Grievance Resolution Procedure

Nomenclature

Term	Definition
Complainant	The person lodging a grievance.
Grievance	A complaint raised by a person due to the behaviour or action of another worker or the employer, which has or is likely to have an unreasonable negative impact on the person’s ability to undertake their duties. Workplace grievances may take many forms.
Procedural fairness	Fairness in the handling of a grievance, comprising: the opportunity for all parties to be heard and a fair hearing; the right to a support person at hearings or interviews; the respondent having full knowledge of the nature and substance of the grievance; the opportunity to respond to allegations; an independent, unbiased decision-maker; and a decision based solely on the relevant evidence.
Respondent	The person or persons against whom a grievance has been lodged.
Vexatious	A purpose to harass, annoy or embarrass another party.
Without reasonable cause	There was no real reason, basis, or purpose for the complaint.
WMS	Westlink Management System.

Purpose

This procedure provides a process for the prompt and effective resolution of work-related complaints, and ensures consistent treatment of grievances. It implements the commitments of the Grievance Resolution Policy (GOV-POL-011). Grievance resolution is the process by which solutions are sought in response to a person raising a concern about, or a perception of, a problem within Westlink.

Scope

This procedure applies to all Westlink employees, prospective employees, contractors, sub-contractors, consultants and their respective employees, and visitors, in relation to resolving workplace grievances. Grievances may relate to (but are not limited to) work health and safety, disciplinary processes, performance appraisals, promotion, scheduling and rostering, leave entitlements, supervision, and training and development. It applies at all Westlink workplaces, Westlink-controlled and work-related activities, and locations external to Westlink workplaces, including client project sites.

This procedure does not deal with matters of bullying, harassment or discrimination — those are managed under the Workplace Behaviour Policy (GOV-POL-006) and the Sexual Harassment Prevention Policy (GOV-POL-014), to which the complainant should be referred. Where a grievance concerns a work health and safety issue, it may instead be resolved through the WHS issue-resolution process in the Consultation and Communication Procedure (QHSE-PRO-010).

Definitions

Terms used in this procedure are defined in the Nomenclature table. Key terms: the complainant is the person lodging a grievance; the respondent is the person against whom it is lodged; and procedural fairness is the natural-justice model (a fair hearing, an unbiased decision-maker, and a decision based solely on the relevant evidence) applied throughout.

Responsibilities

Role	Responsibility	When
Chief Executive Officer	Ensures this procedure is implemented in full and models a culture of fair leadership. Decides the outcome of a formal grievance based on the investigation results and the nature of the grievance. The CEO’s decision is the final step in the process.	On formal grievance; on outcome
Managers and Supervisors	Implement this procedure within their areas; make workplace decisions that are fair and reasonable; resolve grievances promptly, fairly and consistently; act consistently with the principles of procedural fairness (the bias rule, the evidence rule and the hearing rule); and document the details and outcomes of any grievance, investigation and resolution.	On grievance raised; during resolution
All Personnel	Conduct themselves in a manner aligned with the Code of Conduct, respecting the rights and welfare of others; and perform their duties with competence, care, good faith and compliance with instructions, policies and procedures.	Ongoing
Complainant	Raise the grievance as soon as possible with the other party; act in good faith; and use the informal procedure before invoking the formal procedure.	On concern; during resolution

Procedure

Informal process

Before initiating the formal process, and if the complainant feels comfortable doing so, they should speak directly to the person to whom the grievance relates and try to resolve the issue informally. If the grievance is about that person’s behaviour, the complainant should explain that it is not acceptable; if it is about a work decision, the complainant should explain why it is considered unfair or inappropriate. People sometimes act without realising the effect, and raising it gives them the chance to change.

At any time while trying to settle a grievance, a complainant or respondent may consult confidentially with anyone they choose. Where the complainant does not feel comfortable raising the matter directly, or the issue continues after doing so, the grievance should be escalated as soon as reasonably practicable by reporting it. Where a complainant has a grievance against their supervisor, they may refer it to that supervisor’s manager. For some situations it may be appropriate to pursue a more formal resolution straight away.

Reporting the issue

If speaking directly to the person does not resolve the issue, or the complainant is uncomfortable doing so, they may report the issue to their manager or supervisor. The manager or supervisor will ask whether the complainant wishes to lodge a formal complaint, which may then include a formal workplace investigation. If the grievance concerns the complainant’s direct manager or supervisor, it should be raised with the next level of management. Where an informal complaint is lodged, the manager or supervisor will communicate with the individual concerned and attempt to resolve the issue.

