Grievance Procedure for Staff

1 Sparkling Stars Grievance procedures Staff Page 1 of 8 Grievance Procedure for Staff 1. Policy Statement At Sparkling Stars Child Care Centre we aim to foster positive relations between all Staff and management. Every Staff member has the right to a harmonious and responsive working environment. Solutions are sought to resolve all disputes, issues or concerns that impact or affect the day to day wellbeing of the centre in a fair, prompt and positive manner. 2. Considerations Philosophy The right for quality care. Harmonious, warm and positive environment. Positive team management. Legislation Requirements under appropriate Child Care Awards; Federal unfair dismissal Legislation. Federal and State Equal Opportunity Legislation (Check your State or Territory legislation) Education and Care Services National Law Act 2010 (or corresponding legislation) Education and care Services National Regulations Fair Work Act 2009 and any other relevant industrial awards or enterprise agreements (Check your service s Employment arrangements) Children s needs educators with appropriate levels of knowledge to provide a safe, respectful and developmentally appropriate education; the need and respect for a harmonious; happy environment; and educators who are role model for all interactions.

2 Parent s needs a harmonious environment for their child where educators act in accordance with service policies, procedures and standards to provide a safe and caring environment. Staff needs Ability to voice concerns/issues in a positive and confidential manner; positive, caring work environment that promotes the health, wellbeing and morale of all Staff ; and treats all Staff in a fair and equitable manner regarding workplace or performance issues. Sparkling Stars Grievance procedures Staff Page 2 of 8 Management needs Effective Grievance policy in place in order to make informed decisions. To deal with Grievance in a positive manner; and to address all grievances promptly; National Quality Framework Education and Care Services National Law Act: Section 3(2)(a)(b); 3(3)(a)(c)(d)(f); 108; 109; 165; 166; 167; 168 Education and Care Services National Regulations: 75(b)(i); 77; 81; 85; 86; 93; 94; 168(2)(i); 169(2)(d); 170-- 171 National Quality Standard for Early Childhood Education and Care and School Age Care (Nov 2010) Element ; Element ; Element ; Element ; Element ; Early Years Learning Framework for Australia: Principles 1.

3 Secure, respectful and reciprocal relationships; 4. Respect for diversity; 5. Ongoing learning and reflective practice. 3. How Policy Will Be Implemented (Specific Policies and procedures ) Every employee is provided with clear written guidelines detailing the Grievance procedures as part of their induction process. All conversations/discussions will take place in a confidential, quiet area away from children, parents and other Staff . Staff names remain confidential at all times. The option to remain anonymous will be at the discretion of each Staff member. 4. procedures : 1. Establishing Guidelines: Disputes and conflicts at the centre may be avoided if clear guidelines are in place. All employees should have copies of their duty statement, conditions of employment and detailed guidelines about the centre philosophy, policies and procedures .

4 A thorough orientation process needs to be put into place for new Staff members to ensure they are clear about their roles and responsibilities, and include an orientation of Sparkling Stars intranet. Regular reviews of employee s performance at the centre should be undertaken. In these reviews the employee should be helped to set goals for improvement and should be offered whatever support the centre can provide towards achieving their goals. Sparkling Stars Grievance procedures Staff Page 3 of 8 2. Procedure For Dealing With Staff Conflict if the behaviour of another Staff member is interfering with your work then advise that person of the problem direct and try to work out a mutual resolution through the Informal Grievance Procedure if the problem remains unresolved approach the Director for advice and/or mediation or, if the dispute is of an extremely sensitive nature or involves the Director, contact the Chairperson.

5 3. Informal Grievance Procedure An informal Grievance Procedure can be initiated by the complainant contacting the Staff member they feel most comfortable with or in their opinion is the most appropriate person to assist in the resolution of the Grievance . This approach can be instigated by way of a personal interview or conversation. During this interview or conversation both the complainant and Staff member will endeavour to work towards a mutually satisfactory resolution . If a resolution is agreed upon, at the conclusion of this interview or conversation, both parties should be aware of the agreed upon steps to be taken to resolve the conflict and the time frame for the implementation of the steps to be taken to resolve the conflict. The Staff member in question will then be responsible for maintaining communication with the complainant as to the progress of the resolution and the complainant will be responsible for giving open honest feedback to the Staff member.

6 If the Staff member feels that a satisfactory resolution can be achieved without identifying the source of the Grievance the confidentiality of the complainant will be protected. If however the Staff member feels that a satisfactory resolution is dependent upon the identification of the source of the Grievance this should be done in keeping with the Confidentiality Policy. If at any time the complainant is unhappy with the progress towards resolution of the Grievance they are free to move from informal to formal Grievance procedures . If after several attempts to resolve the Grievance using informal procedures the Grievance is still unresolved, the parties should move onto formal Grievance procedures . 4. Formal Grievance procedures Formal Grievance procedures should be initiated by writing a letter outlining the nature of the Grievance to the Nominated Supervisor or the Committee Chairman, whichever the Staff is most comfortable with and completing a Grievance complaint form.

7 Sparkling Stars Grievance procedures Staff Page 4 of 8 Once a letter has been received by any of the above personnel of Sparkling Stars Child Care Centre the following formal procedures are to be entered into immediately. The recipient of the complaint will acknowledge receipt of the Grievance , in writing, within 5 working days of receipt of the letter, and inform the complainant that formal Grievance procedures will now be instigated. The Grievance will be investigated by the recipient of the complaint who will obtain all relevant information from the Staff member, the complainant and if necessary other Staff members. An interview will then be scheduled involving all relevant parties and chaired by either the Director or Chairman or a nominated party.

8 At this interview every attempt will be taken to resolve the conflict and a record of the interview including details of the strategies agreed upon to resolve the conflict will be prepared and distributed to all relevant parties. Any resolution will contain a time frame of events and nominate a time, shortly after the expected implementation of the resolution strategies, for another interview to evaluate the results and determine if the Grievance has in fact been resolved. All Grievance reports are to be kept by the Director in a manner that will ensure the confidentiality of all parties involved. Copies of the report will be given to each of the parties involved, who in turn will respect the right to privacy and confidentiality of all other parties in the way they store and handle the report.

9 If after the first interview the parties involved are unable to agree to a resolution the Director or Chairman (whoever conducted the interview) will then prescribe a plan of action and nominate a time frame for implementation and review aimed at resolving the conflict. Wherever possible all grievances will be resolved within 3 months. If at any time the complainant is unhappy with the Grievance Procedure and feels that the Grievance cannot be satisfactorily resolved it is their right to pursue the matter further by taking the matter to an external body, for example the Office of Child Care Monitoring & Follow Up of Complaints After a complaint has been made and steps have been taken to reach a resolution , it will be routinely monitored and followed up to ensure that the complainant is satisfied with the way in which the complaint was handled and is informed of any changes in procedures as a result of this complaint.

10 Staff Training The Management Committee will ensure funds are set aside in the budget to cover the cost of providing for Staff in-servicing in complaint handling and that this training is updated regularly. Sparkling Stars Grievance procedures Staff Page 5 of 8 5. Procedure For Dealing With Poor Work Performance And Unacceptable Behaviour It is a requirement under the Child Care Award that when an employee s work or conduct falls to an unacceptable level, the sponsoring body / employer is to notify an employee in writing that their work/behaviour is unsatisfactory. The areas of dissatisfaction need to be detailed and in each case of the Child Care Award, the employee notified that he/she has four weeks to bring their work performance or behaviour up to an acceptable level.