DRAFT ER & OHS FRAMEWORK 2023

Contents Introduction ..............................................................................................................................

Philosophy Statement and Pillars .........................................................................................

Employment Relations (ER)....................................................................................................

At a glance ........................................................................................................................

Consultative Framework ..................................................................................................

Union/Regulatory Body Engagement Model ....................................................................

Industrial Agreements Map

Occupational Health and Safety ............................................................................................

At a glance ........................................................................................................................

OHS Assurance Program ..................................................................................................

Levels of Accountability ....................................................................................................

OHS Management System ................................................................................................

Safe and Well Community.................................................................................................

Consultation Mechanisms ................................................................................................

Emergency Management ..................................................................................................

Framework Review ..................................................................................................................

Case Management Framework .........................................................................................

Complexity ........................................................................................................................

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Introduction The Employment Relations/OHS Framework of Catholic Education Sandhurst Limited (CES Ltd) provides the basis on which Employment Relations (ER), Industrial Relations (IR) and Occupational Health and Safety (OHS) are managed across organisation.

The intent of this Framework is to outline the philosophy, goals and responsibilities that will ensure ER, IR and OHS are successfully managed and achieved within CES Ltd. As outlined in the Mission, CES Ltd aims to ensure ‘excellence and growth in faith, learning and wellbeing for each student through the provision of quality education’. This ER/OHS Framework is designed to support and promote this Mission and reflects the importance of individual identity of Sandhurst Catholic Schools whilst maintaining the principles of solidarity.

As of 1 January 2021, CES Ltd assumed the ownership and operation of 52 Catholic schools and the Catholic Education Office. In addition, CES Ltd supports 4 schools that are owned and operated by religious institutes and two Early Childhood Education and Care settings owned and operated by CES Ltd subsidiary entity, Sandhurst Catholic Early Childhood Education and Care Limited (SCECE&C Ltd).

This ER/OHS Framework is a living document that is subject to change based on the dynamic nature of the employment and industrial relations environment, and OHS context and to reflect this, the Framework will evolve over time as the function matures.

Philosophy Statement and Pillars Philosophy Statement At the heart of CES Ltd Vision, is the commitment ensuring the ongoing duty of care for CES Ltd staff, children and young people. CES Ltd recognises that employees are the most important asset of any organisation and the overall ER and OHS strategy has been since its inception to build one sustainable organisation with open and clear direction and communication between the employer and employees.

CES Ltd believes in the dignity of each employee and expects fairness, respect and openness. The Vision, Mission and Values of CES Ltd will be incorporated into all ER, IR and OHS practices, with a central focus being on ensuring no harm. Although conflict is inevitable, when it arises, it will be managed in with procedural fairness and reviewed with a lens of continuous improvement for innovation and growth.

Purpose The purpose of the ER/OHS Framework is to help inform CES Ltd of the requirements, responsibilities and processes required to ensure a safe working environment, positive employment relations and the achievement of sustainable outcomes.

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Foundation The ER/OHS Framework supports the CES Ltd Strategic Plan by providing the pillars to support ER and OHS across the system.

PILLAR

STATEMENT

SAFETY

Our priority is to ensure no harm to our staff, children, young people and educational communities, and will put measures in place to deliver this.

FAIRNESS

We ensure that all that we do is underpinned by the principles of procedural fairness.

LEADERSHIP

We are Leaders in our field and innovate new processes to suit our evolving needs.

We are courageous and not afraid to challenge the status quo.

We consult, collaborate and build relationships with key stakeholders and we pay attention to the needs of those around us.

RELATIONSHIPS

ACCOUNTABILITY

We acknowledge and respect the relationship that we have with the environment and will implement initiatives to continuously improve sustainability practices.

We always act ethically and consider the needs of staff, children, young people and educational communities to deliver a transparent and legislatively compliant function.

These pillars provide the guiding principles that will direct the team as we continue to build a function that provides legislatively compliant and meaningful support, leadership and resources.

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EMPLOYMENT RELATIONS (ER) At a glance Goal Statement: by the end of 2024, all identified stakeholders will have a consistent baseline understanding ER. They will have a fully functional toolkit to support them in completing repeatable processes in a consistent and compliant manner.

