TRANSPARENT AND CONSISTENT

Grievance

XYZ is an enterprise with employees and occasional contractors comprising its workforce. Accordingly, occasional issues arise requiring resolution. This is the general procedure to be followed by employees and management with the aim of resolving issues in such a way as to minimise distress to all parties to the process.

Step 1

• Discussion between the employee and the employee’s immediate supervisor.

Step 2

• Should either party not feel comfortable with the outcome of the initial discussion – or feel they cannot participate in an initial discussion, they may approach the General Manager who will attempt resolution.

Step 3

• Should an issue be unresolved, an official external mediator may be invited to attend by either party.

Generally

• Employees may invite a witness to any grievance discussion.

• The witness does not have to be an employee of XYZ.

• Each party is entitled to obtain, and be accompanied by, a legal and/or industrial advisor should either party feel the grievance is significant enough to warrant such support. Note that the other party is to be advised in writing if a legal and/or industrial adviser is to be in attendance at least 24 hours before the scheduled meeting.

“TELL ME WHAT YOU WANT… LET ME KNOW HOW I’M DOING…”

THE KEY TO HUMAN RESOURCE MANAGEMENT DRW

Discipline

Discipline procedures are essential in any workplace. Many unfortunate industrial relations and OHS issues have occurred simply because an employee was not disciplined early enough, and the employee’s poor actions/behaviour became the ‘norm’.

A simple analogy would be to consider standing three metres away from a friend, and then walking toward that friend. If you are even several degrees off in your direction as you move forward, you will still reach your friend.

OHS Manual for XYZ Copyright Doug Wakefield Sydney 2005 (May be reproduced for use within XYZ’ facility only) Issue: 050701 6: OHS Roles & Responsibilities Page 1

However, place yourself in Sydney, and your friend in Perth, then even one degree off will leave you many kilometres away from your friend when you finally reach Perth.

An early intervention to correct the apparently slight deviation, greatly assists in achieving longer term goals.

Generally, XYZ has adapted the standard four steps for discipline. In its simplest form, the discipline steps are as follows:

1 Verbal conselling/warning; 2 Written warning 1;

3 Written warning 2; 4 Dismissal.

Step 1:

• This is a first warning, and is verbal, with the supervisor noting the discussion in his/her diary. Employees are also advised to make a note for themselves.

• Immediate supervisor verbally counsels employee considered to have breached a policy or procedure.

• This warning may occur at the place where work is actually being carried out.

• The first step is to demonstrate a gap exists between what the employee was doing and what was expected of them. This is demonstrating a ‘gap analysis’.

• The supervisor:

• makes it clear what policy or procedure was in place, or what instruction had been given, at the time of the alleged breach;

• the supervisor then highlights the action/inaction of the employee that has led to the breach and/or unsatisfactory performance.

• The employee should be encouraged to demonstrate if there were any extenuating factors or circumstances that contributed to the breach.

• Though this is considered a ‘verbal’ counselling, the supervisor is to record the occurrence in the day-diary for the site, and notify the General Manager of the occurrence.

• The employee is to be advised he/she has 24 hours to consider why the action is unjust, and that otherwise the warning will last for four weeks.

• If no other disciplinary action has been required over that four weeks, the warning is removed, and the employee’s disciplinary record (over the original type of incident) is back to normal.

• The employee is also to be advised of the right to approach the General Manager if the employee feels he/she was unfairly chastised.

OHS Manual for XYZ Copyright Doug Wakefield Sydney 2005 (May be reproduced for use within XYZ’ facility only) Issue: 050701 6: OHS Roles & Responsibilities Page 2

Step 2:

• This is the ‘second warning’, but ‘first written warning’.

• Supervisor to prepare a written complaint about the employee’s actions/inactions that are considered unacceptable.

• A meeting is arranged with the employee.

• The employee should be encouraged to bring a witness/representative to the proceedings.

• The witness does not have to be an employee of XYZ.

• Each party is entitled to obtain, and be accompanied by, a legal and/or industrial advisor should either party feel the issue is significant enough to warrant such support. (Note that the other party is to be advised in writing if a legal and/or industrial adviser is to be in attendance at least 24 hours before the scheduled meeting.)

