B/10.1 Grievance resolution procedures for workplace related grievances and bullying

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10.1.1 Application
10.1.2 Directives
10.1.3 Procedures
10.1.4 First Level - Early Conciliation
10.1.5 Second Level - Further Conciliation
10.1.6 Third Level - Investigation
Related Documents
Modification History

These procedures deal with workplace related grievances in accordance with QUT's Grievance Resolution Policy ( A/6.1 ). The procedures provide a mechanism for handling workplace related grievances in an unbiased and fair manner through a process of conciliation or investigation where appropriate. They are underpinned by the principles of natural justice and procedural fairness and emphasise the resolution of the grievance as early as possible and as close as possible to the source.

There are separate procedures for the resolution of discrimination related grievances ( A/8.5 ) and student related grievances ( E/9.2 ).

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10.1.1 Application

(a) The procedures described in this document apply to staff and are designed for the resolution of grievances; complaints, disputes or problems related to internal workplace matters affecting staff. Grievances may include complaints relating to workplace bullying as defined in the Grievance Resolution Policy.

(b) These procedures do not apply if the subject of the grievance relates to the following:

1. University actions required by legislation (including industrial legislation and regulations), awards or agreements which require the University to deal with a matter in a particular way
2. decisions of University Council
3. the content of approved policies of the University
4. policies or clauses in enterprise bargaining agreements in which an alternative review / grievance resolution procedure is outlined eg personal promotion, probation and redundancy.
5. disciplinary matters, ie unsatisfactory performance, misconduct and serious misconduct.

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10.1.2 Directives

The following directives apply to workplace related grievance resolution procedures:

(a) The complainant who initiates the grievance resolution process may withdraw from the process with advice in writing to the Human Resources Director or nominee. This will not prevent the University from continuing to pursue matters relevant to the grievance where the University considers it appropriate having regard to all circumstances.

(b) The parties involved in the grievance must participate in good faith at each level of the grievance resolution procedures. The University may take action in accordance with procedures for misconduct or serious misconduct if any party refuses to participate in the procedures.

(c) Where two or more complainants believe they have an identical or common problem, they may take action together and the matter may be dealt with as a single process.

(d) A representative may assist or speak on behalf of each of the parties at any level of these procedures. A representative means:

1. in relation to a staff member, a person chosen by the staff member to assist or speak on their behalf. At the choice of the staff member, this person may be an officer of the staff member's union.
2. in relation to the University, a person who assists or speaks on behalf of the University.

A representative will not be a person who is currently practising as a solicitor or barrister.

(e) A complainant's representative may enter into direct discussions with the University to resolve or address matters relevant to a grievance.

(f) Time limits are set at each level to ensure speedy resolution of issues. Processes must be completed within these time limits unless the parties agree otherwise.

(g) Confidentiality will be respected and maintained at all times within the constraints of the need to fully investigate the matter and within the principles of natural justice.

(h) Settlements reached through these procedures shall not constitute precedent

(i) Where a grievance arises under these procedures the University shall where possible suspend activities relating to the grievance during the operation of these procedures. The status quo of the complainant shall where possible remain unchanged in all other respects.

(j) Where a staff member (or the staff member's Representative) and the Human Resources Director (or nominee) agree, the grievance resolution process may begin at the " Third Level " of these procedures.

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10.1.3 Procedures

The internal University procedures for workplace grievances follow the three level framework depicted in the diagram Workplace Related Grievances and Bullying - Grievance Resolution Process . The detailed procedures are described below. All timelines at each level are to be followed unless otherwise agreed between the complainant and the relevant University officer.

Before initiating these grievance resolution procedures, a complainant may wish to seek further information and advice from relevant officers in the Human Resources Department about whether these procedures best suit their grievance situation.

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10.1.4 First Level - Early Conciliation

The University's approach to grievance resolution focuses on seeking to resolve grievances at the earliest possible stage. The First Level of these procedures is therefore the most important if early resolution is to be achieved.

The complainant or supervisor may seek assistance from relevant officers within the Human Resources Department in order to seek to resolve the matter at this level. These officers may assist with the process of conciliation.

The steps involved in reporting a grievance under the First Level of these procedures are outlined below:

(a) The complainant or representative will advise the immediate supervisor, verbally or in writing, that a grievance exists and the nature of and parties to the grievance. However, where a complainant claims that the immediate supervisor is a party to the grievance, the complainant shall instead report the conflict situation to an appropriate supervisor or person responsible for the area in which the alleged grievance arose.

(b) The supervisor shall make written response to the complainant normally no later than ten working days from the date the matter is raised.

The focus at the First Level is on informal discussion and conciliation. In seeking to resolve the grievance, the supervisor may:

• discuss the situation with the complainant and other parties to the grievance (either together or separately); and
• discuss with the parties options for resolution.

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10.1.5 Second Level - Further Conciliation

If the complainant believes that the grievance has not been resolved, the grievance may proceed to the Second Level in accordance with the following procedures:

(a) The complainant or representative will advise the Human Resources Director (or nominee), in writing, that the grievance has not been resolved.

(b) This advice should outline full and concise details of the grievance, including the parties to the grievance, and steps taken to resolve the grievance.