GOAL 1

STATEMENT Leaders are prepared and equipped to solve problems when they arise.

Leaders understand their obligations and have strategies to ensure them.

2

Leaders know how to self-help, where to find information and how to interpret it to their situation.

Leaders understand when to involve the ER Team and when to escalate.

3

A minimum standard of policies and procedures will be created and embedded to ensure compliance.

4

The CEMEA 2022 is embedded, and key stakeholders are provided training opportunities to ensure they fully understand their obligations.

Consultative Framework CES Ltd recognises the benefits of communicating directly with our employees wherever possible.

Employees are encouraged to have genuine input to decisions about workplace issues at an individual, team and organisational level.

School-Level Consultative Committees School-level Consultative Committee are on a cyclic basis in schools and are intended to: •

Promote consultation at the local level.

•

Facilitate communication between local union representatives, union organisers, employees and Leaders; and

•

Provide a forum for local issues to be resolved at the local level.

Other consultation forums across CES Ltd include the CES Ltd Feedback Form, Safety Matters and communications, such as Communication Matters.

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Union/Regulatory Body Engagement Model

There are two Union bodies that apply within CES Ltd, the Independent Education Union (IEU) and the Australian Nursing and Midwifery Federation (ANMF).

The model will be built on four guiding principles and is underpinned by the knowledge that some level of risk may be accepted in order to achieve mutual outcomes.

Industrial Agreements Map Current as of July 2023- Industrial legislation framework not listed below.

AWARD/AGREEMENT CES Ltd Catholic Education Multi Enterprise Agreement (CEMEA)

COVERAGE Replacement Agreement for the VCEMEA 2018.

Most school staff, including: •

Teaching Staff

•

Primary School Principals

•

Deputy Principals

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Victorian Early Childhood Agreement (VECA)

•

CEO Admin employees

•

Education Support Staff (i.e., IT Support, Admin, Learning Support)

•

School Services Officers (i.e., Cleaners, Gardeners, Bus Drivers)

•

Health Support staff (i.e., School Nurses, Psychologists, Speech Pathologists).

Most SCECE&C Ltd Centre Staff: •

Kindergarten Teachers

•

Kindergarten Assistants

•

Centre Director.

Education Services (Teachers) General Staff Award

Underpins the CEMEA.

Education Services (Schools) General Staff Award

Underpins the CEMEA and VECA

Children’s Services Award

Provides coverage for Outside School Hours Care staff.

Provides the CRT Pay Rate.

Provides coverage for Instructor, such as Instrumental Music Teachers, Outdoor Education Instructors or Sports Coaches, and Boarding School Staff (not applicable in the Sandhurst Diocese).

Underpins the VECA.

Clerks – Private Sector Award Health Professionals and Support Services Award Award-free employees

Underpins the CEMEA and VECA. Underpins the CEMEA.

Some staff are not provided coverage under any Awards/Agreements.

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OCCUPATIONAL HEALTH AND SAFETY (OHS) At a glance The Framework helps to clarify health, safety and wellbeing responsibilities and assists schools and our leaders to understand their accountabilities and acquit their obligations.

Goal Statement: This Framework acts as a guide as to how all CES Ltd staff will contribute to an improved safety culture and to acquit their legal obligations for health, safety and wellbeing.

GOAL

STATEMENT

MEASURE

1

Defining, evaluating and planning to address shared challenges.

• •

identify key OHS risks monitor and calibrate the OHS risk profile to identify emerging risk and improve practice

2

Building and promoting OHS leadership.

•

embed a consistent and targeted OHS communication strategy enhance monitoring and reporting

•

3

Fostering a safety culture through inclusion, ownership and accountability.

• •

build OHS capacity and ensure a safety lens is applied to the way we work enhance OHS committee structure and capacity

4

Establishing targeted and tailored risk management programs aligned to key risks.

• •

prioritise key OHS risks design risk controls and safe work systems

5

Implementing systems, governance, compliance and assurance for continuous improvement.

•

put in place systems, policies and procedures to manage risk evolve reporting systems to report hazards and implement lessons learned

•

Progress on these actions will be tracked and reported quarterly across the organisation. This Framework will be evaluated at the end of each year, along with OHS key performance indicators.

