Scope This procedure applies to all staff working within Synod operations and Synod-based ministries.

Transcription

1 TYPE: Operations - People & Culture DATE: 26 October 2017 Grievance procedure Parent policy Grievance policy Scope This procedure applies to all staff working within Synod operations and Synod-based ministries. The procedures outlined in this policy are comprehensive and many grievances may not progress through all the stages. This procedure does not prevent any party from seeking a legal solution in accordance with their legal rights. Additionally, committees, work support groups and other similar groups may exercise a pastoral role in respect to involved parties with whom they are associated. Employees involved in a grievance should seek their Manager s assistance or the assistance of an Advisor, as appropriate. Procedures Please refer to section A of this document for Grievance procedures. Definitions Advisor: A person (Manager or staff member) who is trained to support and provide advice to parties raising or responding to a grievance. Complainants and Respondents may request the assistance of an Advisor at any time. Assistance from an Advisor refers to, but is not limited to: Decision making about pursing grievance resolution under this policy Generating written documentation Attendance and support at meetings Ensuring that the Complainant or Respondent understands the steps and stages of the resolution procedure and why decisions have been made Speaking on behalf of the others at meetings as requested Ensuring impartiality Boundaries: A boundary is the outside limit of what is appropriate in relation to professional behaviour regarding the physical, psychological and emotional factors related to workplaces. Appropriate boundaries are maintained for the health and wellbeing of all employees and for the benefit of the organisation. Boundaries include appropriate use of information (public and private), the distribution of material or personal information belonging to another, interpersonal communication and the demonstration of behaviour in alignment with the ethos and values. Boundaries may also refer to maintaining appropriate relationships so that grievances resolutions can be coordinated by those acting impartially and without conflicts of interest. Complainant: A person who raises a grievance or complaint. Conciliation Conversation: A conversation in which the parties to a dispute, with the assistance of a neutral third party (the Conciliator), identify the disputed issues, develop options, consider alternatives Grievance procedure 1

2 and endeavour to reach an agreement. Conciliator: A neutral third party (and under this policy this role will be performed by the Organisational Development Coordinator). A primary function of the Conciliator is to facilitate the Conciliation Conversations at the Notified Procedure stage. However the Conciliator may also determine the process for conciliation whereby resolution is attempted, make suggestions for resolution, and actively encourage the participants to reach an agreement. The Conciliator does not 'determine' the outcome. Coordinator: In this policy this term refers to the person responsible for the overall management of the Notified Procedure, as defined by this policy. Delegate: A person who has been delegated to fulfil or complete the duties assigned to her/him. Director: A Synod employee with the title Director in their position description. Dispute: A dispute is a disagreement or contest over a specific set of facts or how they are implemented or interpreted. It is common that a Dispute leads to a grievance claim. Employee Assistance Program (EAP): The Synod s Employee Assistance Program (EAP) is confidential and anonymous. The sole purpose of this service is to assist employees through the provision of a high quality, readily accessible counselling service. Employees do not need the approval of their manager to access this service. To access the service please contact Caraniche on to make a confidential appointment. Executive Director: May refer to any of the following role titles: General Secretary Associate General Secretary Executive Director, Commission for Mission, Chief Executive Officer, Funds Management Executive Director, Administration and Finance Director, Communications & Media Services Director, People & Culture Executive Director, AgeWell Executive Director, Centre for Theology and Ministry Synod Liaison Minister (TAS) External party: A person raising a grievance who is not employed by the Synod. This can include, but is not limited to ex-employees, clients, customers, suppliers, contractors, volunteers, minister, Uniting Care Agency employees and clients, UCA school employees or students, congregational members or members of the public. Facilitation: under this policy refers to the resolution process within the Manager Assisted Procedure. The person facilitating resolution is a Manager that both parties agree to. Final Determination: If the matter(s) in dispute remain unresolved, the Fair Work Commission may make a formal determination and the parties agree to abide by the determination. The Fair Work Commission can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. Final Recommendation: A final set of recommendations provided by the Coordinator at the Notified Grievance stage to resolve outstanding grievance matters following a Conciliation Conversation and a Grievance procedure 2

