Grievance and Dispute Procedures Clause Samples

Grievance and Dispute Procedures. Clause 35 - Local Government (State) Award 2017.

Grievance and Dispute Procedures. 24.1 A grievance or dispute exists when an employee alleges that he or she has been treated unfairly by Council or by another employee on workplace or work related issues. Council recognises that the resolution of problems and complaints raised between employees and supervisors can contribute significantly to improving morale and productivity within the workplace. 24.2 It is Council’s desire to resolve problems through a conciliatory process wherever possible. Legal action should only apply when all steps in the grievance procedure have been exhausted. 24.3 The grievance and dispute procedure is available to employees for the presentation and settlement of grievances arising under the interpretation or application of the terms of the Agreement and Council policies as they relate to wages, hours of work and working conditions. This policy applies to all grievances and disputes not alleging discrimination, where a separate policy and procedure exists. 24.4 At any stage of the procedure, the employee(s) may be represented by: 24.4.1 their union or its local representative/delegate; 24.4.2 any other employee nominated representative, including a legal representative. 24.5 At any stage of the procedure, Council may be represented by: 24.5.1 the Association; 24.5.2 it’s legal advisor 24.5.3 any other nominated representative. 24.6 Any union delegate involved in a grievance or dispute matter shall have reasonable time, without loss of pay, to discuss a grievance or dispute with management at the local level where prior approval is sought. Such approval shall not be unreasonably withheld. 24.7 In carrying out their responsibilities to resolve the grievance or dispute, the parties have an obligation to: 24.7.1 establish or verify the facts 24.7.2 clarify the differences between reality, perception and opinion 24.7.3 maintain confidentiality, as far as possible 24.7.4 initiate or recommend actions to prevent the grievance recurring.

Grievance and Dispute Procedures. 38.1. The Grievance and Dispute Procedures of the Award shall apply.

Grievance and Dispute Procedures. (i) At any stage of the procedure, the employee(s) may be represented by their union or its local representative/delegate and the Employer represented by the Association. (ii) The union delegate shall have reasonable time, without loss of pay, to discuss a grievance or dispute with management at the local level where prior approval is sought. Such approval shall not be unreasonably withheld. (iii) A grievance or dispute shall be dealt with as follows: (a) The employee(s) shall notify the supervisor, or other person to whom the employee(s) directly report, of any grievance or dispute and the remedy sought, in writing, except where the supervisor and/or person to whom the employee(s) directly report are the subject of the grievance or they would be exposed to a conflict of interest upon being notified of the grievance. In those circumstances employee(s) shall notify the next most appropriate level of management. (b) The supervisor and the employee(s) shall meet and attempt to settle the matter in dispute or the grievance, within two business days of it being properly lodged with the Employer. (c) If the matter remains unresolved, the employee(s) may request the matter be referred to the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable. (d) If the matter remains unresolved the Chief Executive Officer shall provide the employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy. (e) Where the matter remains unresolved, it may be referred to the employee's union or representative and by the Chief Executive Officer or other authorised officer to the Association for further discussion between the parties. (iv) The Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure. (v) During this procedure and while the matter is in the course of negotiation, conciliation and/or arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal. Nothing in this clause shall prevent the Employer from temporarily adjusting work practices, where appropriate, to eliminate or control work, health and safety risks.

Grievance and Dispute Procedures. The parties to the "dispute settlement procedure" jointly recognise that it is essential for good industrial relations to be maintained, as good industrial relations will maintain jobs as well as plant profitability. These procedures do not constitute a "NO STRIKE AGREEMENT" but do recognise the necessity to absolutely minimise lost time through industrial disagreements.

Grievance and Dispute Procedures. Public Holidays

Grievance and Dispute Procedures. 30.1 The provisions of the Local Government (State) Award 2007 and its successors apply.

Grievance and Dispute Procedures. (i) Objectives The Council and the Unions agree to observe the following procedures based on the provision of information and explanation, consultation, cooperation and negotiation, in order to resolve industrial disputes with a minimum of disruption to the effective operation of the Council’s business. (ii) Undertakings (a) On the part of management an undertaking to meet quarterly with Union representatives to discuss such matters as organisational and technological change, organisation direction and financial position and any other relevant matters pertaining to Council’s operation. (b) On the part of the Unions, an undertaking to inform appropriate Council Management of emerging issues which may lead to discontent or disputation. (c) On the part of the Unions, an undertaking to not engage in industrial action until such time as the procedures in the clause have been complied with. (d) If the matter is of a national or state nature then council must be advised of the matter and the actions which the particular Union intends to take at least 7 days prior to any action occurring unless the members of the Union are given less notice of it. (iii) Dispute Settlement Process - Individual Grievances (or small group grievances). (a) Until the matter is determined, normal duty arrangements shall continue. No party shall be prejudiced as to the final settlement by the continuance of work as a result of this process. (b) Individuals who have a grievance shall follow the steps contained in this clause. The process provides for 4 separate stages, any one of which may be potentially relied on to resolve the dispute. In all other cases the matter shall be dealt with in accordance with sub-clause (iv). Preamble - as a general principle, the parties agree that the preferred method of resolving individual disputes is for the issue to be discussed between the employee and their immediate supervisor. An employee may elect to be accompanied by a union representative or other council employee at any discussions held under these provisions. Step 1 An employee who considers themself adversely affected within the scope of this agreement, or a decision of the council, the General Manager, a Director or Manager, or an action which they wish to dispute shall attempt to resolve the issues by means of discussion with their immediate supervisor. (a) If the matter is not resolved in Step 1, then an employee who considers themself adversely affected within the scope of this agreement, ...

Grievance and Dispute Procedures. (i) At any stage of the procedure, the employee(s) may be represented by the Association and/or NSWNA workplace representative. (ii) It is the intention of this procedure to resolve grievances as promptly and as near as possible to the local level. (iii) Any grievance or conflict is to be resolved without disruption to work, except where a bona fide safety issue is involved. (iv) The process for resolving grievances is as follows: 1. The employee shall attempt to resolve the matter with their immediate supervisor, or if this is inappropriate with the next level of management. 2. Should an employee submit their grievance in writing, written acknowledgment of receipt of the grievance shall be provided. 3. If no satisfactory resolution is achieved at this level then the matter shall be referred to a higher level of management ie. senior nurse and/or Regional Manager level. 4. If no satisfactory resolution is achieved at the senior nurse and/or Regional Manager level it may be referred to the General Manager. 5. Where possible steps 1 and 2 shall take place within 14 days, taking into account any investigation that may be necessary.