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OHS Assurance Program CES Ltd’s OHS Assurance Program ensures a proactive and supportive approach to confirming schools are implementing the OHS management system and contextualising it to their needs in order to manage the health, safety and wellbeing of CES Ltd workforce.

To ensure a thorough OHS Assurance process, from 2023, CES Ltd conducts a number of regular, targeted and ad hoc audits, reviews and other assurance activities. The purpose of these assurance activities depends on the specific activity (for example, OHS, financial assurance, enrolment data verification) but are typically required to meet legislative, compliance and risk management requirements.

On occasion CES Ltd may conduct targeted, ad hoc or other audits and reviews for specific reasons or at the request of the school, including for example after a significant incident or near miss.

The OHS Assurance Program provides proactive support to confirm schools are implementing the OHS management system to manage health, safety and wellbeing, consistent with the Occupational Health and Safety Act 2004 (Vic). It is a supportive assessment of each school’s safety management practices.

The program enables schools to: •

manage key occupational health, safety and wellbeing matters

•

review current safety systems of work

•

identify opportunities to improve safety management

•

verify that they are providing healthy and safe workplaces.

Information on the OHS Assurance Program, including the OHS Assurance Program school assessment guide and fact sheet is available here (link).

Levels of Accountability The structure of the Framework is informed through the accountabilities contained in the OHS Act, WIRC Act, and responsibilities in the CES Ltd Frameworks, including the Delegations Framework and Risk Management Framework, and the Occupational Health and Safety Management System. Our approach is to make the distinction between roles and responsibilities as they relate to the leadership of health and safety, including the required safety accountabilities and workers’ compensation obligations.

HEALTH, SAFETY AND STAFF WELLBEING CES Ltd Board

• •

Ultimate accountability for health, safety and wellbeing resides at this governance level.

Develop a strong understanding of the risks that they are charged with controlling in each capacity (i.e., as a member of Executive Board, within leadership portfolio).

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• • • •

CES Ltd Executive Leadership Team (ELT)

• • •

• • •

Principals

• • •

• • Individual

• • • •

CES Ltd People and Culture Team

• •

Are assured that CES Ltd systems and supports are effective for managing risks and injuries and reducing administrative burden.

Set the priorities, establish the values that shape the Framework.

Take reasonable precautions and ensure that CES Ltd is acting in a reasonably practicable manner for health, safety and wellbeing.

Consider how significant new initiatives or changes to work practices impact on health and safety and take steps to mitigate identified risks.

Take action that any reasonable person would use to prevent and reduce hazards and risks to health, safety and wellbeing.

Know CES Ltd’s health, safety and wellbeing obligations and how they are managed.

Take reasonable precautions for health, safety and wellbeing, including leading the resolution of escalated employee health, safety and wellbeing matters.

Monitor performance and support the allocation of resources based on risk and need.

Ensure that employees and delegates access resource and supports offered by CES Ltd. Delegate as appropriate and consider how new initiatives or changes to work practices impact on health, safety and wellbeing and take steps to mitigate identified risks.

Where staff manage or supervise other staff, students, contractors or visitors, be responsible for health, safety and wellbeing of those staff, students’ contractors or visitors under their control.

Ensure appropriate arrangements are in place for the health, safety and wellbeing of staff, students, contractors and visitors.

Responsible for ensuring the safety of work areas directly under their control: schools, offices, laboratories, stores and off-site workplaces such as camps and manage assets as per the obligations of Victorian School Building Authority’s School Asset Management Roles and Responsibilities Framework.

Ensure that workers are provided with the work environment, tools, facilities and processes for work to be carried out safely.

Consult with workers in relation to risks to health, safety and wellbeing, and controls in place to manage the risks.

Take reasonable care for their own health, safety and wellbeing in the workplace.

Contribute to team wellbeing, and care for colleagues, students and others in the workplace.

Cooperate with reasonable directions and comply with health, safety and wellbeing policies and procedures.

Not intentionally or recklessly interfere with or misuse anything at the workplace that is designed to protect and support health, safety and wellbeing.

Support the continuous improvement in employee health, safety and wellbeing through evidence-based prevention, advice, support, response, recovery and strategy functions.

