1. INTRODUCTION
Effective grievance management and resolution contributes to positive working relationships and empowers team members to develop skills to manage their relationships in the workplace. Good workplace grievance management can prevent minor workplace issues escalating into more serious matters.
It is not the intent of this document to prescribe a rigid procedure for how a workplace grievance will be managed, as, by their very nature, grievances can arise in an extensive range of circumstances and across a continuum of seriousness. Rather, the policy focuses on the need for local grievance management systems to ensure that each grievance is looked at individually as it arises and is managed in a way most appropriate to the circumstances.
To support this approach, this policy identifies a range of options that can be used to manage and resolve workplace grievances. This includes, where the opportunity presents itself, the need for managers to make every effort to resolve potential or actual workplace grievances as informally as possible in the first instance.
Castle Hill RSL Club Ltd (CHRG) may, at its sole discretion, on a case-by-case basis, alter the manner in which the process outlined in this Policy is conducted to ensure it suits the particular grievance.
This policy applies to all team members of CHRG.
2. WHAT IS A GRIEVANCE?
A grievance is any type of problem, concern or complaint related to an employee’s work or the work environment. A personal grievance can be about any act, behaviour, omission, situation or decision impacting on an employee that the employee thinks is unfair or unjustified.
A grievance can relate to almost any aspect of employment, for example:
Safety in the workplace
Team members development or training
Leave allocation
Supervision
Rosters or hours of work
Performance appraisal
Transfer or promotion
Wage or salary levels
The work environment
Discrimination and harassment
3. DEALING WITH PERSONAL GRIEVANCES
CHRG recognises that an employee may not perform to the best of their ability if they feel they are being treated unfairly or are feelingaggrieved. Accordingly, CHRG will endeavourto provide a fair andjustworking environment, by aiming to ensure that employees have access to processes for the resolution of genuine personal grievances related to the workplace.
As such, CHRG will use its reasonable endeavours to:
encourage team members to come forward with personal grievances;
deal with personal grievances in a supportive way, without victimisation or intimidation of any person connected with the grievance;
encourage fairness, impartiality and the resolution of personal grievances as reasonably promptly and as close as possible to the source of the grievance;
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have managers and supervisors seek to prevent and resolve personal grievances; and
Deal with all grievances in a timely manner, ensuring the issue is resolved as quickly as possible.
4. RIGHTS AND RESPONSIBILITIES
All team members need to know their rights and responsibilities in relation to grievance management, as all parties have a significant role to play in resolving grievances.
Key rights of all team members include:
Being provided with sufficiently detailed information to allow an appropriate response
Being treated with respect
Being given a full and fair opportunity to have their say, and the right of reply
Being provided with information on progress of the grievance and on any decisions made that may affect them
Appropriate confidentiality and protection from recrimination
Impartial, prompt and professional management of the grievance to a speedy resolution.
Key responsibilities of all team members include:
Recognising their role in harmonious workplace relations
Raising matters of concern at an early stage and actively participating in the grievance resolution process
Not raising malicious, vexatious or frivolous complaints
Not releasing information relating to a grievance to any third party who have no legitimate involvement in the process
5. CONFIDENTIALITY
All parties have rights and responsibilities in relation to confidentiality. Information relating to a grievance should only be provided on a ‘need to know’ basis and should not be provided to third parties who have no legitimate involvement in the process. Those involved in a grievance have both the right to confidentiality, and the responsibility for maintaining confidentiality. This includes confidentiality of the identity of those involved, as well as the subject matter. Inappropriate release of information relating to a grievance or a person involved with a grievance, to any third party with no legitimate involvement in the process, will be dealt with in accordance with our Counselling and Discipline Policy
The respondent must be provided with enough information to allow for an adequate opportunity to fully respond to the issues raised. While the respondent is entitled to, and must be provided with, enough information to allow an adequate response to the complaint, there would need to be a valid reason for others in the workplace not involved in the grievance to have access to any information on who is involved, or on the matters raised. However, it may be necessary to speak with other employees or workplace participants to determine what happened, to afford fairness to those against whom the complaint has been made and to resolve the grievance.
As most workplace grievances usually involve a complaint by one person against another, the subject of the grievance will generally need to know who raised the complaint, to be able to adequately respond to the matters raised. It is important to note that while anonymous complaints can advise management of potential behaviours to look for in future, if they cannot be substantiated by objective evidence (such as CCTV footage or till records), then there is little chance the complaint can be investigated thoroughly in accordance with procedural fairness. As such, while management will make every effort, there is a possibility that action to remedy the complaint may be impaired if the complainant wished to remain anonymous.
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6. GRIEVANCE MANAGEMENT
A range of options exist to assist supervisors and managers resolve grievances promptly and effectively. Because of the diversity of issues and personalities that can be involved, it is important that each grievance is considered individually, in order to determine the best option/s to utilise, and the most appropriate way/s to resolve it. Generally speaking, it is desirable that all reasonable attempts should be made to resolve the grievance informally, before moving to more formal processes.
(a) Attempt to resolve the grievance yourself
If the team member feels comfortable in doing so, they should attempt to address the issue directly with the person(s) involved in the grievance. The employee may find the other person was not aware of their grievance and the matter can be resolved directly. All team members have a responsibility to contribute to a harmonious workplace, and it should not always be necessary to begin the grievance process to resolve minor matters. The issue should be addressed as soon as possible.
