Download - Dealing With Employee Work-Related Concerns and Grievances

7/30/2019 Dealing With Employee Work-Related Concerns and Grievances

1/11

Office of the Director of Equal Opportunity in PublicEmployment and the Public Employment Office April 1996

For further information contact Office of theDirector of Equal Opportunity in Public Employment,telephone (02) 9248 3555

Dealing with EmployeeWork-related Concerns andGrievances

Policy and Guidelines


2/11

Dealing with Employee Work-relatedConcerns and GrievancesPolicy Statement

The New South Wales Government requirespublic agencies to achieve and maintainworkplaces which foster productive andharmonious working environments and wherework related concerns or grievances aremanaged promptly, impartially and justly.

Principles To effectively deal with work-related

concerns or grievances, an agency needs todevelop and implement a policy based onthe following principles:

staff are consulted in the development ofthe agency policy and procedure;

fair, impartial, just and confidentialhandling of concerns and grievances;

action is taken promptly within agreedtimeframes and procedures; parties are protected from victimisation; and the system provides employees with a

choice of procedures. For example resolutionat the workplace level through an informalprocedure or a formal procedure.

Legislative Provisions

Anti-Discrimination Act 1977 Freedom of Information Act 1989 (Part III) Industrial Relations Act 1991 (NSW) sections

184 and 185

Industrial Relations Act (Regulations) 1992 Occupational Health and Safety Act NSW

1993 (Part 3)

Public Sector Management Act 1988 Government and Related Appeals Tribunal

Act 1980

Protected Disclosures Act 1994


3/11

Related Policies

Personnel Handbook Division 3, Conductand Discipline

Harassment Free Workplaces Policy andGuidelines

Flexible Work Practices Policy andGuidelines

Points for ConsiderationWhat is a grievance?

A grievance is a clear statement by an employeeof a work-related problem, concern orcomplaint, including those involving:

the interpretation and application of anagencys people management policies. Thisincludes allocation of work, job design,performance management;

a workplace communication or interpersonalconflict;

an occupational health and safety issue; an allegation of discrimination within the

meaning of the Anti-Discrimination Act1977, including harassment; or

a question, dispute or difficulty concerningthe interpretation, application, or operationof an award/enterprise agreement or otheragreement.

Impact of grievances

Employee work-related concerns and grievanceswhich are not promptly and effectively resolvedcan lead to:

lost productivity; lower quality work, products and customer

services;

distraction from corporate goals; loss of confidence and communication

between employees, managers andsupervisors;

low morale and job satisfaction which canlead to industrial problems, increasedabsenteeism and increased staff turnover;

loss of reputation as an employer andservice provider;


4/11

loss of reputation to the employee; lost working time of everyone involved in

dealing with a complaint; and

the potential for legal action and damages.

Inter-relationship with other agency procedures

The procedures developed for managingemployee work-related concerns and grievancescan be effected by a number of otherprocedures.

Grievance and complaint handling processesneed to be designed so that they can be usedformerly to receive and deal with issues coveredby the Protected Disclosures Act 1994. Suchprocedures are to clearly state that protection isprovided under the Protected Disclosures Act1994.

Disciplinary procedures

In some cases the use of grievance procedurescan result in a recommendation that theemployer take action through the disciplinaryprocess.

Disciplinary processes are not part of the systemto deal with employees concerns and grievances.Grievance procedures are to deal with matters

raised by an individual employee. Disciplinaryprocesses deal with performance or conductmatters identified by the employer.

If criminal charges have been laid or acomplaint made to a body such as theIndependent Commission Against Corruption orthe Anti-Discrimination Board, management alsohas a responsibility to consider whether thematter should be pursued through thedisciplinary process within the agency.

If a grievance is raised during a disciplineprocess, the grievance needs to be finalised but

the disciplinary process should continueindependently.

Requirement of the Industrial Relations Act, awards andagreements

A system to manage employee work-relatedconcerns or grievances needs to take account ofthe requirements of the Industrial Relation Actand grievance handling procedures in awardsand agreements. Of particular note is the needfor a formal process to take account of the

possibility of action in the Industrial RelationsCommission.


5/11


6/11

Grievance Manager

A senior manager, preferably a member of theexecutive team or the chief executive, shouldhave responsibility for the management of thesystem. This person should also be responsiblefor decisions concerning the course of action tobe taken in dealing with serious grievances,which may include issues covered by theProtected Disclosures Act and disciplinarymatters.

Senior Executives

Senior executives are accountable for:

ensuring access to grievance procedures isopen and fair for all employees;

ensuring people who deal with employeework-related concerns and grievances areadequately trained and supported;

monitoring to ensure that:employees understand and haveconfidence in the system to deal withtheir concerns and grievances;

concerns and grievances are dealt withpromptly impartially, justly andconfidentially;

follow-up occurs to ensure theoutcomes of the resolution areachieved;

people who raise concerns andgrievances are not victimised; and

-statistical records are kept to enablethe effectiveness of the system to beassessed.

Managers and SupervisorsManagers and supervisors are accountable for:

encouraging employees to understand theagencys procedures for resolving work-related concerns and grievances;

providing timely and confidential assistanceto employees, including:

advice on available options, where practicable and appropriate,

attempting to resolve the issue at thelocal level through an informalprocedure,


7/11

advice on further action if a localresolution is not achieved,

follow-up and monitoring whenissues have been resolved,

ensuring the parties are notvictimised, and

keeping records in accordance withagency procedures.