Oversee the development of effective policies, procedures and systems.

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•

Manage audit, reporting and response functions. Ensure provision of support services to prevent risks to health, safety and wellbeing (e.g., Employee Assistance Program, OHS Advisory Service).

EMERGENCY MANAGEMENT TBC once Policy is approved by Board CES Ltd Board

• •

Act with due diligence over emergency management compliance.

Ensure CES Ltd meets, and that policies are consistent with legislative requirements, duties and obligations.

CES Ltd Executive Director, supported by the Executive Leadership Team

•

The overall management of CES Ltd’s capability to prepare for, respond to and recover from incidents, including the establishment and appointment of the CES Ltd ECO. Assigning the role of CES Ltd Emergency Management Officer to a CES Ltd Office staff member/s as deemed appropriate.

Delegating as appropriate to the ECO the following operational responsibilities to implement CES Ltd’s Emergency Management Policy:

• •

• • •

CES Ltd Emergency Management Officer(s)

•

•

• • •

•

Designing, deploying and oversighting emergency management strategies and processes to plan for, respond to, and recover from, emergencies.

•

Developing and maintaining the following procedures to support relevant resilience strategies and processes: •

Incident Management Matrix

•

Emergency management procedure

• Other disaster recovery procedures Reviewing and establishing business continuity processes and procedures.

Carrying out regular reviews to test the validity and practicality of emergency management strategies processes, procedures and plans Ensuring that processes and procedures are in place to ensure all staff are trained to implement relevant emergency management strategies, processes, procedures, and plans.

Ensuring CES Ltd workplaces develop strategic and operational plans to introduce measurable improvements in emergency management, including oversight of schools' emergency management preparedness and planning.

Coordinating, organising and recording regular meetings of the CES Ltd ECO and coordinating the timely review and implementation of relevant emergency management strategies and processes to plan for, respond to, and recover from, emergencies.

Ensuring that emergency management and incidents (including but not limited to, preparedness, planning and incidents) are reported to regulatory agencies, as required by legislation and standards.

Coordinate and support the development and implementation of plans to support strategies for emergency management including preparedness and response responsibilities Acting as the liaison between regulatory agencies during emergencies and fulfilling the emergency management response roles as required.

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•

Ensuring that CES Ltd workplaces are compliant with legislative obligations, including (but not limited to): •

Requiring schools to provide their EMPs to the EMO a minimum of once per year.

•

Ensuring schools complete the required reporting to EMOs on emergency management compliance, preparedness and training requirements.

•

Providing regular reports on CES Ltd emergency management compliance to the CES Ltd Executive Director, via the Executive Leadership Team.

The CES Ltd EMO(s) are appointed from the People and Culture team. To contact the current CES Ltd EMO(s), please click here.

Principals

• • • • • • •

• •

Assigning the role of School-level Emergency Management Officer to a relevant school staff member, as deemed appropriate Establishing and training an ECO relevant to that CES Ltd workplace Ensuring that staff who have a nominated role in the EMP have a clear understanding of, and have practiced their role in the EMP Ensuring that all staff, students and regular users of the workplace have an understanding of the EMPs response procedures Informing their community how they will communicate in an emergency situation, or any other information that is essential to prepare the community for action during an emergency Taking all preparatory steps identified in the EMP to prevent negative consequences from an emergency or critical incident, including any staff training Testing emergency arrangements for core emergency response procedures for a variety of emergency scenarios such as fire in the neighbourhood, intruder, or loss of an essential service, at least quarterly per annum.

Reporting emergencies and incidents to the CES Ltd ECO(s), as per the incident management matrix.

Ensuring regular reporting, as per the requirements.

For CES Ltd Schools, the Minimum Standards for school registration require schools to update their EMP as required and review it at least annually and immediately after any significant incident.

Individual

• • •

Take reasonable care for their own health, safety and wellbeing in the workplace.

Contribute to team wellbeing, and care for colleagues, students and others in the workplace.

Cooperate with reasonable directions and comply with health, safety and wellbeing policies and procedures.

INJURY MANAGEMENT CES Ltd Board

•

Act with due diligence and ensure that that CES Ltd is acting in a reasonably practicable manner to ensure a safe and sustainable return to work for our injured workers.