(b) Report the grievance
If the team member does not feel comfortable talking to the person(s) involved, or they have tried to and it was ineffective in resolving the grievance,or if there is no other person involved in the grievance, the employee should report the grievance to their leader. The grievance should be reported as soon as possible.
After reporting a personal grievance, the leader will use reasonable endeavours to conduct an initial meeting with the employee to:
obtain information about the employee’s personal grievance and what they consider will resolve it;
explain how the personal grievance procedure works;
decide if they are the appropriate person to handle the grievance. This includes considering whether they have the necessary authority and can deal with the grievance in an impartial manner.
If the leader feels they cannot effectively handle the employee’s personal grievance, they will refer the matter to another more appropriate leader or the People team.
Where it is not practical to conduct such a meeting, these steps may be carried out by telephone or written correspondence.
Once reported, a matter will be dealt with in line with one of the procedures outlined below that is regarded as suitable for the grievance raised.
Step 1 - Informal procedure
The informal procedure involves a range of informal actions to resolve the grievance. Such actions will depend on the individual circumstances of the grievance. Possible actions include, but are not limited to:
Facilitation: the supervisor / manager discusses the issue with the person against whom the complaint is made and attempts to facilitate a resolution;
Mediation: the supervisor / manager works with the People team to arrange a mediation between both parties. Mediation is a voluntary and confidential process where a mediator assists people in conflict to identify and isolate issues under dispute, and to identify and if possible, agree on potential options to resolve these issues.
Many personal grievances can be resolved through the informal procedure. The informal grievance procedure is suited to less serious issues, such as interpersonal conflict, and should be addressed and resolved to avoid repetition or escalation. However, in circumstances where the supervisor or manager considers the informal procedure is not appropriate, and the grievance is sufficiently serious, the grievance may be escalated to the formal procedure.
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Step 2 - Formal procedure (Investigation)
If the grievance is not able to be resolved through the informal procedure or the informal procedure is not appropriate, the formal procedure may be commenced.
Suited to serious issues such as, harassment, discrimination or other unlawful conduct.
The formal procedure involves a formal investigation of the grievance, generally by the People team, though may be conducted by a senior leader or an external investigator. Based on the findings a decision shall be made about appropriate actions and outcomes.
The investigation generally involves collecting information about the grievance and then making a finding based on the available information. Suspension may be applied as per our Counselling and Discipline Policy
Step 3 - Appeal
If the employee is dissatisfied with the outcome of the formal investigation, they may appeal the decision to the supervisor or manager of the person who conducted the investigation or another more senior supervisor, as determined by CHRG.
The decision of the person conducting the appeal is final.
If any of the parties are not satisfied with the way the grievance was handled or the outcome of the grievance process they can contact the Head of People and Purpose. The grievance handling process and/or the outcome may then be reviewed by the Group Chief Operating Officer. If a review is undertaken, the Group Chief Operating Officer’s decision in relation to the review will be final.
7. OTHER PROCEDURAL ISSUES
(a) Work to Continue
Work will continue as normal while a personal grievance is being dealt with under this Policy. All persons affected by the grievance are expected to co-operate with CHRG to ensure the efficient and fair resolution of the grievance.
(b) Victimisation
Disciplinary action will be taken against any person who victimises or retaliates against a person who has lodged or is involved in a personal grievance issue under this Policy. Such action may include termination of employment.
(c) Documentation
Where considered appropriate, agreed resolutions of personal grievances arising from the informal procedure may be recorded and signed by all parties. Generally, it will not be necessary to put records of a personal grievance on an employee’s personnel file, unless there is some disciplinary action taken as a result of the grievance. A record of any disciplinary action that is taken arising from a formal investigation will be placed on the personnel file of any person who is disciplined.
(d) Access to support and representation
The employee can seek advice from their manager, supervisor or a support person at any stage during the grievance process. The employee can bring a support person to a grievance meeting if so desired.
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8. POSSIBLE OUTCOMES
The outcomes will depend on the nature of the grievance and the procedure followed to address the grievance. Where an investigation results in a finding that a person has engaged conduct in breach of a CHRG Policy, that person may be disciplined. The type and severity of disciplinary action will depend on the nature of the grievance and other relevant factors. Where the investigation results in a finding that the person complained against has engaged in serious misconduct, this may result in instant dismissal. Any disciplinary action is a confidential matter between the affected person(s) and CHRG.
CHRG may take a range of other non-disciplinary outcomes to resolve a grievance. Examples include, but are not limited to:
training to assist in addressing the problems underpinning the grievance;
monitoring to ensure that there are no further problems;
implementing a new policy;
requiring an apology or an undertaking that certain behaviour stop; and/or
changing work arrangements.
9. BREACH OF THIS POLICY
Breaches of this policy may result in counselling and or disciplinary action, up to and including dismissal.
10. REVIEW OF THIS POLICY
This policy will be reviewed every two years to ensure it remains consistent with all relevant legislative requirements, as well as the changing nature of the company or more frequently where legislative requirements are changed or amended.
11. POLICY COMMUNICATION AND EDUCATION
This policy will be stored on CHRG’s intranet site. It will be incorporated into induction/onboarding programs and CHRG will conduct education sessions on the application and operation of this policy as required and when any changes to the policy are implemented.
12. DOCUMENT HISTORY
Preparedby: Approvedby: Date: Version: Comments
Alison Brinkman Head of People & Purpose David O’Neil Group CEO 1/10/2023 1.0 First issue of standalone policy