Although the following excerpts from TAFE NSW’s ENTERPRISE AGREEMENT 1995 Grievance Resolution refer to staff, the principles and human rights and ethics contained therein are universal.
TAFE NSW Policy: Grievance Resolution:
“The new Grievance Resolution policy applies to all the Commission’s staff.
“126.96.36.199 A grievance is a statement or approach by a staff member(s) to a supervisor/manager on a work related problem, concern or complaint, which may relate to:
* harassment and/or discrimination on the basis of sec, race, marital status, Aboriginality, physical/intellectual impairment, homosexuality… psychiatric disability or age in to compulsory retirement (see Prevention of Harassment Policy).
* interpersonal conflict at work including supervisor-staff and co-worker conflicts
4.2.1 All supervisors and managers have an obligation to identify and resolve, as far as possible, causes of stress to staff without waiting for a grievance to be expressed.
4.2.13 Victimisation of any staff member as a result of using this policy is totally unacceptable and could lead to formal discipline action.
5.1.1 Where a staff member(s) has a grievance the matter should be brought to the attention of the immediate supervisor/manager as soon as practicable…
Page 9 *grievances can be raised either verbally or in writing…
Page 2: * line managers are responsible for handling grievances…there are specified time-frames for dealing with grievances
3.1 This policy aims to create and maintain a productive and positive, non discriminatory and harassment free work environment.
3.2 The Commission’s management has a responsibility to prevent, identify and resolve problems in the workplace
3.3 Every staff member has a responsibility to treat other staff in a way which will not cause distress.
5.0.2 …The emphasis is on the resolution of grievances in the workplace at the level at which they occur. The objective is to resolve the grievance as soon as possible.
5.1.4 Supervisors will address the matter within 5 working days, either by way of resolving the grievance or negotiating an agreed method and time-frame of proceeding.
4.2.9 A grievance is considered concluded, although not necessarily resolved, when a person with a grievance chooses to withdraw. The grievant should advise the person handling the grievance either in writing or verbally.
4.2.10 Wherever possible grievances should be resolved in a way that is satisfactory to all those involved. Grievances are usually only considered resolved when the cause of the grievance has been removed or dealt with, and when arrangements have been made to repair and make good any damage and distress suffered by the grievant and/or respondent.
32 .9.3 " all staff should be afforded 'natural justice' insofar as they should know what has been alleged, have the right to seek advice, reply to allegations and the right to be heard by an unbiased person"
32.13.4 Nothing contained in this procedure shall prevent …the Managing Director or his/her nominee from entering into negotiations at any level. This may be at the request of a member/s or on their own initiative.
33.6 The parties agree that, while the [grievance] procedure is being followed, the status quo will remain.