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CES Ltd Executive Leadership Team (ELT)

•

Ensure CES Ltd meets, and that policies are consistent with legislative requirements of the WIRC Act.

•

Ensure that for a minimum period of 52 weeks that injured workers are provided with suitable employment if they have capacity for work or pre-injury employment or equivalent when they no longer have an incapacity for work.

Delegate, nominate and appoint a Return-to-Work Coordinator who has an appropriate level of seniority.

Make information about return to work available to all workers.

• • Principals

•

Plan for a worker’s return to work, supported by the CES Ltd People and Culture team, including: − Consider reasonable workplace support, aids or modifications to assist the worker. − Liaise with the People and Culture team and propose options for returning to suitable or pre-injury employment. − Monitor the worker’s progress, support the return-to-work process including through consultation directly with the worker, the People and Culture team and occupational rehabilitation provider (if involved).

Individual

• •

Participate in return-to-work planning.

Keep in regular contact with their manager, the insurance agent and the occupational rehabilitation provider (if involved).

Where suitable or pre-injury employment is provided according to their capacity, make every reasonable effort to get back to work.

•

CES Ltd People and Culture Team

• • •

Provide advice and support to Principals and Workplace Managers in relation to workers’ compensation claims.

Ensure insurer provides services in accordance with the WIRC Act. Monitor claims and ensure services, resources and supports are available to support return to work outcomes.

OHS Management System The best safety culture is one where everyone shares responsibility. CES Ltd gives its schools a high level of autonomy, which means that they have a lot of control over their own safety procedures.

However, with this autonomy comes responsibility.

As we work towards implementing an OHS Strategic Management Plan and the Safety at Sandhurst program helps to clarify health, safety, and wellbeing responsibilities for everyone in the CES Ltd community. It also helps schools and leaders to understand their accountabilities and fulfill their obligations.

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Everyone in the CES Ltd community has a role to play in creating a safe environment, and Safety at Sandhurst provides guidance and support to schools in developing, implementing and maintaining these obligations. Schools are responsible for ensuring that CES Ltd.’s safety procedures are effective and that they are followed by everyone in the school community.

An Occupational Health and Management System (OHSMS) is a set of plans, actions and procedures that assist an organisation to systematically manage health and safety risk associated with their business. The overall aim of an OHSMS is to continuously improve Occupational Health and Safety (OHS) performance through the effective management of OHS risks and activities in the workplace.

OHSMS Components

The Safety@Sandhurst program is based on the requirements enshrined in legislation and is designed to help CES Ltd create a safe and healthy environment for everyone. By working together, we can all play a role in preventing accidents and injuries.

Please click here to visit Safety@Sandhurst (link).

Safe and Well Community CES Ltd has a duty of care to ensure a safe workplace free from risk for all, including the physical and psychological health. In order to ensure this, how CES Ltd manages mental health risks within the

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workplace is evolving and must continue to be embedded within our occupational health and safety management system. Some of the initiatives planned to support a safe and well community are: •

Completion of a CES Ltd Psychosocial Risk Assessment and Risk Register.

•

Implementation of a School-Level Psychosocial Risk Assessment and Risk Register.

•

Promotion of CES Ltd Employee Assistance Program.

•

Positive Workplace Behaviours training for all, including targeted training for CES Ltd Board, Executive and Leaders.

•

Alignment with other initiatives, including the Mental Health Practitioners in Schools.

Consultation Mechanisms Consultation can be formed through a variety of different arrangements to suit the context of the organisation. There are many different ways to ensure effective consultation takes place, including regular face-to-face discussions or meetings (Safety Matters), team meetings, Health and Safety Representatives and/or Health and Safety Committees.

Consultation must include the following: •

Shared information Workers must be given information in relation to health and safety matters that could affect them. They must also be given enough time to consider, discuss and then give their feedback.

The information provided must be in a manner that is accessible to them.

•

Shared Views Workers must have the opportunity to express their views about health and safety matters.

They should be encouraged to ask questions, raise concerns, propose options and make recommendations and should be part of the problem-solving process.

•

Shared Decision Making Before a final decision is made, the organisation must respond to workers concerns, feedback and questions, in particular they must be informed what options were considered, and the final decision or action taken must be explained to them.

