1. Introduction
Everyone wants to work in a place that is safe and supportive. At Hireup, we are committed to fostering a workplace that encourages collaboration and cooperation, where everyone is treated with fairness, integrity, respect for the law, and in accordance with our core operating principles and values.
However, we recognise that occasionally inappropriate workplace behaviours may occur and that a grievance process is necessary to help facilitate a resolution. Hireup takes all grievances seriously and encourages anyone who believes they have been subjected to or witnessed such behaviours to take action.
This policy is designed to assist in the resolution of grievances and ensure Support Workers know how to raise matters safely and securely knowing they will be protected and supported at all times.
This policy should be read in conjunction with Hireup’s Code of Conduct, Harassment, Bullying and Discrimination Policy and Speak Up Policy. It should also be read in conjunction with the Support Worker employment contract, the National Employment Standards (NES), the Fair Work Act (2009), and any other applicable policies, procedures or legislation that may become relevant throughout the process.
Hireup may amend, replace or remove this policy from time to time in its sole discretion.
2. Who Does this Policy Apply to?
This policy applies to all Support Workers at Hireup.
3. Responsibilities
All Support Workers have a responsibility under this policy, whether they raise a grievance or otherwise to:
- Maintain confidentiality as required by this policy.
- Provide assistance as required to Hireup in relation to an investigation of or an enquiry into a grievance. While we recognise that some people may not wish to become involved, we may require them to do so if they are a witness or are actively involved in a grievance and we determine it is necessary for the proper inquiry into our investigation of the grievance.
- Not knowingly give us false information or make allegations that are vexatious, are for malicious reasons or which have no reasonable basis.
- Not victimise, harass, vilify or take any unlawful reprisal action against a person who raises a grievance under this policy or participates in any inquiries or investigations relating to a grievance.
Equally, Hireup will:
- Consider all grievances without judgement or preconceived ideas.
- Keep Support Worker grievances confidential, as much as reasonably practicable.
- Consider and respond to all grievances promptly and fairly.
- Provide support to all parties involved in a grievance to ensure their health and safety, including providing information about available support services.
4. Speaking Up
If you have reasonable grounds to believe that you have a grievance that needs to be addressed, we encourage you to speak up without fear of intimidation, reprisal or victimisation. We are committed to fostering a safe speak-up culture that encourages appropriate protection of all disclosures. Hireup will accept all grievances by both current and former Support Workers where it considers it appropriate to do so. If for any reason a grievance is not accepted, reasons will be provided for the decision.
5. Raising a Grievance
Generally, the steps taken to resolve a grievance or complaint are:
5.1. Informally confronting the behaviour
As much as possible, and if you are comfortable to do so, Hireup encourages you to raise grievances in good faith with the person directly in a respectful and constructive way that is reflective of the Hireup values. Tackling issues early can help build stronger, more effective relationships and oftentimes be enough to resolve matters. If by doing this, you and the other person agree on a reasonable way to resolve the grievance, we will consider that to be the end of the matter.
If this doesn't address your grievance or contact with the person is not appropriate, you may formally raise your grievance with us by continuing to follow the process outlined in this policy. If you would like to raise your grievance with the person involved but require some support to do this, a Hireup representative may be able to assist you.
5.2. Formally raise a Grievance with Hireup
If for any reason you feel uncomfortable or unsafe raising your grievance informally with the person, your grievance is about or the grievance remains unresolved you may complete the online complaint form.
When completing the online complaint form you should outline as much information as possible including:
- your name and contact details
- the names of the person/s that the grievance is about
- the nature of the grievance
- details about the specific incident(s) or issue(s) including date, time, location, and witnesses.
- any supporting evidence
- information about any action you have already taken to try and resolve the grievance.
The extent to which Hireup can resolve any matter may be dependent on the amount of information provided when initially receiving the online complaint form. We strongly encourage you to ensure you are thorough, detailed and accurate whilst completing it and before submitting it.
5.3. Handling of Formal Grievances
Hireup will make contact with you shortly after receiving your grievance to gather any further information that may be required and give you information on what to expect from the process. We may also seek additional information from you or other stakeholders to assist us in understanding the nature of your grievance.
When a grievance is received, a determination will be made as to how the matter will be handled including whether it will be handled informally or formally based on all the relevant facts and considerations. It may be deemed necessary for an independent investigation to be undertaken by a Hireup investigating officer.
Hireup will make every effort possible to accommodate the complainant’s preference on how a matter is handled. However, the investigating officer is ultimately responsible for determining the best course of action. This may include taking action in circumstances where a complainant would prefer not to proceed with any further action and Hiruep determines it necessary to proceed in order to satisfy any duty of care or other obligation.
