Grievance and dispute settling procedures Clause Examples
Grievance and dispute settling procedures. 35.1 All grievances and disputes relating to the provisions of this Enterprise Agreement will initially be dealt with as close to the source as possible. If required, graduated steps will be taken to resolve the grievance or dispute at higher levels of authority, in accordance with the NRC policy.
35.2 A staff member is required to notify their immediate manager(s) in writing, outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought.
35.3 Where the substance of the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti- Discrimination Act 1977 (NSW)) which make it impractical for the staff member to notify their immediate manager, the staff member may notify the next appropriate level of management, including the Commissioner or delegate.
35.4 The immediate manager will convene a meeting to resolve the grievance, dispute or difficulty within 2 working days of receiving the notification or, if that is not possible, as soon as practicable.
35.5 If the matter remains unresolved with the immediate manager, the staff member may notify the appropriate person at the next level of management in writing, again outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought. This manager will respond within 2 working days or, if that is not possible, as soon as practicable. If the matter still remains unresolved, the staff member may continue to notify successive levels of management until the matter is referred to the Commissioner or delegate.
35.6 At any stage of the dispute and grievance settling procedure, the staff member may request to be represented by their union. In addition, the Commissioner or delegate or the staff member may refer the matter to mediation.
35.7 If the matter remains unresolved, the Commissioner or delegate will provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, outlining the action to be taken, or the reason for not taking action, in relation to the matter.
35.8 The staff member, their union on their behalf, or the Commissioner or delegate may refer the matter to the New South Wales Industrial Relations Commission (the Commission) if the matter is unresolved after the use of this procedure.
35.9 The staff member an...
Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee and the Employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any other matters agreed upon. The procedure shall apply to a single Employee or any number of Employees. A Union covered by this Agreement may commence, and be a party to, a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks to prevent and resolve disputes closest to the source of the problem as soon as possible, in a manner which is fair and acceptable, in terms of outcomes, for all parties.
4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should:
(a) Discuss the grievance or dispute with their immediate leader;
(b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after the grievance or dispute is raised;
(c) If the grievance or dispute cannot be satisfactorily resolved at this stage the matter will be referred by either party to the next level of management within five (5) working days. If there are some exceptional reasons why the grievance or dispute cannot be discussed with the leader, the Employee may proceed to have the problem dealt with under this sub-clause.
(d) If the grievance or dispute cannot be satisfactorily resolved at this level it will be referred by either party to the appropriate People and Culture Representative.
(e) If the grievance or dispute cannot be satisfactorily resolved at this level, then either the Employer, or the Employees or their chosen representatives, may refer the matter to the FWC.
i. The FWC is empowered to conciliate or, as a last resort, arbitrate a resolution to the dispute.
ii. Where a dispute is referred to the FWC for conciliation and/or arbitration, the FWC shall have the power to do all such things as are necessary for the resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
iii. Any order arising from the FWC shall be binding, subject to appeal.
4.8.3 Where the grievance involves allegations of a personal nature, sexual harassment, workplace ...
Grievance and dispute settling procedures. Where a dispute or grievance arises out of the operation of this Agreement it shall be dealt with in accordance with the Grievance and Dispute Settling Procedures in the parent award.
Grievance and dispute settling procedures. 45.1 In the event of a dispute arising out of disciplinary action or from any claim for any other reason, the following procedure shall apply.
(a) the matter shall first be discussed by the aggrieved employee(s) with the immediate Supervisor;
(b) in the event of failure to resolve the dispute, a union representative shall confer with the appropriate supervisor and/or manager of the employee;
(c) in the event of failure to resolve the dispute, the matter shall then be referred to a management representative(s) and an appropriate officer of the union(s), who will confer and attempt to reach settlement;
(d) in the event of failure to resolve the dispute by means of amicable agreement between the parties, any party to the agreement may notify the matter to the Industrial Registrar for determination by the NSW Industrial Relations Commission.
45.2 It is the purpose of this procedure that normal work continue while the above is being followed, excluding occupational health and safety issues, where if necessary, the employer will provide for Workcover Authority inspections. No party shall be prejudiced as to final settlement by the continuance of work in accordance with the disputes procedure. Provided that nothing in this clause shall be taken to limit the employer's right to dismiss any employee for misconduct which justifies instant dismissal.
Grievance and dispute settling procedures. (a) The Centre and its employees recognise that individual and group problems arise from time to time and it is necessary to resolve these problems quickly. The Board of Directors and employees are committed to resolving grievances through open communication and in a manner consistent with cooperative work practices.
(b) A grievance includes a complaint or dispute, including one between the parties to this Agreement, involving the meaning of or application of any provision of this Agreement and may also include the following: • any condition of employment, or any provision of this Agreement, and the meaning of, or the way it is applied by the Centre; or • a decision of the Centre/ Board of Directors which affects an employee or group of employees; or • the behaviour or conduct of another employee or of a member of the Board of Directors; or • any discrimination, harassment or bullying; or • any decision or action taken under the Counselling & Disciplinary Procedure of this Agreement; or • any other matter that affects an employee in their employment.
(c) At all stages of the grievance process the Centre will ensure that the principles of natural justice are observed and employed.
