H1. Grievance Procedures

H1.1 Introduction
H1.2 Policy statement
H1.3 Procedures
   H1.3.1 General Provisions and Principles
   H1.3.2 First Level: Facilitation
   H1.3.3 Second Level: Mediation
   H1.3.4 Third Level: Referral to AIRC

H1.1 Introduction

H1.2 Policy statement

The University provides a mechanism for employees to raise a complaint or grievance in relation to internal human resources or related matters. These procedures emphasise a collegial approach to grievance resolution through information facilitation and mediation, and are designed to lead to a prompt resolution of difficult problems.

(Approved by Council June 1998)

H1.3 Procedures

Throughout these procedures, "nominated representative" means, in relation to an employee, a person selected by the employee to assist or represent the employee.  The person may be either another employee of the University (but not if such a person is a currently practising solicitor or barrister) or, at the request of the employee, an officer or employee of the relevant Union, or any person chosen by the employee who does not present a conflict of interest.  In relation to the University, it means a person selected by the University to assist or represent the University.  The person may be either an employee of the University (but not if such a person is a currently practising solicitor or barrister) or, an officer or employee of the AHEIA or any other person chosen by the University who does not present a conflict of interest.

H1.3.1 General provisions and principles

H1.3.1(a) These grievance procedures are governed by the following principles:

• Grievance procedures will not be used to challenge decisions of the Council, or procedures required by industrial legislation or regulations;
• Where a grievance arises as a result of a University decision, the University will, where possible, refrain from the activity during the period taken up by discussion under these procedures which will be completed within 21 days where practicable.   Additionally, the status quo of the employee concerned will, where possible, remain unchanged in all other aspects; 
• Where the employee or, where they choose, their nominated representative, and the Executive Director, Human Resources agree, the time-limits set out in these provisions may be extended and/or the grievance process may begin at the Second Level of these procedures;
• Where two or more employees believe they have an identical or common problem, they may take action together and the matter will be dealt with as a single grievance;
• A matter raised within these procedures may be withdrawn by the employee or, where they choose, their nominated representative, at any stage during these procedures by notice in writing, to the Executive Director, Human Resources;
• Offers of compromise as well as agreements reached during these grievance procedures will not constitute precedents in regard to similar grievances, and are without prejudice to positions taken in similar circumstances or more general issues.

H1.3.2 First level: facilitation

H1.3.2(a) When an employee wishes to raise a grievance with the University within these procedures, that employee must initially attempt to resolve the grievance through discussions with the other party or parties involved in the grievance process.

H1.3.2(b) The employee must also verbally advise the employee's immediate supervisor of the situation. Where the employee claims to have been aggrieved by the employee's immediate supervisor, the employee may instead inform the supervisor's immediate superior, if the employee feels unable to approach the immediate supervisor on the grievance issue.

H1.3.2(c) Human Resources is available to facilitate one-on-one discussions, on request.

H1.3.2(d) The person or persons with whom the grievance is raised will make a full verbal response to the employee not later than five working days, where practicable, from the date the matter is raised.

H1.3.2(e) The Category 4 Delegate or above must ensure the matter proceeds in accordance with the time frames stated in these procedures and the dates of meetings are clearly documented.  The employee may, where they choose to, be assisted by a nominated representative in preparing for, and participating in these procedures.

H1.3.3  Second level: mediation

H1.3.3(a) If the employee is dissatisfied with the reply (or if there was not a timely reply at the First Level), the employee, or, where requested, their nominated representative, must advise the Executive Director, Human Resources, of the unresolved grievance.

H1.3.3(b) At the request of the parties involved in the grievance process, or at the discretion of the Executive Director, Human Resources, the Executive Director, Human Resources will arrange a mediation of the grievance with the aggrieved person or persons by independent and neutral mediators, within five working days where practicable.

H1.3.3(c) The Executive Director, Human Resources will ensure that all parties involved are fully informed of the grievance, including the provision of any related written material(s).

H1.3.4  Third level: referral to AIRC

H1.3.4(a) Where the grievance remains unresolved after five working days, or as soon as practicable, following the mediation, either party to the grievance process may refer the matter to the Australian Industrial Relations Commission (AIRC).

H1.3.4(b) All recommendations made by the AIRC will be binding on the parties involved in the grievance process and will constitute a settlement of the matter.