Part H - Disciplinary and Grievance Matters

53. Employment Related Grievance Resolution Procedure

53.1 The University seeks to encourage:

Frequent discussion between staff and managers of the University;
Co-operation between and amongst staff of the University;
A reduction in misunderstandings; and
The opportunity for the satisfactory resolution of problems and grievances in a positive and constructive manner.

53.2 These procedures provide staff members with a streamlined and user-friendly grievance resolution process that facilitates fair treatment of grievances and their resolution in a conciliatory, informal and effective manner without undue delay.

53.3 Appeals against appointment, classification or promotion are expressly excluded from the operation of these grievance procedures as there are other mechanisms which address these issues. Staff who have commenced proceedings, which are continuing, under the discrimination and sexual harassment grievance procedures, OH&S grievance procedure or the dispute settling procedure are excluded from starting proceedings relating to the same or closely related subject matter under these procedures.

Role of the advisers

53.4 Advisers are staff members of the University whose role is to provide advice to a staff member who is considering pursuing a grievance, about the process and its operation for resolving a grievance. Advisers will have been trained specifically in this role before they can be designated as an Adviser.

53.5 The role of the Advisers is to act fairly and impartially to provide information and support in confidence to a staff member of the University who perceives that he/she may have a grievance arising out of unfavourable treatment or decisions which adversely affect him/her in his/her capacity as a member of staff of the University.

53.6 The Adviser will not disclose any information about a staff member without the staff member's consent, except where the Adviser holds a reasonable belief that failure to disclose to an appropriate authority will lead to serious harm to an individual or the community.

Grievance Resolution

53.7 It is expected that in most situations the staff member will first discuss the grievance with his/her supervisor. A staff member may contact an Adviser or a Representative at any stage of the grievance procedure for advice on how to deal with the grievance.

53.8 Where the aggrieved staff member discusses the matter with his/her supervisor, all reasonable attempts to resolve the issue must be made as soon as practicable and normally within five working days.

53.9 If the matter is not resolved by the supervisor to the satisfaction of the aggrieved staff member within five working days, the staff member may request a meeting with the relevant organisational head as appropriate, and any person(s) directly involved. This meeting will normally be held within 5 working days of the request.

53.10 If the grievance has still not been resolved to the satisfaction of the aggrieved staff member, within ten working days of the request for a meeting with the relevant organisational head the matter will be referred by the aggrieved staff member to the Director, Workplace Relations for advice on the next stage of the procedure and other options available to the staff member.

53.11 If after a further period of 10 days, the grievance has still not been resolved following notification to the Director, Workplace Relations the aggrieved staff member will decide whether the matter will be referred to:

an independent conciliator; or
a Grievance Panel (convened in accordance with clause 53.17).

53.12 The Director, Workplace Relations will be notified accordingly and will either arrange the conciliation meeting or convene a Grievance Panel as requested within ten working days.

53.13 A referral by an aggrieved staff member can only be made within twelve months of the last incident capable of forming the subject matter of the complaint.

Independent Conciliators

53.14 An independent conciliator will be agreed between the parties to the grievance. If agreement cannot be reached on the appointment of an independent conciliator the matter will default to investigation by a Grievance Panel.

53.15 The independent conciliator will investigate the matter and attempt to facilitate a fair and reasonable conclusion to the grievance as expeditiously as possible and will have access to all relevant documents.

53.16 The independent conciliator may make recommendations as to how to resolve the grievance which may include a recommendation that the matter be referred to a Grievance Panel.

Grievance Panel

53.17 Where a matter is referred to a grievance panel, the grievance panel will be convened forthwith in accordance with clause 12. The Director, Workplace Relations will be responsible for providing secretarial support and convening a Grievance Panel with both genders represented.

53.18 Parties to grievances will be provided with all relevant and appropriate information at least three working days in advance of any hearing.

53.19 A Grievance Panel will normally complete its inquiry within twenty working days of the date of commencement of its inquiry. If the Grievance Panel does not complete its deliberations within twenty working days, it must make application to the Vice-Chancellor for an extension of time, putting forward the grounds for the extension and outlining the time frame in which it will reach a conclusion.

53.20 After considering the matter, a grievance panel must make a confidential written report to the Vice-Chancellor with a statement or recommendation that:

the grievance has been resolved; or
the grievance remains unresolved; or
the parties to the grievance should undertake certain agreed courses of action.

53.21 If the Grievance has not been resolved, the Vice Chancellor may then take whatever action (including no action) that the Vice Chancellor reasonably determines, taking into account the report of the Grievance Panel, to endeavour to resolve the grievance.

53.22 If the grievance is resolved the Director, Workplace Relations will monitor the settlement for up to six months after resolution and provide a written report to the Vice-Chancellor and parties to the grievance.