• The meeting should be removed from the immediate workplace, especially if it is a noisy and distracting work environment, to allow each party to concentrate on the issue.

• The report is to presented to the employee. The employee must also be told verbally what the content of the letter is about, including clear advice on what policy, procedure and/or instruction was breached.

• The employee must be informed of the potential for dismissal should the action/inaction continue.

• The General Manager is to be notified a second breach has occurred;

• The employee is to be advised he/she has 24 hours to consider why the action is unjust, and that otherwise the warning will last for four weeks;

• If no other disciplinary action has been required over that four weeks, the warning is removed, and the employee’s disciplinary record (over the original type of incident) is back to a ‘first warning.’

• The employee is also to be advised of the right to approach the General Manager if the employee feels he/she was unfairly chastised.

Step 3:

• This is the ‘third warning’, and ‘second written warning’.

• Compounded issues from the second warning must be further detailed in writing.

• A meeting is arranged with the employee.

• The employee should be encouraged to bring a witness/representative to the proceedings.

OHS Manual for XYZ Copyright Doug Wakefield Sydney 2005 (May be reproduced for use within XYZ’ facility only) Issue: 050701 6: OHS Roles & Responsibilities Page 3

• The witness does not have to be an employee of XYZ.

• Each party is entitled to obtain, and be accompanied by, a legal and/or industrial advisor should either party feel the issue is significant enough to warrant such support. (Note that the other party is to be advised in writing if a legal and/or industrial adviser is to be in attendance at least 24 hours before the scheduled meeting.)

• The meeting should be removed from the immediate workplace, especially if it is a noisy and distracting work environment, to allow each party to concentrate on the issue.

• The employee must be told verbally what the content of the letter is about, including clear advice on what policy, procedure and/or instruction was breached. The employee must be informed of the immediate potential for dismissal should the action/inaction continue.

• The employee also has 24 hours to prepare any reason they feel they do not deserve the third warning and present this to the employer.

• The General Manager is to be notified a third breach has occurred;

• The employee is to be advised he/she has 24 hours to consider why the action is unjust, and that otherwise the warning will last for four weeks;

• If no other disciplinary action has been required over that four weeks, the warning is removed, and the employee’s disciplinary record (over the original type of incident) is back to a ‘second warning.’

• The employee is also to be advised of the right to approach the General Manager if the employee feels he/she was unfairly chastised. Step 4:

This is usually the ‘dismissal’.

• The compounded issues from the earlier warnings must be further detailed in writing.

• A meeting is arranged with the employee.

• The employee should be encouraged to bring a witness/representative to the proceedings.

• The witness does not have to be an employee of XYZ.

• Each party is entitled to obtain, and be accompanied by, a legal and/or industrial advisor should either party feel the issue is significant enough to warrant such support. (Note that the other party is to be advised in writing if a legal and/or industrial adviser is to be in attendance at least 24 hours before the scheduled meeting.)

• The meeting should be removed from the immediate workplace, especially if it is a noisy and distracting work environment, to allow each party to concentrate on the issue.

OHS Manual for XYZ Copyright Doug Wakefield Sydney 2005 (May be reproduced for use within XYZ’ facility only) Issue: 050701 6: OHS Roles & Responsibilities Page 4

• The employee now has 24 hours to prepare any reason they feel they do not deserve the dismissal.

• The employee must be told verbally what the content of the letter is about, including clear advice on what policy, procedure and/or instruction was breached. The employee must be informed of the immediate potential for dismissal should the action/inaction continue.

• The employee also has 24 hours to prepare any reason they feel they do not deserve the third warning and present this to the employer.

• The General Manager is to be notified a third breach has occurred;

• If, on an appeal, the discipline is delayed, the employee’s disciplinary record (over the original type of incident) is back to a ‘third warning.’

• The employee is also to be advised of the right to approach the General Manager if the employee feels he/she was unfairly chastised.

NOTE THAT ALL EMPLOYEES ARE OPEN TO INSTANT DISMISSAL