Consultation at CES Ltd is achieved through several mechanisms, including: •

School-level Health and Safety Committees

•

School-level Health and Safety Representatives

•

School-level Consultative Committees

•

SafetyMatters, CES Ltd system wide consultation and feedback tool

•

Feedback Forms

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Emergency Management CES Ltd response to an emergency is based on the six stages model, including:

Identify and Respond

Analyse and Learn

Investigate

Report for Support

Ongoing Support and Recover

Please click here to view the CES Ltd Guide to Responding to Incidents.

Framework Review Date

Action

Action Taken By

Title

22/11/2021

First Draft

Jo Taylor

ER Lead

10/05/2022

Second Draft

Jo Taylor

ER Lead

15/08/2023

Third Draft

Jo Taylor

ER/OHS Lead

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Consequence

ER/OHS Case Risk Assessment

Minor/ Immaterial

Minor

Moderate

Major

Extreme

Tier 4

Tier 3

Tier 2

Tier 1

Tier 1

Medium Tier 5

Tier 4

Tier 2

Tier 2

Tier 1

Low

Tier 4

Tier 3

Tier 2

Tier 1

High Complexity

Tier 5

Case Management Framework The ‘Tier Level Allocation’ supports in identifying the most appropriate process and key parties involved in managing the case. This is an indicative guide only and a different case management process may be determined pending the circumstance of the case or other business context.

Tier Level

1

2

Case Management •

Case process determined & overseen Chief People Officer (CPO), supported by ER/OHS Lead

•

CPO to brief ELT and CEO. Generally, CEO to brief Board.

•

Will usually involve an external investigator, where required.

•

The decision makers would involve the CEO and CPO or if necessary, a representative of the Board.

•

External legal advice briefed and can be engaged for input.

•

Case process determined & overseen by ER/OHS Lead. If Advisor led, regular briefing notes to ER/OHS Lead.

•

ER/OHS Lead to brief CEO and CPO

•

May involve an external investigator.

•

ELT Member and CPO generally act as decision maker.

Indicative Examples of cases • Potential serious criminal conduct • Misconduct likely to result in termination of Senior Leader (e.g., Principal) • Potential Whistleblower scenarios • Serious OHS incident, including single fatality, serious injury or serious near miss.

• Bullying, harassment & discrimination • Grievance between multiple parties across multiple teams • Fair Work Commission/ARHC/Other litigation processes • Case involving Senior Leaders • Potential minor criminal conduct • Serious Misconduct • Serious injuries or serious near misses

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•

Case process is Advisor led with ER/OHS Lead oversight of process.

•

Relevant Line Manager (e.g., Principal) member decision maker

• Misconduct likely to result in termination (including repeated misconduct and/or unsatisfactory performance) • Potential termination in probation • Formal Grievance related to bullying, harassment (including sexual harassment) or discrimination.

3

• Abandonment of Employment scenarios • Serious near miss, including incidents/hazards/near misses that involve multiple parties.

• Notifiable incident, including those involving WorkSafe inspections •

Principal lead with Advisor support, if required

• Unsatisfactory performance leading to EIP. • Serious injury leading to work related injury process.

4

• Informal grievances between individuals • Low grade misconduct unlikely to result in termination People Leader Led

5

Advisor briefed by People Leader

• Concerns of unsatisfactory performance • Tensions between team members/informal concerns • Near misses

Complexity This risk matrix identifies the complexity of the management of the ER, IR and/or OHS cases. The complexity considers the issue, potential investigation process and potential resolutions required (based on information at the time).

Area

Low

Medium

High

Investigation Process

Involves one to two people typically within the same team or teams working closely together on tasks or projects.

Involves multiple people across a couple of teams.

Involves People Leaders (up to Deputy Principal level) Involves external stakeholders and/or contractors

Involves a number of parties across multiple teams.

Involves senior members of the organisation.

Involves high profile external stakeholders and/or contractors

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Potential Remediation/ Resolutions

Non disciplinary interventions possible (e.g., mediation etc) Ongoing monitoring of performance or Employee Improvement Plan (EIP) implementation

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Some form of formal disciplinary action likely including warnings

Likely to involve termination or legal proceedings

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