Individual Employee Grievance Policy and Procedure

1. Policy statement

The Office of the Information Commissioner (OIC) discharges its statutory obligations under sections 53 and 218A of the Public Service Act 2008 (PSA).

We are committed to creating a positive, productive and healthy workplace where individual employee grievances are managed and resolved in a timely manner consistent with the Directive: 11/20 Individual Employee Grievances (the Directive).

2. Purpose

This policy outlines the process for submitting, managing and resolving employee grievances.

3. Scope

This policy applies to all OIC employees, employed under the PSA or appointed by Governor in Council (Senior Executives), and on a permanent, temporary, contract, casual, volunteer basis and/or on secondment from another department.

Matters that can and cannot be dealt with as an individual employee grievance are detailed in clauses 5.1 and 6.1 of the Directive. The procedure for lodging an individual employee grievance is separate to the dispute resolution procedures contained in the Queensland Public Service Officers and Other Employees Award – State 2015.

4. Principles

  • We meet all our statutory requirements; this includes sections 53 and 218A of the PSA.
  • We operate in a manner that is consistent with the Directive.
  • We engage early and work together to find mutually acceptable solutions to resolve issues quickly.
  • We manage all matters in accordance with principles of natural justice and in a manner that protects the privacy of the employee subject to any disclosure obligations.
  • Our actions are fair and transparent, and we take responsibility for the consequences of our decisions and actions.
  • We listen to understand, we treat each other with respect, and we show empathy for others.

5. Grievance resolution process

We expect all employees to first attempt to resolve the grievance informally by raising it with the individual concerned or their manager.

If the employee considers that they cannot approach the matter directly with the person concerned or their relevant manager, they may seek advice from a manager/supervisor, Commissioner, or Director of Engagement and Corporate Services (DECS) as is appropriate.

If the employee is satisfied with the outcome of the informal attempt to resolve the grievance no further action is required.

If the employee is not satisfied with the outcome of the informal attempt to resolve the grievance, then they can submit a formal grievance as set out in step 1 of the resolution process. The Individual Employee Grievance Resolution Flowchart for all staff (PDF, 146.45 KB) and Individual Employee Grievance Resolution flowchart for managers (PDF, 216.64 KB) the 3 steps of the employee grievance process. The flowchart should be read in conjunction with the with the Directive.

Written formal grievances must comply with clause 9 of the Directive to include sufficient information to enable the delegate to take appropriate action including outlining the action that the employee considers would resolve the grievance.

Employees should review the clause 5 and 6 of the Directive to ensure that their matter is not excluded in this action.

6. Grievance about the action or behaviour of the DECS or the Information Commissioner

If the grievance concerns actions, decisions or behaviours of the DECS, the employee should lodge the grievance directly with the Information Commissioner.

A grievance against the Information Commissioner should be lodged with the DECS. The DECS may refer the matter to a relevant external integrity agency if deemed appropriate.

Allegations of corrupt conduct of the Information Commissioner will be dealt with in accordance with section 48A of the Crime and Corruption Act 2001.  Our policy Complaints about the Information Commissioner: Section 48A of the Crime and Corruption Act 2001 sets out how we will deal with a complaint that alleges corrupt conduct of the Information Commissioner.

7. Human rights grievances

The resolution process continues to apply where an employee believes their human rights have been breached.

Employees may choose to escalate their concerns to the Queensland Human Rights Commission (QHRC) for independent resolution.  Please refer to Guide: Human rights: A plain language guide to your human rights for further information.

8. Confidentiality

We will take all necessary action to maintain the confidentiality of all parties when dealing with an employee grievance.  We will only share information when required to investigate, resolve or manage the outcome of the matter subject to any legal disclosure obligations, such as the requirement to provide natural justice to the subject of the grievance.

9. Responsibilities

Managing individual employee grievances is a shared responsibility which requires the cooperation and participation of the employee and their manager or other relevant party to the complaint.

DECS

  • Receives and registers formal individual grievances in accordance with the directive and OIC procedures.
  • Monitors grievances to ensure they are handled appropriately and within timeframes.
  • Determines outcomes of Internal review
  • Provides support and advice to the delegate and employee as appropriate
  • Must safeguard records to maintain confidentiality
  • Maintain a register of internal complaints.

Managers and supervisors and Delegates

Managers and Supervisors are required to proactively identify workplace issues and manage them effectively by creating a safe environment to conduct courageous and supportive conversations.

Act and make decisions in a way that is compatible with human rights, and when making a decision under this directive, to give proper consideration to human rights.

Must manage individual employee grievances:

  • In accordance with the principles of natural justice including timely decision and the provision of adequate reasons
  • In a manner that protects the privacy of the employee who has submitted the grievance subject to any legal disclosure obligations such as the requirement to provide natural justice to the subject of the grievance
  • In accordance with the OIC procedure consistent with clause 9 of the Directive this may include:
    • Conducting preliminary enquiries to determine appropriate options for the resolution of employee
    • Must engage in the grievance process in good faith.

Employees

Ensure any individual grievances are submitted as soon as reasonably possible after the administrative decision, alleged conduct or alleged behaviour has occurred.

Make a genuine and reasonable attempt to resolve grievances as promptly and informally as possible.

Must engage in the grievance process in good faith, respecting the confidentiality of the process and outcome.

Must outline the action that the employee considers would resolve the grievance. Maintain the right to be supported by a person of their choice and be represented by a union representative or member of a professional association.

10. Records

The DECS maintains a register of individual employee grievances on a file that is only available to DECS.  Documents about the individual grievance are stored in a confidential file only the DECS or the Information Commissioner can access as appropriate.

The register will contain high level summary data:

  • the number of grievances lodged under the Directive
  • the number of human rights grievances and the rights complained about
  • the nature of each grievance (whether regarding an administrative decision, employee conduct, workplace harassment or a human rights matter)
  • whether the grievance was resolved at Stage 1, Stage 2 or via external review
  • the outcome
  • whether an external party was engaged to investigate, mediate or take other action.

11. Human Rights considerations

We are committed to respecting, protecting and promoting human rights. Under the Human Rights Act 2019, we have an obligation to act and make decisions in a way that is compatible with human rights and, when making a decision, to give proper consideration to human rights.

12. References