Procedures number 30102020 Version 01
Drafted by Sam Approved by CEO on 30/10/20
Responsible person Sam Scheduled review date 31/10/20
RESPONSIBILITIES
It is the responsibility of Managers and Supervisors to ensure that:
They identify, prevent and address potential problems before they become formal
grievances;
They are aware of and committed to the principles of communicating and
information sharing with their employees and volunteers;
It is the responsibility of Employees (including Volunteers) to ensure that:
They attempt to resolve any issues through their immediate supervisor and through
internal processes at the earliest opportunity.
It is the responsibility of the Human Resources Department to ensure that:
All managers, supervisors, employees and volunteers are aware of their obligations
and responsibilities in relation to communication and information sharing with their
employees;
Ongoing support and guidance is provided to all employees in relation to
employment and communication issues;
All managers, supervisors, employees and volunteers are aware of their obligations
and responsibilities in relation to handling grievances;
Any grievance that comes to the attention of managers or supervisors is handled in
the most appropriate manner at the earliest opportunity.
PROCEDURES
Employment Practices
All managers and supervisors should be aware of the possible ramifications of their actions
when dealing with employee/volunteer issues. They must ensure that all employees and
volunteers are treated with fairness, equality and respect.
If there are any doubts or queries in relation to how to deal with a particular set of
circumstances, managers or supervisors should contact the Human Resources Department
for advice at the earliest opportunity.
Where a grievance or dispute has been brought to a Manager’s attention, they should assess
whether the employee involved is covered by an Award or Agreement, and if so should refer
to that document for grievance procedures. If the employee or volunteer involved is not
covered by such a document, the guidelines below should be followed.
Grievances and Dispute Resolution
An employee or volunteer who considers that they have a dispute or grievance that they
have not been able to resolve directly with any other involved party should raise the matter
with their immediate supervisor as a first step towards resolution. The two parties should
discuss the matter openly and work together to achieve a desired outcome.
The Manager or Supervisor should follow the steps outlined below:
Make sure that the employee feels listened to and supported. You don't have to
agree with what they say, but you must make sure that they know you will act on
their concerns.
If more than one person is present, establish the role of each person.
Outline the process that is to be followed.
Inform the parties that any information obtained in the conduct of the review is
confidential.
Listen to the complainant. Obtain a chronology of events (who, what, why, when,
how etc).
Run through the applicable policies and procedures (e.g. the organisation's anti-
discrimination policy) with the complainant.
Take accurate and detailed notes of all conversations (including dates, people
involved) and attach any supporting documentation.
If deemed necessary, provide the employee/volunteer with a written summary of
the meeting and clarification of the next steps to be taken.
The Manager must ensure that the manner in which the meeting is conducted will be
conducive to maintaining positive working relationships, and will provide a fair, objective
and independent analysis of the situation.
All parties are to maintain complete confidentiality at all times.
If the matter is not resolved and the employee or volunteer wishes to pursue it, the issue
should be discussed with a Human Resources Officer, then, if necessary, the CEO. Again, the
matter is to be discussed openly and objectively with management to ensure it is fully
understood. If the grievance/dispute is one of a confidential or serious nature involving the
employee or volunteer’s Manager, the complainant may discuss the issue directly with the
Human Resources Department or the CEO. The CEO reserves absolute discretion as to
making a final decision as to how the grievance or dispute will be resolved.
Investigating a Grievance or Dispute
Procedural fairness and transparency can make or break a workplace investigation.
Maintaining procedural fairness means that you can:
• protect the interests of the participants in the investigation;
• enhance the credibility of the investigation process;
• rely on the investigation (and your findings) when making employment decisions;
and
• defend your employment decisions in a court or tribunal.
Following are some pointers to ensure that a workplace investigation is procedurally fair.
The investigator should ensure that:
the respondent is aware of all the allegations made against them in sufficient detail;
the respondent is allowed a reasonable opportunity, including adequate time, to
respond to each of the allegations;
the investigation is carried out in a reasonable time frame;
all participants are given the opportunity to have a support person in the interviews
pertaining to the investigation;
all participants are required to maintain confidentiality and sign a confidentiality
agreement;
the investigator has no personal interest or bias in the matter being investigated;
all participants are given the opportunity to respond to any contradictory evidence;
the investigator makes reasonable and diligent enquiries to ensure that there is
sufficient evidence before making findings on the balance of probabilities.
The Importance of Impartiality
It is critical to ensure that the person responsible for carrying out an investigation is
impartial. The investigator must not have a vested interest in the outcome of the matter.
Employees will often consider that a HR manager is not sufficiently impartial because of their
involvement and role in the workplace. If such a concern is raised, it's important to consider:
• whether the use of an external investigator is necessary to ensure impartiality;
• whether any conflicts of interest need to be disclosed (e.g. if any individuals are
friends outside the workplace); and
• whether the investigator has handled any previous disciplinary matters.
If there is the possibility that a person's employment will be terminated if the allegations are
proven as part of an investigation, then you should seriously consider the use of an external
investigator to ensure that your investigation and the process followed will stand up in any
potential court proceeding.
