Grievance procedures - staff

Policy Statement

At Cybertots Child Care Centre we aim to foster positive relations between all staff and management. Every staff member has the right to a harmonious and responsive working environment. Solutions are sought to resolve all disputes, issues or concerns that impact or affect the day to day well being of the centre in a fair, prompt and positive manner.

Considerations:

• Philosophy - The right for quality care. Harmonious, warm and positive environment. Positive team management.
• Legislation - Requirements under appropriate Child Care Awards; Federal unfair dismissal Legislation.
• Children's needs - Need and respect for a harmonious, happy environment; role model for interactions.
• Parents needs - Harmonious environment for their child.
• Staff needs - Ability to voice concerns/issues in a positive and confidential manner.
• Management needs - Effective grievance policy in place in order to make informed decisions. To deal with grievance in a positive manner and to address all grievances immediately.

How Policy will be implemented (Specific Policies and Procedures):

• Every employee is provided with clear written guidelines detailing grievance procedures
• All confidential conversations/discussions will take place in a quiet area away from children, parents and other staff
• Staff names remain confidential. The option to remain anonymous will be at the discretion of each staff member.

Procedures:

1. Establishing Guidelines:
   • Disputes and conflicts at the centre may be avoided if clear guidelines are in place. All employees should have copies of their duty statement, conditions of employment and detailed guidelines about the centre philosophy, policies and procedures. A thorough orientation process needs to be put into place for new staff members to ensure they are clear about their roles and responsibilities, and include an orientation of Cybertots intranet.
   • Regular reviews of employee's performance at the centre should be undertaken. In these reviews the employee should be helped to set goals for improvement and should be offered whatever support the centre can provide towards achieving their goals.
2. Procedure For Dealing With Staff Conflict
   • if the behaviour of another staff member is interfering with your work then advise that person of the problem direct and try to work out a mutual resolution
   • if the problem remains unresolved approach the Director for advice or,
   • if the dispute is of an extremely sensitive nature or involves the Director, contact the Chairperson.
3. Procedure For Dealing With Poor Work Performance And Unacceptable Behaviour
   • It is a requirement under the Child Care Award that when an employee's work or conduct falls to an unacceptable level, the sponsoring body / employer is to notify an employee in writing that their work/behaviour is unsatisfactory. The areas of dissatisfaction need to be detailed and in each case of the Child Care Award, the employee notified that he/she has four weeks to bring their work performance or behaviour up to an acceptable level.
   • Another condition of these awards is that the employee has the right to appeal against the alleged unsatisfactory work or behaviour level and has the right to speak on his/her own behalf or to have a union representative appear before the employer on their behalf.
   • The union's role in any dispute is to protect the rights of its members. The following process should ensure a dismissal will be deserved and so avoid a potentially long and tedious battle in the Industrial Commission. The aim of the process is to solve the problem through behaviour modification with dismissal being a last resort.
4. Stage I - Verbal Warning
   • An employee should be told as soon as possible of any complaint concerning their work performance and given the opportunity to respond to the concerns expressed and changes required.
   • An informal, interview should be held, attended by the employee and one or more of the following persons - Director, Chairperson. (a record should be made that the interview took place but at this point there is no need for minutes to be taken).
   • Complaints about the employee's work should be specific and relate to the job description. An outline should be given to the employee on how they must improve their performance and a review period set for 1-4 weeks depending on the particular circumstances.
   • Any support that the employee requires should be identified and put in place to assist in making the required changes.
5. Stage II - Written Warning
   • The employee is to be given reasonable notice of the date, time and reason for the interview. This will allow for the employee to arrange attendance by a workplace union representative, union organiser, or their chosen representative if desired.
   • A formal documented interview should be held with a copy of the record of the interview provided to the employee, the Director and one placed on the employee's file. Documentation to include:
     1. specific details of performance standards not being achieved or note maintained
     2. action to be taken if standards are not achieved or maintained
     3. the date at which the performance will be reviewed
     4. signatures of all relevant parties at the interview that it is an accurate record of the proceedings but on the part of the employee not necessarily agreement
     5. if the employee disagrees with the assessment then there must be a right of written reply which will also be attached to the file.
6. Stage III - Written Warning
   • A second formal documented interview is held. A verbal warning is given followed up by a "Letter of Warning" which includes specific areas where improvements must be achieved, the consequences for lack of improvement (that job loss may be the final result), and the review date.
   • Documentation of the interview follows the same requirements as set out in Stage II.
7. Stage IV - Final Written Warning
   • The Management Committee conduct a third formal documented interview with the employee in which another written warning may be given that continuing failure to improve will result in suspension or dismissal
   • All other procedures as set out in Stage II will be followed.
8. Termination Of Employment
   • If the interviewing panel believe that the employee's performance has not improved after the Stage IV interview, it must be decided whether to recommend to the Management Committee.
   • Alternative employment is available and should be offered. If the employee does not accept then the Director/Management Committee may issue a notice of dismissal. If the employee accepts, a new contract is issued "without loss of service" or,
   • Employment should be terminated.
   • A dismissal notice should include the effective date of dismissal, reasons for dismissal and termination of payment as per award entitlement. The length of notice of dismissal, detailed in the relevant award, is usually two weeks. An employee may be paid out in lieu of such notice.
   • Under the new Federal unfair dismissal laws the length of notice which the employer must provide relates to the employees length of continuous service.

