Sustainable AASTMT

Grievance and Appeals Policy

Definitions
Grievance: A grievance is defined as a claim that a violation of a published policy has occurred in the manner in which a staff member was treated including, but not limited to, actions, behaviors, pay, or employee rights that are considered unfair, disadvantageous, wrong or inadequate.
Appeal: An application to reconsider a decision that has been made regarding the grievance.
GRIEVANCE AND APPEALS PROCEDURES

Grievance Procedures

1. First Level Resolution: FACILITATION

When a staff member wishes to raise a grievance with the University within these procedures, he/she is required to initially attempt to resolve the grievance through one-to-one discussion(s) with the other party or parties involved in the grievance process.
The Staff member must also verbally advise his/her immediate supervisor of the situation before taking any further steps.
Where the Staff member claims to have been aggrieved by his/her immediate supervisor, the Staff member may instead inform the supervisor’s Line Manager, if the Staff member feels unable to approach the immediate supervisor on the grievance issue.
A Human Resources representative is available to facilitate one-on-one discussions, on request and subject to the Human Resources Director’s approval.
The person or persons with whom the grievance is raised will make a full verbal response to the Staff member not later than 10 working days (14 calendar days), where practicable, from the date the matter is raised.
The Director of Human Resources or Human Resources Representative who is delegated by the Director of Human Resources must ensure the matter proceeds by the time frames stated in these procedures and the dates of meetings are documented. The Staff member may be assisted by a Nominated Human Resources
Representative in preparing for and participating in these procedures.
Second Level Resolution: MEDIATION

1. If the Staff member is dissatisfied with the reply (or if there was not a timely reply at the First Level of Resolution), the Staff member, or, where requested, their nominated Representative, must advise the Director of Human Resources, of the unresolved grievance.
   At the request of the parties involved in the grievance process, or at the discretion of the Director of Human Resources, the Director of Human Resources will arrange a mediation of the grievance with the aggrieved person or persons by independent and neutral mediators, within five working days where practicable.

1. The Director of Human Resources will ensure that all parties involved are fully informed of the grievance, including the provision of any related written material(s).
    
2. Third Level Resolution: HEARING COMMITTEE
   Where the grievance remains unresolved after five working days or as soon as practicable, following the mediation, the Director of Human Resources will refer the matter to a Hearing Committee which is formulated on a random basis that ensures objectivity and bias avoidance.
   The hearing committee will be formulated by representatives from the faculty/ department that the aggrieved person works at, depending on the scope of work.
   All recommendations made by the Hearing Committee will be binding on the parties involved in the grievance process and will constitute a settlement of the matter.
   Appeals

Staff have the right to formally appeal against the outcome of the grievance if they are dissatisfied with it. A staff member may appeal against the outcome within ten working days of being notified of the decision. The appeal should be made in writing to the next level of manager or HR.
The appeal will then be heard within a reasonable timeframe, normally within ten working days from the date of receipt of the appeal.
 

Confidentiality
The University aims to keep information confidential to the maximum extent possible. All members of the Grievance Committee and those assigned for record-keeping, as well as any staff member questioned about an issue at hand, are always bound by the duty of confidentiality.
Documentation
There are no specific documents or forms to be used under this policy. As previously mentioned above, there are several places where written communication is required. That communication will typically take the form of a memorandum/ minute.
Time Limits
If at any stage of the grievance, it is not possible to respond within the specified time limit, the staff member must be explained the delay and informed of when a response can be expected.
Roles and Responsibilities

1. Staff Members
   • All staff have a clear role to play in helping to create a climate at work where communication channels are kept open so that concerns are discussed and resolved at an early stage.
   • Staff members should be aware of their conduct and act by the University’s values avoid colluding with inappropriate behavior and co-operate fully in any complaint procedure and/or investigation.
   ii. Line Managers and Supervisors
   Managers and supervisors have a particular responsibility:
   • To act as role models and respond positively to complaints to avoid them escalating into grievances and to challenge and stop unacceptable behavior in the workplace.
   • Managers and supervisors have a responsibility to manage underperformance or concerns regarding a staff member’s conduct. During these discussions, managers/supervisors should give constructive feedback to help the staff understand what he or she has done that is unsatisfactory, why it is unsatisfactory, and how to improve in the future. This should be done in a constructive, encouraging style, following the University’s Performance Management Policy.
   Role of the Human Resources Department

The role of the Human Resources Department is to
• Advise on the operation and application of this policy and procedure.
• Take a proactive role in ensuring consistency of application across the university.
• There is no requirement to advise Human Resources of informal grievances, although the Human Resources Representative can be approached for advice if necessary.
• Human Resources must, however, be notified of all formal grievances raised.
• The relevant Human Resources Representative will monitor the matter through all stages.
• Human Resources can also provide additional guidance during the procedure to managers, staff members, companions, and any witnesses

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