3 Workplace Conference. General Secretary Oversight Group: A group that oversees the General Secretary role and will, under this policy manage a grievance against the General Secretary at the Notified Grievance stage. Grievance is: A real or impression of wrong doing causing resentment, and regarded as grounds for complaint. A feeling of resentment or injustice at having been unfairly treated Problems that may cause employees or external parties to feel aggrieved may include, but are not limited to: An action or inaction by an employee, colleague, peer or manager An employment-related decision Changes to work processes and/or work arrangements Disciplinary and/or performance management action Manager: Synod employees with the title Manager in their position description. Minister: Includes Minister of the Word, Deacon, Pastor, Lay Pastor, person accredited to the specified ministry of Youth Worker or person eligible for commissioning to the specified ministries of Ministry of Pastor. Natural Justice/procedural fairness: The process is fair, gives both parties the opportunity to respond to others comments, and the decision making is based on sound evidence and free from bias. Privacy and Confidentiality: In all matters within the workplace, recognition is given to the importance of appropriate confidentiality in the implementation of processes, and the respect for privacy. Respondent: A person (or person representing a work area) against which a complaint claim is being made. Synod: The Uniting Church in Australia Synod of Victoria and Tasmania Volunteer: A person who works at a Synod site in a voluntary capacity. Workplace Conference: The second resolution conversation in the Notified Procedure. The Workplace Conference is facilitated by the Conciliator and involves the participation of the Coordinator and the parties directly involved. Related policies and procedures Grievance policy Workplace Ethos & Values Bullying, harassment & sexual harassment policy Bullying, harassment & sexual harassment procedure EAP Emotional & Psychological support procedure Inclusion policy Inclusion procedure Related documents Lay Staff Collective Employment Agreement UC Camping Lay Staff Collective Employment Agreement Equal Opportunity Act 2010 Fair Work Act 2009 Occupational Health and Safety Act 2004 Grievance procedure 3

4 Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) VERSION: APPROVAL POLICY MANAGER REVIEW DATE 1: Senior Leadership Team Director People & Culture 27 January : Senior Leadership Team Director People & Culture 26 October 2019 Further assistance Contact People & Culture for interpretation, advice, coaching and support with this procedure. Members of People & Culture may act as Advisors as defined in this procedure. Parties to a grievance are to be advised of the Employee Assistance Program (EAP). All parties involved in resolving a grievance should read the Grievance policy. The Synod will ensure that Managers and Advisors are trained and capable of providing advice and support in relation to this procedure. Until a dispute or grievance is resolved, work shall continue normally in accordance with the custom or practice existing before the dispute or grievance while discussions take place. No party will be prejudiced as to the final settlement by the continuation of work in accordance with this procedure. Health and safety matters are exempt from the requirements of this paragraph and parties involved in a grievance are to be consulted about any alteration to work arrangements requested during the resolution process. Grievance procedure 4