Where a grievance is to be submitted formally, it should be made in writing. The written complaint should clearly state:

• A clear statement of the grievance;

• What happened;

• When it happened;

• Whether others were present or involved;

• Details of the informal process undertaken to try to settle the grievance; and

• The outcome being sought — a suggested solution the complainant believes would settle the grievance. An appropriate solution focuses on achieving a productive working environment or relationship, rather than apportioning blame.

Formal process

Once a formal written notification is received, the supervisor determines whether the subject matter, on its face, falls within the definition of a grievance. Where it does, the supervisor will:

• Gather such other information as is required to assist with settlement, including providing the respondent with the statement of the grievance and a reasonable opportunity to respond in writing; and

• Attempt to settle the grievance using the process the complainant proposed for settlement (where appropriate), or through discussion between the parties and the supervisor.

Workplace investigation

A workplace investigation may be undertaken by an appropriate person to help facilitate a resolution. Formal grievances are dealt with promptly and objectively, and any findings are assessed on the balance of probabilities. The investigation is conducted in accordance with the principles of natural justice — a fair hearing (the hearing rule), an unbiased decision-maker (the bias rule), and findings rationally based on evidence capable of supporting the facts (the evidence rule). The investigator will:

• Interview both the complainant and the respondent, and any other persons who may hold relevant information, and consider the necessary information;

• Determine whether the grievance is justified. Where the subject matter falls outside the definition of a grievance, the supervisor advises the complainant in writing and may direct them to the most relevant policy and procedure for the circumstances; and

• Recommend appropriate action to the CEO, which may include counselling for either or both parties, arranging conciliation of the grievance, recommending disciplinary action, or that no further action be taken.

Once a finding is made and any recommendations are considered, an informed decision is made on the outcome. Subject to confidentiality, the relevant parties are informed of the decision. Settlement options are at the manager’s or supervisor’s discretion, but agreement should be sought with all parties to the grievance.

External assistance

In some circumstances, or where a grievance remains unresolved after a workplace investigation, the parties may agree to refer the complaint to an agreed third party or independent person for mediation. The mediator should be objective and should help the parties consider alternative resolutions to the grievance.

Possible outcomes

An appropriate outcome is decided by the CEO, based on the investigation results and the nature of the grievance. Outcomes may include (but are not limited to) further training, monitoring, an apology, changes to work arrangements, and the implementation of new policies. An outcome may also result in disciplinary action, up to and including termination.

A manager or supervisor may dismiss a grievance if, in their view, it is ill-advised, misguided, frivolous, malicious or vexatious. Complainants must not raise allegations that are vexatious or without reasonable cause; a person who makes such a complaint may face disciplinary action, up to and including termination of employment where appropriate. The decision of the CEO is the final step in the grievance process and is not open to challenge through any other Westlink dispute-settling procedure.

A copy of the grievance, together with an account of the formal process (if any) and the settlement, is recorded by the manager or supervisor in a confidential file held by the CEO. The records maintained are listed in the Records section.

Confidentiality and protection from victimisation

Personnel will not be penalised or victimised for making a genuine complaint. Westlink will endeavour to maintain confidentiality where possible; however, it may be necessary to speak with other personnel or workplace participants during a formal investigation to ensure procedural fairness is afforded to the respondent. All personnel and workplace participants involved in a grievance or investigation must also maintain confidentiality, and should discuss the grievance only with those who have responsibility for dealing with it. A person who breaches confidentiality may be disciplined.

Applicable Standards and Legislation

• Fair Work Act 2009 (Cth) — Part 3-1 (general protections, including protection from adverse action for exercising a workplace right); dispute-resolution framework. A grievance may be referred to the Fair Work Commission where it remains unresolved.

• Equal Opportunity Act 1984 (WA) — where a grievance discloses conduct that may amount to discrimination, the matter is referred to the Workplace Behaviour Policy (GOV-POL-006) or the Sexual Harassment Prevention Policy (GOV-POL-014).

• Work Health and Safety Act 2020 (WA) — s.19–27 (duties); where a grievance concerns a WHS issue, the WHS issue-resolution process in QHSE-PRO-010 applies.

• ISO 9001:2015 Quality management systems — cl. 10.2 (nonconformity and corrective action): grievances that reveal systemic process issues are managed as corrective action to prevent recurrence.

• ISO 45001:2018 Occupational health and safety management systems — cl. 5.4 (consultation and participation of workers).