Grievance Policy

1. Intent

The intent of this policy is to provide a process for the quick and effective resolution of workplace grievances. Grievance resolution is the process by which solutions are sought in response to an employee complaining or expressing concerns about (or perceptions of) problems in the workplace.

 

2. Scope

This policy applies to all employees of The Digital Project Corporation Pty Ltd.

 

3. Policy and procedures

3. 1.   General provisions

(a) The Digital Project Corporation Pty Ltd has developed procedures for the resolution of complaints, grievances or problems raised by employees, where the complaints relate to work, the work environment or working relationships. These procedures emphasise a collegial approach to grievance resolution through informal procedures and mediation and are designed to lead to a prompt and fair resolution of difficult problems.

(b) The Digital Project Corporation Pty Ltd and employees concerned are entitled to fair treatment in relation to these procedures.

(c) While the parties to the grievance attempt to resolve the matter in accordance with this policy, work must continue as normal, other than with respect to bona fide health and safety issues, while the matter is being dealt with in accordance with this policy.

3. 2.   Common problems

(a) Where two or more employees believe that they have an identical or common problem, they may take action together and the matter will be dealt with as a single grievance.

(b) Where the employee and the Human Resources agree, the time limits set out in this policy may be extended.

3. 3.   Other avenues of resolution

(a) These procedures do not pre-empt, limit, or delay an employee or the Human Resources the right to concurrently pursue other avenues of resolution.

(b) These procedures do not pre-empt, limit, or delay the right of the employee to enter into direct negotiations with The Digital Project Corporation Pty Ltd to resolve grievances or to address matters of mutual concern.

(c) Where the employee and Human Resources agree, the grievance process may begin at stage 3 (see clause 5.3 of this procedure).

 

4. Informal grievance resolution

4. 1.   Attempt informal resolution first

(a) Employees and The Digital Project Corporation Pty Ltd are encouraged to attempt informal grievance resolution prior to resorting to a more structured process.

(b) This informal process does not require documentation. However, supervisors should make sufficient notes if they participate in the process.

4. 2.   Who should the employee contact?

(a) Ideally, an employee raising a grievance should try to resolve the matter with the person against whom the grievance exists. Where the grievance is in relation to a process, and does not involve another person, the employee should involve the immediate supervisor. Either party to the grievance may choose to involve the supervisor to facilitate resolution at this informal level.

(b) Where the matter is related to conditions of work (eg, workload), the employee should attempt to resolve the matter with the employee’s supervisor, in consultation with the supervisor’s manager. Where the supervisor is involved to facilitate resolution, the grievance may be lodged by the complainant verbally, or in writing. If in writing, it must be signed and dated.

4.3. Resolution process

Parties to the grievance should endeavour to:

(a) amicably discuss the matter;

(b) identify all perspectives of the issue at hand; and

(c) come to a mutually agreeable conclusion.

4. 4.   Outcome of resolution process

(a) A successful outcome to an informal grievance process consists of all parties having had an opportunity to present their stories, consensus by all on the decisions made and any provisions for resolution of the grievance. The parties should feel capable of work together in a professional capacity.

(b) If resolution is not achieved at the informal stage because:

(i) the grievance is of a more complex nature;

(ii) the parties believe the informal process is not appropriate; or

(iii) the complainant feels uncomfortable about approaching the subject of the complaint, then, formal grievance resolution should be undertaken.

 

5. Formal grievance resolution

Similar to the informal process, formal grievance resolution entails meetings and discussions between involved parties, facilitated and documented by management, to achieve grievance resolution.

5. 1. Stage 1: Supervisor conciliation Raising a grievance

(a) In most instances, an employee who is raising a grievance (complainant) should first raise that grievance with the immediate supervisor (immediate supervisor). If the grievance is in relation to the immediate supervisor, the employee should raise the grievance with the supervisor’s manager, and the process should escalate immediately to Stage 2: Management level conciliation.

(b) The supervisor will determine the most appropriate process or intervention to manage a grievance. In making such determination, the nature of the grievance and the interests of all parties will be considered.

Lodgement of grievance

A formal grievance must be lodged in writing, containing sufficient information to allow the complaint to be assessed. The employee can access support from the immediate supervisor or manager or other person of the employee’s choice to write the grievance documentation. It must be signed and dated. Where there is more than one complainant, each must sign the document.

Negotiation

(a) The immediate supervisor should then discuss the matter with the parties and other relevant individuals and attempt to informally negotiate a satisfactory solution. The immediate supervisor may elect to have one-on-one discussions, or to arrange a meeting of the relevant parties, depending on the nature of the grievance.

(b) The supervisor may involve the Human Resources for consultation or to manage the grievance process, if the supervisor deems this appropriate

Documentation

The immediate supervisor must take sufficient notes to identify the nature of the complaint and the outcome of the process. When the situation has been resolved, all documentation should be provided to the Human Resources for record keeping.

Resolution

(a) Resolution may include general discussion and conciliation, or may involve action such as staff training, changing office seating arrangements, transferring staff, or reallocating work responsibilities.

(b) At the resolution stage of the grievance, the supervisor must ensure that all parties are advised of the outcome. This communication should, where possible, take place in person. It may be appropriate for such outcomes to also be documented in writing to all parties.

(c) Where a grievance cannot be resolved in this stage, it is to be referred to the immediate supervisor’s manager (manager), who should work to resolve the matter.

 

5. 2.   Stage 2: Management level conciliation

(a) The grievance should be referred to the manager, who should work to resolve the matter. The same steps as Stage 1: Supervisor conciliation should be followed.

(b) The manager must notify the Human Resources immediately upon a grievance being progressed to stage 2.

