Grievance Process

A grievance may be lodged by a public service employee if that employee has an honest belief based on reasonable grounds that: an administrative decision made by Main Roads and which adversely affects them is unfair or unreasonable; or the conduct of an employee, agent or contractor affects them because it is unfair or unreasonable; or The behaviour of an employee, whether by action or inaction, constitutes sexual harassment or workplace harassment.

Who can lodge a grievance? Public Service employees (both wages and salaried) only – Note: Contractors and Temps cannot use the grievance process.

What sort of things are covered? Allegations of harassment and bullying; Discrimination; Entitlement under Awards or EDA’s; Unfair recruitment and selection processes.

Process Informal resolution: A grievance is not considered a formal grievance until there has been an attempt at local resolution. Employees must, where possible and suitable, attempt resolution of any issues by using informal processes. Supervisors or managers should attempt to rectify the situation through direct discussion with the parties (if the issue can be appropriately dealt with in this manner) prior to the employee lodging a grievance.

Manager/Supervisor actions : instigate appropriate action which may include: assessing the validity of information, making enquiries, reviewing reasons for an administrative action. consult the next in line management and seek appropriate advice if unsure how to proceed (HR Advisor) ensure the aggrieved employee and any other party named as a respondent to the grievance are heard on relevant issues. (Refer to Natural Justice Policy). ensure a written record is made of any action taken, the findings (including outcomes of any appropriate actions) and the reason(s) for the decision(s) taken. ensure any written documents are kept confidential.

Lodging a Formal Grievance Employee submits grievance in writing to General Manager (on grievance lodgement form). GM instigates mediation if appropriate; GM investigates (may appoint an external independent investigator); GM makes a determination and provides written notification to the employee and other involved parties; Employee may appeal to Public Service Commissioner, if not satisfied with the GM decision.

General Notes Employee has right to have Union representative throughout the process You must ensure that an employee who has lodged a grievance is not victimised in any way and that confidentiality is not breached Grievances involving allegations of sexual harassment are to be lodged straight to the Director-General Act early, and seek advice early in the process!