(d) At all stages of the grievance process the Centre will ensure that the privacy of all parties affected is respected and confidentiality observed.
Grievance and dispute settling procedures. Parties to a dispute may appoint a person, organisation or union representative of their choosing to represent them in the dispute settlement process. The company agrees to engage with the union in good faith for the purposes of dispute resolution including by allowing the employees access to a relevant union official in the workplace to assist with representing employees dealing with a dispute under the terms of this dispute resolution procedure.
Grievance and dispute settling procedures. 19.1 The intention of this procedure is to facilitate the timely resolution of grievances and disputes between the Employer and Employees, provide for parties to nominate a representative of their choosing, and prescribe a role for independent determination of the matters if the parties are unable to settle the matter themselves.
19.2 The scope of the procedures are to be construed widely, so as to facilitate dispute resolution.
19.3 The following procedure will apply if a dispute arises out of this Agreement or in relation to the National Employment Standards or any other work related matter:
Step 1 The Employee(s) will discuss the matter with their immediate supervisor.
Step 2 If the matter is not resolved at Step 1, the Employee(s) and a person from the Employer’s management will meet to discuss the matter.
Step 3 If the matter is not resolved at Step 2, the Employee(s) and a person from the Employer’s senior management will meet within a reasonable time to discuss the matter.
Step 4 If the matter is not resolved at Step 3, the Employee(s) and a person from the Employer’s Executive will meet within a reasonable time to discuss the matter.
Step 5 If the matter is not resolved at Step 4, the Employee(s) and the Chief Executive Officer will meet within a reasonable time to discuss the matter.
Step 6 If the matter is still not resolved at Step 5, the parties will meet and confer and discuss whether they can agree upon an independent conciliator or mediator to assist in the resolution of the matter.
Step 7 In the event that the parties are able to agree on an independent conciliator or mediator to assist in the resolution of the matter, both parties will notify such person or body. At this stage the independent body will be empowered to conciliate or mediate resolution.
Step 8 In the event that the parties cannot agree upon an independent conciliator or mediator, or such person is unable to settle the grievance or dispute, under Step 6 and within 48 hours of Step 6 being commenced, then any party to the dispute or representative may apply to the Fair Work Commission(FWC) to resolve the matter.
1. FWC will initially deal with a dispute by:
(a) mediation or conciliation; and/or
(b) making a recommendation or expressing an opinion.
2. If the dispute remains unresolved, the FWC may arbitrate the dispute.
3. Without limiting any powers available under the Fair Work Act 2009, FWC may exercise the procedural powers in relation to conferences, hearings, evidence and...
Grievance and dispute settling procedures. 2.1.1 As part of its obligation for a better working environment the company will implement a management plan that addresses potential issues of dispute and defuses that potential where possible.
2.1.2 In the first instance an employee should submit a request concerning a work related issue to their immediate Team Coordinator and Supervisor. A work related issue includes, but is not limited to; programming of work, site issues, Workplace Health and Safety, job design, productivity issues, management policies, agreement compliance, wages and conditions, compliance with statutory obligations, or any other issue.
2.1.3 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
2.1.4 If the matter cannot be resolved at this stage the following procedure shall be applied:
(a) The employee may raise the matter with their Employee Representative (if relevant), who shall submit the issue to their supervisor, or the employee may raise the matter directly with the supervisor.
(b) If not settled at this stage, the Employee Representative (if relevant), or supervisor, may submit the matter to the Project Manager for consideration.
(c) If not settled at this stage, the matter will be placed for determination in the hands of the Company’s Senior Management and, if applicable, employee’s nominee.
(d) If the issue still exists after the abovementioned processes have been carried out then the matter may be referred to the Australian Industrial Relations Commission (Commission)
Grievance and dispute settling procedures. As part of its obligation for a better working environment the company will implement a management plan that addresses potential issues of dispute and defuses that potential where possible.
2.1.1 In the first instance an employee should submit a request concerning a work related issue to their immediate Team Coordinator and Supervisor. A work related issue includes, but is not limited to; programming of work, site issues, Workplace Health and Safety, job design, productivity issues, management policies, agreement compliance, wages and conditions, compliance with statutory obligations, or any other issue.
2.1.2 If the matter cannot be resolved at this stage the following procedure shall be applied: (nothing in these procedures will prevent the employee being represented by a party of their choice)
(i) The employee may raise the matter with their employee representative (if relevant), who shall submit the issue to their supervisor, or the employee may raise the matter directly with the supervisor.
(ii) If not settled at this stage, the employee, or the employee representative (if relevant), or supervisor, may submit the matter to the operations manager for consideration.
(iii) If not settled at this stage, the matter will be placed in the hands of the Company's senior management and a person chosen by the employee.
(iv) If the parties do not accept the determination reached at step (iii) then the matter may be referred to the Australian Industrial Relations Commission for conciliation, and, if necessary, arbitration, or such other dispute resolution process as agreed between the company and the affected employee or employee representative.
2.1.3 Whilst the above procedures are being followed work shall continue as it was prior to the issue occurring. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause.
2.1.4 It is acknowledged that this clause does not apply to safety issues.
Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.