(c) Human Resources will be made available to provide advice to managers and employees involved in the grievance process.

 

5. 3.   Stage 3: Escalated conciliation

(a) Where the grievance cannot be resolved at Stage 1: Supervisor conciliation or Stage 2: Management level conciliation, the manager involved in stage 2 must advise the complainant that the complaint will be referred to the Digital Project Corporation Pty Ltd Directors.

(b) The manager must provide the Digital Project Corporation Pty Ltd Directors with all relevant documentation on the grievance, together with a written report signed and dated by the manager, outlining the steps that have already been taken to resolve the matter.

(c) The Digital Project Corporation Pty Ltd Directors will consider a range of options to resolve the grievance and may involve external agencies, such as a qualified investigator or mediator or both, in this process.

(d) The Digital Project Corporation Pty Ltd Directors has responsibility for managing the successful conclusion of this process.

 

6. Timeframe for grievance resolution

(a) Grievances should be addressed in a timely manner.

(b) Each stage should provide for a timeframe of at least 10 working days. The immediate supervisor should advise the parties to the grievance of the specified resolution timeframe at the commencement of the resolution process if it is to be longer than 10 working days. If an extension to the prescribed timeframe is required due to the complexity of a grievance, this must be negotiated and communicated to all parties.

 

7. Roles and responsibilities

7. 1.   Complainant

(a) In electing to lodge a grievance, a complainant accepts the responsibility to seek and support resolution of the issue or issues, and to cooperate with the process. A complainant must be prepared to provide evidence of the assertions.

(b) A complainant may withdraw a grievance at any time. Written grievances should be withdrawn in writing and the person responsible for that stage of the resolution process must be advised. All parties to the grievance will be advised by the immediate supervisor, manager or relevant department (as appropriate) that the grievance has been withdrawn.

(c) The following rights apply to a complainant:

(i) the complainant must not be victimised for lodging a grievance;

(ii) the complainant must be able to nominate own witness or witnesses if there is an internal or external investigation into the complaint;

(iii) the complainant must have the right to seek the support and advice of a support person, occupational health and safety representative, friend or colleague; and

(iv) the complainant may have an interpreter present at an investigation interview if required.

(d) If, at any stage of the grievance resolution process, The Digital Project Corporation Pty Ltd is satisfied that a grievance is frivolous, vexatious, misconceived or lacking in substance, the complaint may be dismissed. A finding that a complaint has been made frivolously or vexatiously may lead to disciplinary action against the complainant.

7. 2.   Subject of the complaint

(a) The subject of the complaint must have a commitment to seek and support resolution of the issue or issues and cooperate with the process.

(b) The following rights apply to the subject of the complaint:

(i) the subject of the complaint must not be victimised for being the subject of a grievance;

(ii) where some sense of culpability may be attached to the grievance, the subject of the complaint will be treated as innocent until proven otherwise;

(iii) the subject of the complaint is able to nominate own witness or witnesses if there is an internal or external investigation into the complaint;

(iv) the subject of the complaint must have the right to seek the support and advice of a support person, occupational health and safety representative, friend or colleague; and

(v) the subject of the complaint may have an interpreter present at an investigation interview if required.

7. 3.   Immediate supervisor

(a) An immediate supervisor is responsible for:

(i) receiving the grievance (either written or verbal);

(ii) coordinating and facilitating the resolution of the grievance;

(iii) advising the parties of their rights, obligations and the process as outlined above;

(iv) communicating regularly with the parties on the process and progress of the grievance;

(v) maintaining an appropriate level of documentation which should be kept in a confidential file in secure storage;

(vi) notifying Human Resources immediately upon a grievance being progressed to Stage 2: Management level conciliation;

(vii) ensuring that the grievance resolution timeframe is adhered to or, if this is not possible, an alternate timeframe is to be negotiated with all parties; and

(viii) ensuring that the principles of natural justice and procedural fairness are applied to the resolution of all employee grievances.

(b) In relation to 7.3(a), above, each affected party must have the opportunity to answer, or otherwise deal with, any matter which is raised against that party. Where concerns relating to bias or conflict of interest are raised by a party to a grievance, The Digital Project Corporation Pty Ltd is obliged to consider the issues that have been raised. The basis of the decision arising from consideration of the issues is to be communicated to the parties.

7. 4.   Human Resources

Human Resources will be responsible for:

(a) managing the successful conclusion of the process for resolving grievances;

(b) an initial assessment of a referred matter and working with the supervisor to determine the most appropriate process or intervention;

(c) involving external agencies in the process; and

(d) providing appropriate and timely advice to supervisors and employees involved in a grievance process.

 

8. Confidentiality

(a) Confidentiality means that, apart from the supervisor or manager involved, the only persons entitled to information about a grievance will be:

(i) the complainant;

(ii) the subject of the complaint; and

(iii) others to whom the matter may be referred as part of the resolution process.

(b) When dealing with a grievance, immediate supervisors and managers must ensure that all parties are aware that confidentiality must be maintained at all times.

(c) A breach of confidentiality may result in disciplinary action.

 

9. Documentation

The management and resolution of grievances must be documented appropriately. Documentation should:

(a) describe clearly and concisely the process;

(b) describe clearly and concisely the grounds on which decisions have been made;

and

(c) be dated and signed by relevant parties.

 

10. Record keeping

All documentation associated with a grievance and a formal grievance resolution process will be kept in confidential files. These shall be kept separately from the personnel files of both the complainant and the subject of the complaint. Only when a complaint results in disciplinary action or involves substandard performance will any relevant grievance information be placed on a personnel file. If such documentation is to be placed on a personnel file, the immediate supervisor or manager must advise the employee.

 

11. Further information

If you required further information, please speak with your manager.