5 Section A: Grievance procedures 1. Raising a grievance A grievance must be raised within 30 working days after the incident, decision or aggrieved action has occurred. The Complainant should seek the assistance of the person they report to for example Manager/ Director and/or an Advisor as appropriate, prior to raising a grievance. It is recommended that the Director People & Culture (or delegate) be advised by the Complainant of a grievance at the earliest opportunity, to support the resolution process. The nature of the grievance must be specific. A grievance may relate to, for example, a decision, a change, and/or behaviour. Relevant times, dates and locations of the incident(s) giving rise to the grievance should be clear, and other people involved or witnesses identified. Grievances between staff members may be resolved at any point of the three sequential procedures outlined below (2. Self-managed resolution, 3. Manager-assisted procedure and 4. Notified procedure). Grievances involving managerial staff, the Moderator and/or external parties may be resolved at any point of two sequential procedures outlined below (Self-Managed and Manager-Assisted procedures). 2. Self- managed resolution procedure The first step to resolving a grievance must be through the Self-Managed Procedure. Parties must be willing to resolve a grievance by addressing it directly and in person at the local level. Parties need to adopt the assumption of best intentions and use constructive and clear communication. Advisors may provide support to each party, at any stage of the resolution process during this Self-Managed Procedure. a) The Complainant should be clear about the specific nature of the grievance. b) The Complainant should arrange to meet the Respondent at a suitable time and place. Allow sufficient time to avoid feeling rushed. c) The grievance should be discussed by focusing on behaviour not the person. A calm tone and open body language will assist communication. An example of an effective communication approach is as follows; Thank you for making time to see me. The purpose of meeting with you today is to talk through and resolve something that has become a problem for me with regards to the way we work together. You may not realise it and I am sure it is not intended that when you [insert the specific example of unwanted behaviour e.g. raise your voice, exclude me, withhold information, put me down in meetings or in front of others), I felt [insert feeling intimidated / uncomfortable / stressed]. I find this behaviour [challenging / creates difficulties for me / stressful / unacceptable/ distracting] and so I am asking if there may be some other way of working / doing this. d) Make meeting notes and identify agreed outcomes. e) If resolution has not been achieved through the Self-Managed Procedure, the matter f) Will progress to either the Manager Assisted Procedure (procedure 3) or the Notified Procedure (procedure 4). 3. Manager-assisted procedure (staff member disputes) a) If the matter is related to staff member/s and has not been resolved by the Self-Managed Procedure, the Manager Assisted Procedure is the next step. Grievance procedure 5

6 b) Managers involved in this process should notify their Director and if required seek their support. Managers overseeing this procedure should be confident and familiar with this policy. c) A Manager may talk to both parties individually to clarify the nature of the grievance. d) Once the Manager is clear about the matters of concern he/she will facilitate a conversation between the parties to resolve the matter. Confidential discussion records are to be maintained. e) Agreed outcomes are to be documented and copies are to be provided to all parties. f) Any adjustments to work arrangements must be documented, included in personnel files and put into place within identified timeframes. g) If the grievance has not been resolved through the Manager Assisted Procedure, the Notified Procedure will apply. 4. Notified procedure If resolution has not been achieved through the Self-Managed and Manager Assisted Procedure, the Notified Procedure is the next step. To ensure timely resolution this procedure includes timeframes. Under the Grievance policy, those responsible for the overall management of the Notified Procedure are referred to as the Coordinator. The Coordinator will attempt to resolve the dispute or grievance, either directly or by delegation, and with the assistance of a Conciliator. The Coordinator may request to meet with relevant Managers and/or any other people at any time to assist the resolution process. Coordinators must declare any conflicts of interest, and any previous involvement in the matter before them. Appropriate levels of management (or their delegate) relevant to the grievance will act as Coordinators and are as follows: Notified grievances against or involving Synod staff or an external party will be coordinated by the relevant unit Director Notified grievances against or involving a Director or between employees who work in different Units (within a department) will be coordinated by the relevant departmental Executive Director Notified grievances against or involving an Executive Director, will be coordinated by the General Secretary Notified grievances against or involving the General Secretary, will be coordinated by the General Secretary Oversight Group The Coordinator must notify the Director, People & Culture (or delegate) as soon as a Notified Procedure has commenced. The Director People & Culture will meet with the Coordinator to clarify the contents of this policy and the requirements outlined under the Notified Procedure. The Notified Procedure may involve all three of the key resolution components: a) Conciliation Conversation b) Workplace Conference c) Final Recommendations 5. The Notified Grievance procedure 5.1. Parties involved The parties involved in an investigation include the complainant, the respondent, contact officers / support people, an investigator and (in some cases) witnesses Support person Both the complainant and the respondent may have a support person in attendance for all parts of this procedure. The support person must not be from the respondent s work area, be involved in the process, or be someone that who will be interviewed in relation to the matter. Grievance procedure 6

