer/Assessor Respondent - The employee(s) or contract academic(s) against whom the complaint is made. Serious Misconduct includes but is not limited to: Wilful or deliberate behaviour by an employee or contract academic that is inconsistent with the continuation of the contract of employment/engagement contract or conduct that causes imminent and serious risk to health or safety of a person or the reputation, viability or profitability of the employer's business; or The employee or contract academic, in the course of employment/engagement, are involved in: o theft; or o fraud; or o assault; or The employee or contract academic being under the influence of drugs or alcohol at work in line with the Drug and Alcohol policy; or The employee or contract academic refusing to carry out a lawful and reasonable instruction that is consistent with the terms of the contract. Further Information: Employee & Contractor Related Policies: Employee and Contractor Code of Conduct Equal Employment and Anti-Discrimination Policy Workplace Bullying Policy Sexual Harassment Policy Authorised by: CEO Version: 4.0 Page 5

6 Health, Safety and Environment Policy Employee Assistance Program Policy Benchmarking: Supporting Research and Analysis: Related Documents: Related Legislation: Guidelines: Authorised by: CEO Version: 4.0 Page 6

7 Policy Author: Policy Owner: Contact: Approval Body: Policy Status: Responsibilities for Implementation: Key Stakeholders: Director - Human Resources, Donna Benjamin National HR Business Partner Human Resources team hr@endeavour.edu.au Chief Executive Officer Meeting date: 28 February 2011 Revised All Managers, Directors and HR Department HR Department All Staff Version History Version Date Author Details Jan 09 D. Benjamin Original draft May 10 M. Brydevall Reformatted Oct 10 D. Benjamin Reviewed and updated Dec 10 K. McGuicken Reviewed and updated Feb 11 N. Chaperon Approved document; title changed; completed admin info Aug 12 J. Hanly Updated with header and college information Sep 12 D. Benjamin Included Employee Assistance Program Policy in related policies list Nov 12 D. Benjamin Removed Resolution from Title July13 C Smalbil College changed to new version control system within Sharepoint (refer to The Source for further version history). Authorised by: CEO Version: 4.0 Page 7