6.4   GRIEVANCE & COMPLAINTS

 

DATED:                  December 2005

SOURCED:             Donald H. Weiss, 1991, Fair Square and Legal: Safe Hiring & Firing Practices to Keep You and Your Company Out of Court

SOURCED:             Scott Lucas, Getting It Right: Guidelines for People Management, Miles Witt Partnership (Industrial Relations Manual - Membership subscription continuously updated)

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POLICY

Community Childcare Inc. provides a system for parents, carers, staff and management committee members to settle any dispute that relates to the organisation.

 

PURPOSE

Ø     To minimise the negative effects of dispute or conflict

Ø     To ensure access to a process for resolving any workplace grievance

Ø     To guarantee the right of the complainant & respondent to a fair hearing

Ø     To reinforce the responsibilities of the individual, the staff team and the employer

Ø     To make every effort to resolve issues and reach a mutually satisfactory agreement

 

RESPONSIBILITIES

It is the intention of all parties to accept responsibility for making this system work.  This means that at any level of disagreement that the parties are reminded to meet their commitment to this policy and process.  It is the right of the complainant to decide how far to pursue the grievance.

 

DEFINITION

A grievance describes a situation when an employee or management committee member requires formal action to be initiated that relates to an issue, concern, dispute or problem that happens at or is relevant to the workplace.  A grievance could occur between any parties within the organisation.

 

SCOPE

This policy and the following procedures apply to all parents, carers, staff, and the Management Committee of Community Childcare Inc.

 

COMPLAINANT SUPPORT

The complainant may have access to a support person or advocate involved at any stage of this process

 

CONFIDENTIALITY

It is the responsibility of the participants to maintain the confidentiality of discussions, documentation, agreements and action plans.  In maintaining confidentiality, written information pertaining to discussions, documentation, agreements and action plans are only accessible to the parties directly involved at each level of the process.  Any deviation from this procedure is by consent of the complainants only.  Filing of all information must be in a secure location within the workplace.

 

FACILITATION

Both parties must agree to facilitation.  The facilitator must be mutually agreed upon and no party can disqualify a facilitator without good reason.

It is recommended that the cost of professional facilitation be covered by the service where the grievance originates.

 

TIMEFRAMES

For step 1 notification and discussion should take place as quickly as possible.  For steps 2, and 3 will occur as negotiated between the parties.

 

EXCLUSION CLAUSE

These grievance procedures do not restrict employee’s rights to seeking redress if the grievance arises as a result of an employee or management committee person’s action that contravenes other legislation such as Workplace Health and Safety, Anti Discrimination or Sexual Harassment legislation

 

PROCEDURE

 

Step 1

The first level is an informal discussion between the complainant and the other person.  Those involved take responsibility for raising and clarifying issu4s with each other.  Any involvement of other people at this point is by mutual agreement.  This is no need to document resolutions at this stage.

If the complainant is not satisfied with the outcome at this level they may choose to go to the next level of the Grievance Procedure

 

Step 2

 

The complainant/s chooses to start the formal process and informs their MANAGER/DIRECTOR, who in turn shall notify the President of the Management Committee.  The parties may request that this step be facilitated

 

Ø     Satisfaction achieved

Ø     Manager/Director or President may facilitate discussion and action between the parties

Ø     Document agreement and file securely

Ø     Negotiate timeframes for action

Ø     Negotiate timeframes to review agreement

 

If satisfaction is not achieved, document the issues and go to the next step

 

Step 3

The President of the management Committee will appoint an external mediation service to resolve the matter.