7 5.3. Suspension of employment duties If the Synod considers it appropriate for the safe and efficient conduct of an investigation, parties involved may be required not to report for work during the investigation period. Parties will be paid their normal pay during any such period The procedure will be as follows: The grievance must be submitted to the Coordinator in writing. Parties to the Notified Grievance will be informed in writing that a Notified Grievance process has been initiated. a) The Coordinator will meet with the Complainant to confirm and clarify any details within three to five working days (depending on complexity) of receiving the written grievance notification. b) The Coordinator will meet with the Respondent to hear a response to the complaint/s within three to five working days (depending on complexity) of meeting with the Complainant. Responses to grievance claims may be requested in writing. c) The Coordinator will review the grievance and response documents. d) The Coordinator will brief the Conciliator. Parties will be required to participate in a Conciliation Conversation to endeavour to reach agreement and resolve the grievance/s. e) The grievance process may end at this point. Resolved matters will be documented and provided to both parties in writing within two working days of the Conciliation Conversation. f) If there are matters that remain unresolved, the Coordinator will request additional information in writing. Additional information must be provided within two working days of the Coordinator s request. The information needs to provide reasons as to why resolution matters have not been resolved. g) Additional information will be reviewed and considered in the light of the next resolution opportunity, a Workplace Conference. h) Parties are required to participate in a Workplace Conference for final resolution. Resolved matters will be documented and provided to both parties, in writing within two working days. i) If there are matters that remain unresolved after the Workplace Conference, the Coordinator will make recommendations for final resolution. This must be must be provided to both parties in writing within five working days of the Workplace Conference. j) Both parties will have the opportunity to provide a written response to resolution recommendations within two working days. k) Relevant submitted responses will be considered and a Final Recommendation will be provided to both parties within two working days of response receipt. l) Measures relevant to a Final Recommendation are to be implemented within ten working days of the written notification. m) Records relating to changes to working arrangements must be filed on personnel files. Temporary arrangements requiring review dates must be reviewed accordingly. n) The Coordinator should review work arrangements within the first six weeks, to ensure the maintenance of a respectful and productive working relationship. 6. Escalation/referral If the dispute or grievance is still unresolved, parties to the grievance may request that the Notified Procedure be repeated and managed by the next level Coordinator up to the level of the General Secretary. The General Secretary Oversight Group will only coordinate grievances against the General Secretary. Alternatively the unresolved dispute or grievance may be referred to a body agreed to by both parties Grievance procedure 7

8 (and independent of management) for Final Determination within the Church. 7. Fair Work Commission If a dispute about a matter or matters arising under Lay Staff Collective Employment Agreement or the UC Camping Lay Staff Collective Employment Agreement is unable to be resolved at the workplace level, and all the steps under this policy have been taken, the matter(s) in dispute may be referred to the Fair Work Commission (FWC), or a nominated member of FWC, for private mediation and, if that is unsuccessful, for formal determination. 8. Step One Private Mediation Before the private mediation, the parties will confer informally with the FWC about matters of procedure, such as: The presentation of each side s position (whether oral or in writing); Confidentiality requirements; Representation at the conciliation; Timing, location and duration of the conciliation; and Any further particulars about Fair Work s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the employee and the employer will observe confidentiality about all aspects of the matters in dispute. The purpose of referring the matter to the Fair Work Commission is so that they may facilitate resolution of the dispute. The Fair Work Commission will therefore be requested to: Help the parties identify and define the matter(s) in dispute; Help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; Where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost-effectively; and Act as the facilitator of direct negotiations between the parties During the mediation process either of the parties may request that the Fair Work Commission discusses the matter individually with the parties and/or their representatives, the content of such discussions to be private and confidential. Either party may request/ authorise the Fair Work Commission to convey all or part of the discussion to the other party. 9. Step Two Formal Determination If the matter(s) in dispute remain unresolved, the Fair Work Commission may make a formal determination and the parties agree to abide by the determination. Before making its determination the Fair Work Commission will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination, the Fair Work Commission will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. The Fair Work Commission can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. The Fair Work Commission will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the Fair Work Commission under the Fair Work Act Grievance procedure 8