Grievance and Dispute Settlement Procedure Clause Samples
POPULAR SAMPLE Copied 4 times
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made to amicably resolve grievances or disputes over the application of this Agreement, where they arise, by direct consultation between the parties in dispute. Issues should be resolved at the site level wherever possible.
32.2 To facilitate the speedy and efficient resolution of disputes:
32.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
32.2.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
32.2.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out as quickly as possible.
32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner:
32.4.1 The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours to discuss the matter with the employee/s and the supervisor.
32.4.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may choose to invite a Union official or any other representative to be involved in the further discussions if they so elect. The Company may also invite a representative to be involved in the discussions.
32.4.3 If the matter remains unresolved the Company may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions.
32.4.4 In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to asses...
Grievance and Dispute Settlement Procedure. The objectives of this procedure are to promote the resolution of grievances and disputes by measures based on consultation, co-operation and discussion; to reduce the level of disputation; and to avoid interruption to the performance of work and the consequential loss of service to the community and of wages.
(a) In the first instance, the employee(s) and/or Association representative(s) shall attempt to resolve the grievance or dispute with the immediate supervisor.
(b) If the grievance or dispute remains unresolved, the matter shall be referred to senior management and the appropriate representative of the Association.
(c) It is agreed that steps (a) to (b) shall where practicable take place within seven days.
(d) If the grievance or dispute remains unresolved, the matter shall be referred to the Tasmanian Industrial Commission for hearing and determination in accordance with the provisions of Section 29 of the Industrial Relations ▇▇▇ ▇▇▇▇.
Grievance and Dispute Settlement Procedure. 26.1 This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue.
26.2 At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. A party to the dispute may appoint another person, organisation or association to accompany or represent them at each step in relation to the dispute. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner.
26.3 In the event of a dispute in relation to a matter arising under this agreement, and/or the National Employment Standards (NES) in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the Management.
26.4 If the dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Fair Work Commission for resolution.
26.5 The parties to the dispute may agree on the process to be utilised by the Commission including mediation or conciliation.
26.6 Any solution proposed by the Commission must be consistent with the Construction Code and relevant legislation.
26.7 It is a term of this Agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter.
26.8 This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occupational Health and Safety Representatives will follow appropriate procedures in the resolution of any Health and Safety matters.
Grievance and Dispute Settlement Procedure. Regular discussion shall take place between the employer and employees to identify and alleviate any concerns which may lead to a dispute. In the event of a grievance or dispute the procedures set out below shall be adhered to.
Grievance and Dispute Settlement Procedure. The objectives of this procedure are to promote the resolution of grievances and disputes by measures based on consultation, cooperation, and discussion; to reduce the level of industrial disputation; and to avoid interruption to the performance of work and the consequential loss of service to the community and of wages.
(a) In the first instance, the employee(s) and/or local employee organisation representative(s) shall attempt to resolve the grievance or dispute with the immediate supervisor. The local employee organisation representative shall be present if requested by either party.
(b) If the grievance or dispute is not settled at that stage, the matter shall be referred to the unit, service or departmental head. The local employee organisation representative shall be present if requested by either party.
(c) If the grievance or dispute remains unresolved, the matter shall be referred to senior management and a nominated representative of the executive of the employee organisation.
(d) It is agreed that steps (a) to (c) specified in this clause shall take place within seven days.
(e) If the grievance or dispute remains unresolved, the matter shall be referred to the Tasmanian Industrial Commission for decision, which shall be accepted by all parties as settlement of the grievance or dispute.
(f) Until the grievance/dispute is resolved through any or all of the steps (a) to (e) specified in this clause, work shall continue normally in accordance with custom and practice existing before the grievance or dispute arose, except that the employer may require that the employee undertake alternative professional duties for which the employee is appropriately trained to perform without loss of salary where the grievance/dispute relates to professional misconduct or the provision of patient care. No party shall be prejudiced as to the final settlement of a grievance or dispute by the continuation of work as above.
(g) The foregoing grievance and dispute settling procedure is without prejudice to any statutory rights available to an employee under the provisions of the Tasmanian State Service Act.