   Employee’s Continuous Service	Notice or Payment in Lieu of Notice
   Not more than 1 year	1 week
   More than 1 year but less than 2 years	2 weeks
   More than 2 years but less than 3 years	2 weeks
   More than 3 years but less than 5 years	3 weeks
   More than 5 years	4 weeks

   This requirement is in respect of both award-free and federal and state award covered employees. These are minimum requirements only. If an employee is entitled to greater notice under an applicable Award the employer must meet this obligation. Therefore people in the Child Care Industry, paid under an applicable Child Care Award will usually be entitled to a minimum of two weeks notice.

9. Unlawful Dismissal
   • Reforms to the Federal Governments Industrial Relations Law have been introduced to protect employees from being unfairly dismissed.
   • For a dismissal to be lawful an employer must:
     • have a valid reason relating to the employee's capacity or conduct, or the operational requirements of the business
     • give the employee the chance to respond to allegations about conduct or work performance
     • give the required notice, or compensation instead of notice.
   • An employee cannot be dismissed without a valid reason. An employer is not allowed to dismiss an employee because of:
     • temporary absence because of illness or injury (except unpaid sick leave more than 3 months)
     • union membership
     • non-membership of a union
     • acting as an employee representative
     • making a legal complaint against the employer
     • race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin - unless termination for any of these reasons is based on the inherent requirements of the job (there is also partial exception for religious institutions)
     • absence from work during maternity or parental leave.
   • An employee or relevant union may take cases alleging unlawful or unfair dismissal to the State or Federal Industrial Relations Commission. Before either Commission arbitrates the matter it will be referred for conciliation. Most cases are settled this way. After arbitrating a case that could not be settled by conciliation, the Commission may order the employer to reinstate the employee and/or pay compensation up to 6 months wages.
10. Procedure For Dealing With Serious Unacceptable Behaviour / Gross Misconduct
    • Where an employee in the workplace:
      • intentionally endangers life
      • is found stealing
      • reports to work under the influence of drugs or alcohol
      • inflicts or threatens physical or sexual abuse or harassment.
    • The Director/Management Committee suspends the employee without loss of pay pending an investigation. The investigation is to be completed as soon as possible.
    • The written results of the investigation should be sent to the employee and an interview arranged to allow the employee to respond.
    • The employee needs to be advised that they are welcome to have a representative at the interview if they wish.
    • The interview is to be attended by the Director/member of management committee or employer's representative, the person reporting the unacceptable behaviour, the employee, and the employee's representative if desired. The employee is to be advised formally of the findings of the investigation and asked to respond.
    • The employees responses to the investigation results should be assessed:
      • if credible, then either the matter will come to an end there and then, or a warning may be issued if appropriate
      • if further investigation is required, then the above steps will be repeated
      • if not credible, then a decision will be made to terminate immediately with written confirmation to follow.
    • It is not necessary to give the minimum notice or compensation in lieu of notice if the employee is guilty of misconduct which would make it unreasonable to continue employment throughout the notice period. In this case salary shall be paid up to the time of dismissal only.