Hireup will also attempt to resolve the matter within 21 working days of the grievance being made. However, it is important to note that this may take longer depending on the circumstances or complexity of the matter or matters containing multiple issues. Should a matter take longer than 21 days to resolve, we will communicate this with you.
5.4. Investigation
Hireup may decide an issue raised in grievance is better dealt with through a formal investigation. Should this be the case, the objective of the investigation is to resolve the grievance in a fair, timely and consistent manner taking into account the principles of natural justice, the Hireup policies, procedures and values.
As part of any formal investigation process, Hireup will endeavour to appoint an impartial person to investigate the matter. This may be a person employed by Hireup or an external investigator as determined by Hireup at its sole discretion. However, regardless of whether the investigator is internal or external, the investigator will be impartial as far as reasonably practicable.
Unlawful conduct and criminal matters will be referred to the police or appropriate authorities in each state or territory, and we will continue to handle the non-criminal elements of the grievance. Hireup will inform you where appropriate if your grievance is being managed this way.
5.5. Determination of Outcome
If appropriate to do so, all complainants will be advised of the outcome of an investigation at the end of the investigation process. If for any reason, the complainant is unhappy with the outcome, the complainant may request a review by emailing incidents@hireup.com.au
If Hireup and the complainant are unable to resolve the grievance, we may seek to engage with an external agency (refer to below) to assist us in resolving the matter. Such engagement is at Hireup’s sole discretion.
6. Health and Safety Related Grievances
If your grievance relates to a health and safety issue, all parties have a shared responsibility to take immediate action to resolve the problem or to reduce any risk of harm to people or property. This responsibility looks different for every person, but at its core is a commitment to protect the wellbeing of all members of our community. The action taken may include stopping the task if there is an immediate risk of injury. It is the Support Worker's responsibility to report the issue to Hireup via the online incident report form or by calling Hireup on 02 9113 5933. This is particularly important if the issue cannot be immediately resolved so that Hireup can support all parties to find a suitable resolution.
Further information about reporting a health and safety grievance can be found in Hireup’s Statement of Complaints and Health & Safety Policy.
7. Application of choice and control
It is important for Hireup to uphold the NDIS values of choice and control, which allows persons with disabilities to remain in charge of how their supports are to be provided. This policy does not intend to infringe on those values.
8. Confidentiality
All parties involved in a grievance are required to maintain confidentiality at all times.
Hireup will maintain confidentiality to the extent possible taking into account our legislative obligations as well as our commitment to providing a safe and harmonious working environment. In some instances it may be necessary for Hireup to disclose information about the grievance when there is a legitimate reason to do so; however, those people must also maintain confidentiality at all times.
If the grievance involves a breach of Australian law or the NDIS Code of Conduct Hireup may have additional obligations to notify and/or provide information to the police and/or relevant government or regulatory authorities and reserves the right to suspend any action or investigation whilst cooperating with authorities.
9. Victimisation
Victimisation is illegal, it will not be tolerated by Hireup and will be subject to disciplinary action up to and including the termination of employment. This includes subjecting any person to any form of detriment because they have made a grievance, made an allegation against another person or provided information or documents as part of an investigation. If you feel you have been victimised at any point in the process of resolving a grievance you may contact incidents@hireup.com.au.
10. Frivolous and Vexatious Grievances
Where a grievance at any stage of an investigation or process is found to be unsubstantiated, misconceived, frivolous, vexatious or in breach of any other applicable Hireup policies, Hireup may at its sole discretion, by notice to the complainant, dismiss the matter.
Any Support Worker who deliberately makes a false claim or malicious grievance may be subject to disciplinary action up to and including termination of employment, and may be subject to the conduct being investigated.
11. Employee Assistance Program
We recognise that these types of situations can be difficult and encourage Support Workers who are involved in a grievance to contact Hireup’s Employee Assistance Program if they feel they need additional support. Our employee assistance program Acacia Connection is a confidential and free of charge service that can be accessed by calling 1300 364 273.
Support Person
You are welcome to have a support person or advocate to assist or represent you during the grievance process where appropriate. A support person should:
- not be someone involved in the conduct that is the subject of the grievance.
- not advocate or answer questions for the Support Worker.
- keep all the details of the grievance confidential.
- provide support to the Support Worker.
Reasonable efforts will be made to accommodate the availability of the support person. However, if the support person’s availability unreasonably delays the resolution process, the Support Worker will be required to designate another person.