Grievance and Dispute Settlement Procedure. 1.42.1 The grievance and dispute settlement procedures (Dispute Procedure) apply to employment grievances and disputes arising from the application of this Agreement and the relevant provisions of the NES.
1.42.2 The Dispute Procedure also applies to employment grievances and disputes that do not arise from the application of this Agreement or the relevant provisions of the NES with exception to referral to the FWC at clause 1.42.9.1(b) and 1.42.9.2.
1.42.3 Grievances and disputes regarding alleged non-compliance by the University with processes set out in the Agreement (including matters of procedural fairness) when coming to a decision may be brought under this Dispute Procedure but not grievances or disputes about the decision itself.
1.42.4 The following are not covered by the Dispute Procedure:
1.42.4.1 occupational health and safety matters not addressed in the Agreement; and
1.42.4.2 the formation, amendment or rescission of University Policy that accord with the terms of the Agreement.
1.42.5 An Employee may be assisted by a support person or nominated representative with the exception of a University Employee employed in the Employee’s faculty or administrative business division where a conflict of interest exists. For the purpose of this clause 1.42.5, “be assisted by a support person or nominated representative” does not displace or interfere with direct interaction between the Employee and the University when attempting to resolve disputed matters.
1.42.6 The parties will genuinely attempt to resolve grievances and disputes at the workplace in good faith and in confidence. Where possible, grievances should, in the first instance, be dealt with locally, impartially, efficiently and informally.
Grievance and Dispute Settlement Procedure. 2.10.1 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.
2.10.2 In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with their 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.
2.10.3 If the grievance or dispute is not resolved under clause 2.10.1, 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.
2.10.4 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 2.10.5.
2.10.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.10.2, the matter shall be reported by the employee or their nominated representative to senior management of the employer or the employer's nominated representative. This should occur as soon as it is evident that discussions under clause 2.10.2 will not result in resolution of the dispute.
2.10.6 If, after discussion between the parties, or their nominees mentioned in clause 2.10.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute may be given to the Australian Industrial Relations Commission (The Commission) with a request to assist with conciliation between the parties.
2.10.7 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
2.10.8 If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the AIRC and the decision of the AIRC will be fina...
Grievance and Dispute Settlement Procedure. The Parties acknowledge that there exists a mutual responsibility to work co-operatively to prevent and resolve disagreements on matters arising under this Agreement. The parties to a dispute commit to resolving disputes locally without recourse to external jurisdictions wherever possible. For the purposes of this agreement:
Grievance and Dispute Settlement Procedure. 3 2.2 Enterprise Consultative Mechanisms 3 2.3 Consultation 3 2.4 Individual Flexibility Arrangement 5 2.5
Grievance and Dispute Settlement Procedure.
2.1.1 The matters to be dealt with in this procedure will include all grievances or disputes between the parties in respect to any industrial matter that pertains to the operation or interpretation of this agreement (other than clause 4.2.6 – Higher Grade Positions), the employment relationship or the NES. This procedure applies to a single Employee or to any number of Employees.
2.1.2 It is the intention of this procedure to resolve grievances as promptly and as close as possible to the local level.
2.1.3 Where matters cannot be resolved, the process to be followed is as follows: The Employee will attempt to resolve the dispute or grievance with their appropriate, immediate supervisor. If this is inappropriate, the next level of management will be consulted. If the dispute or grievance is still unresolved, the matter will be referred to higher management. Every Employee will have the right to representation, including union representation, at any stage throughout this process. It is agreed that, wherever possible, steps (a) and (b) will take place within 14 days. Until the dispute or grievance is resolved and while discussions take place, work will continue normally in accordance with the custom and practice existing before the dispute or grievance arose. No party will be prejudiced as to the final resolution by continuance of work. Health and Safety matters are exempt from this point. If the matter is not resolved at Step (e), it may be referred by either party to a senior official of the relevant union or other representative and the appropriate representative of the Employer. If the matter is not resolved, then it may be referred by either party to FWC for conciliation and, if necessary, arbitration.