Employees

Employees are encouraged to take prompt actionon work-related concerns or grievances inaccordance with the agencys procedures.

Suggested ProceduresAn agency policy

An agency policy signed by the Chief Executiveis an explicit statement of the agencyscommitment to dealing with employee work-related concerns and grievances.

It is suggested the policy include:

a commitment by the Chief Executive to aworkplace environment that values people

and that employee work-related concernsand grievances will be dealt with promptly,impartially, justly and confidentially;

what is meant by a grievance; the responsibilities of executives, managers

and supervisors; and

the responsibility of all employees inpreventing victimisation.

Developing a systemConsultation is important in developing asystem to manage employee work-relatedconcerns and grievances. It can help to gainemployee commitment, and assists in tailoringthe system and procedures to the agencys andemployees' needs.

Agencies are advised to consult with membersof EEO groups so that any special needs can beidentified and included.


8/11

Features of a system

The features of an effective system to manageemployee concerns and grievances include:

clear objectives for the system andprocedures;

clear identification of the member of theexecutive team with accountability for thesystem;

options to provide a choice for employeesthat include:

an informal procedure whereassistance will be given to resolvean issue at the local level throughsuch processes as negotiation ormediation; and

a formal procedure; an employees manager or supervisor as

the first point of contact to:

provide access to confidential adviceand support,

receive grievances, monitor grievances to ensure serious

issues such as assault, or allegationsof corrupt practices are referred to

the grievance manager forconsideration through a formalprocedure,

attempting to resolve issues at thelocal level by an informal procedure,advice and referral when appropriate;

when it would be inappropriate for theimmediate supervisor or manager to dealwith the issue identified, alternative pointsof contact such as a more senior manager,personnel, EEO practitioner or othersuitable officers should be provided. Such

circumstances include:

when the issue involves thesupervisor or manager, and

when the person concerned does notfeel comfortable about approachingtheir own supervisor or manager. Anexample could be a complaint ofsexual harassment;

identified time-frames for attemptedresolution;

protection for the parties fromvictimisation;


9/11

clear guidance on record keeping; a process that ensures confidentiality; rights of access to information; a mechanism for the review or appeal of

the outcome of the formal process. Insome cases these may be external to theagency for example the IndustrialRelations Commission;

training and guidance for all people whohave responsibilities in the system;

a strategy to market the system to ensureit is well known and accessible to allemployees;

periodic review of the system to ensure itcontinues to meet agency and employeeneeds.

Reporting requirements

Within the agency the executive should receiveregular reports on:

the issues being raised and the locationwithin the agency of any emerging issue;and

the effectiveness and timeliness of theresolution of grievances.

Review and appeal of the decisions of formalprocedures

A procedure for the review of the outcomes ofa formal grievance demonstrate that an agencyis serious about ensuring its procedures are fair,impartial and just.

A review procedure when adopted should have:

a time-frame; the Chief Executive to retain responsibility

for making the final decision; and

where appropriate the parties should beinformed that at any time they have theright to take the matter to an externalagency such as the Industrial RelationsCommission, the Anti-Discrimination Boardor the Independent Commission AgainstCorruption.


10/11

Communicating the Policy and Procedures

Agencies must ensure open and fair access tothe procedures. Employees should be encouragedto understand and use the procedures.

The following suggestions for communicatingthe policy within agencies have proven to beuseful:

publicity materials - brochures, posters,stickers, and agency-specific video or audiotapes to provide information to people inremote locations;

the integration of the topic of dealing withcomplaints and grievances into existingtraining;

training or information sessions specificallyabout the policy and procedures;

discussion of the policy and procedures atstaff meetings;

articles published in agency newsletters; reminders attached to pay advice slips; in response to the diversity of the

workforce:

the publication of material in communitylanguages;

the development of audio tapes forpeople with visual impairment, and

the use of language interpreters and signlanguage interpreters for people withhearing impairments.

Further InformationAdvice, assistance and publications

The Office of the Director of Equal EmploymentOpportunity in Public Employment (ODEOPE)Level 17, Bligh House, 46 Bligh StreetSydney NSW 2000Telephone (02) 9248 3555 Fax (02) 9248 3500TTY (02) 9248 3544

Premiers DepartmentGovernor Macquarie Tower1 Farrer PlaceSydney NSW 2000Telephone (02) 9228 5559 Fax (02) 9228 3121

The Anti-Discrimination Board of NSWLevel 17, 201 Elizabeth Street


11/11

Sydney NSW 2000Telephone (02) 9268 5555 Fax (02) 9268 5500TTY Telephone (02) 9268 5522

Publications of particular interest

Harassment Free Workplace: Policy and Guidelines The Office of the Directorof Equal Opportunity in Public Employment and the Public EmploymentOffice. Sydney, 1996.

Grievance Procedures - How to Investigate Grievances and Live to Tell. Corinne

Canter, NSW Anti-Discrimination Board. A paper presented at the CCH EEO

Seminar Critical Issues, Sydney 1995.

Download - Dealing With Employee Work-Related Concerns and Grievances

Top Related