(c) The Human Resources Director (or nominee) shall give advice to the head of organisational unit about an appropriate course of action to deal with the grievance. The course of action will normally include a meeting arranged by the Human Resources Director (or nominee) and held within ten working days (unless otherwise agreed) between the head of the relevant organisational unit, the complainant and other parties to the grievance.

Should the grievance involve more than one organisational unit, the Human Resources Director (or nominee) upon being so advised will give advice to all heads of relevant organisational units involved about an appropriate course of action to deal with the grievance. The course of action will normally include a meeting arranged by the Human Resources Director. Such a meeting will include the heads of the relevant organisational units, the complainant and other parties to the grievance. The complainant shall be advised, in advance, of the meeting and of the parties attending the meeting.

(d) The head(s) of organisational unit(s), on the advice of the Human Resources Director may appoint an independent person who is external to the University to assist in the conciliation process.

(e) The head of organisational unit shall make written response to the complainant not later than twenty working days from the date the matter is raised with the Human Resources Director.

Like the First Level, the Second Level focuses on informal discussion and conciliation. In seeking to resolve the grievance, the head of organisational unit may:

• discuss with the complainant and other parties the reasons why the grievance could not be resolved at the first level;
• discuss the conflict situation with the parties to the grievance (usually together);
• discuss the facts related to the grievance;
• discuss with the parties options for resolution.

The complainant or supervisor may seek assistance from relevant officers within the Human Resources Department in order to seek to resolve the matter at this level. These officers may assist with the process of conciliation.

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10.1.6 Third Level - Investigation

If the complainant believes that the grievance has not been resolved the grievance may proceed to the Third Level in accordance with one of the following procedures:

• Panel Hearing
• Workplace Bullying

Where the grievance concerns allegations of workplace bullying (as defined by the University's Grievance Resolution Policy ) the procedures outlined below in (b) Workplace Bullying shall apply.

(a) Panel Hearing

1. The complainant or representative shall advise the Human Resources Director (or nominee) in writing of the continuing unresolved grievance.
2. The Human Resources Director (or nominee) shall establish a grievance resolution panel comprising:
   • two senior University officers; and
   • two staff members nominated by the staff representatives of the relevant staff consultative committee after consultation with the complainant.
3. The panel members must be identified within five working days of the notice of the unresolved grievance.
4. The panel will meet within ten working days of the panel members being identified.
5. The panel will make all reasonable attempts to address the matter and will conduct its meetings over a period of not more than 20 working days from the date of the first meeting.
6. The panel will provide the Human Resources Director (or nominee) with its report including findings and recommendation(s), where appropriate, which may include any remedial action to resolve the grievance, within ten working days of its final meeting. The report will be signed by the panel members. Where the panel members cannot agree they must state the reasons for disagreement.
   
   The panel will:
   
   
   • define the nature and scope of the grievance;
   • provide the complainant with the opportunity to submit any relevant documentation and/or be interviewed. The complainant may be assisted by a representative to prepare any documentation or be accompanied by a representative to an interview;
   • provide the opportunity to all relevant parties directly affected by the grievance to submit documentation and/or be interviewed;
   • have the right to interview or request written statements from persons relevant to the grievance. Such persons may seek the assistance of a representative to prepare any statements or be accompanied by a representative to an interview;
   • have access to all relevant information and records
   • consider the grievance within the context of relevant University policy, where applicable.

   The panel will be assisted by a Secretary appointed by the Human Resources Director.

7. The Human Resources Director (or nominee) will consider the report and provide advice to the Vice-Chancellor on any remedial action which should be taken to resolve the grievance and whether or not disciplinary action should be commenced against the person or persons subject to the complaint.
8. Following a decision by the Vice-Chancellor written advice shall be provided to the relevant parties.
9. Where the grievance remains unresolved, the matter may be referred by the complainant or the University to the Australian Industrial Relations Commission under section 111 AA of the Workplace Relations Act 1996 " Recommendations by Consent " for settlement. In this case the parties agree to be bound by any recommendation to resolve the grievance made by the Commission.

(b) Workplace Bullying

1. The complainant or representative shall advise the Human Resources Director (or nominee) in writing of the complaint with sufficient detail to establish that the complaint is properly founded.
2. Where it is established that the complaint is properly founded the Human Resources Director (or nominee) will initiate an investigation. The Director may appoint a suitable person who may be external to the University to conduct the investigation.
3. The person conducting the investigation shall act expeditiously and shall have access to all persons and relevant information they consider relevant to fully investigate the matter consistent with the principles of natural justice.
4. The outcome of the investigation shall be reported by the Human Resources Director (or nominee) to the Vice-Chancellor and advice provided on any remedial action to resolve the grievance and whether or not disciplinary action should be commenced against the person or persons subject to the complaint.
5. Following a decision by the Vice-Chancellor written advice shall be provided to the complainant and the person(s) against whom the complaint is made.

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Related Documents

MOPP B/8.1 QUT Code of Conduct
MOPP A/6.1 Grievance resolution policy
MOPP B/8.5 Disciplinary Action for Misconduct and Serious Misconduct - Senior Staff
QUT Enterprise Bargaining Agreement (Professional Staff)
QUT Enterprise Bargaining Agreement (Academic Staff)

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Modification History

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