Policy University Management Resolution of Grievances Procedure

Resolution of Grievances Procedure

Intent

This Procedure has been established to provide a fair and transparent process for resolving grievances about employment-related matters that meet the requirements of the James Cook University (JCU; the University) Enterprise Agreement (the Enterprise Agreement).

Scope

This Procedure applies to grievances raised by Staff Members covered by the Enterprise Agreement regarding employment related matters that are not able to be dealt with under the dispute resolution provisions of the Enterprise Agreement, the National Employment Standards, or other University policies.

This Procedure does not apply to grievances covered by the dispute resolution provisions of the Enterprise Agreement, the National Employment Standards, or other University policies. Staff Members wishing to raise grievances covered by the dispute resolution provisions of the Enterprise Agreement, the National Employment Standards, or other University policies should seek advice from their Human Resources (HR) representative, or may seek advice from their union.

Definitions

The meaning of terms used in this Procedure are as per the Human Resources Policy Glossary or the Enterprise Agreement.

General

1. Workplace grievances can manifest in various forms, ranging from interpersonal conflicts to concerns about unfair treatment. Any Staff Member who has a workplace grievance can make a Report or Complaint under this Procedure.

2. If a Staff Member holds delegation as part of this process and is unable to exercise that delegation for any reason, including an apprehension of bias or a potential or actual conflict of interest, in the first instance the delegation should be exercised by the delegate’s supervisor or another senior officer at a classification level no less senior than the delegate.

3. When a report or complaint (grievance) concerns the conduct of a contractor associated with the University or an entity of the University, the University will document the report or complaint (grievance) and refer it to the relevant employer for resolution.

4. A Staff Member may seek the assistance and support of a Support Person/Representative at any stage during this process.

5. Staff Members may seek support from the University’s free and confidential Employee Assistance Program at any time.

6. Grievances will be handled in accordance with the principles of natural justice, ensuring fairness and impartiality throughout the process.

Procedure

1. Resolution Options

1.1 A Staff Member or Affiliate can at any time notify the University that they wish to raise a grievance. This can be done by lodging a report or a complaint (grievance). A report or complaint (grievance) lets the University know that a grievance exists and enables support to be provided to the person/s affected.

1.2 Reports can be made anonymously, noting that the actions that are possible in response to an anonymous report are limited.

1.3 Complaints (grievance) cannot be made anonymously, as the complainant will need to be involved in the resolution process.

2. Resolving a Report

2.1 Where a Report is received and the person has also provided their name, a HR Staff Member will be appointed to manage the case and will make direct contact with the Staff Member or Affiliate. Making a report does not start a formal process. The HR Staff Member will:

a. advise the person of the support options available;

b. advise the person of their option to make a Complaint; and

c. be the person’s primary point of contact through the process.

2.2 HR will assess the report and consider if there are any risk mitigations activities that are possible and/or required. This may include escalation to the relevant Head of Work Unit or Deputy Vice Chancellor (DVC).

2.3 The University will act in line with the wishes of the person who made the report. The options could include:

a. taking no immediate action;

b. resetting expectations about the offending behaviour or conduct with the other person/s;

c. the requirement for the other person/s to undertake internally provided training;

d. a complaint being made.

3. Resolving a Grievance

3.1 Resolving a grievance made under this procedure may include one or more of the following levels, depending on the nature of the grievance:

a. First Level: Facilitation;

b. Second Level: Assisted Resolution;

c. Third Level: Alternate Dispute Resolution (ADR); and

d. Fourth level: Referral to the Fair Work Commission (FWC).

3.2 Resolving a grievance under this procedure may involve multiple levels, or may only involve one level, and may not occur sequentially.

3.3 There may be circumstances in which a Head of Work Unit or Supervisor decide following consultation with HR to take no further action. This may be appropriate where:

a. The person who submitted the grievance has provided insufficient detail or evidence about the grievance to warrant the grievance progressing or to enable the matter to be properly considered under this procedure; or

b. The grievance is frivolous, vexatious or malicious (see section 6 below); or

c. The grievance relates to alleged conduct that occurred more than 12 months before submitting the grievance and no further occurrence has happened within the 12 months following the alleged conduct.

The Head of Work Unit or Supervisor will write to the person who raised the grievance (and Respondent where appropriate) setting out the reasons for the determination to take no further action.

3.4 If at any time during the process outlined in this procedure the alleged behaviour or conduct is assessed as misconduct/serious misconduct, the matter may be referred to HR to manage under the misconduct/serious misconduct provisions of the Enterprise Agreement.

3.5 A work, health and safety risk assessment will normally be conducted by a HR staff member at stage 2 of the process. There may be instances where a work, health and safety risk mitigation plan is required. Where this occurs the relevant Staff Member/s will be involved in the development of the plan.

First Level: Facilitation

Step	Action
1.	Where a Staff Member wishes to raise a grievance with the University under this Procedure, the Staff Member will initially attempt to resolve the grievance informally themselves at the workplace level, by raising their concern with the other party or parties involved in the grievance, if they feel able to do so.
2.	If a Staff Member does not feel able to raise concerns with the other party or parties involved in the grievance, the Staff Member should raise their concerns with their Supervisor. Where the grievance involves the Staff Member’s Supervisor, the Staff Member should instead raise their concerns with their Supervisor’s Supervisor. The Staff Member can seek assistance from HR prior to raising their concern/s with their Supervisor or Supervisor’s Supervisor. A Staff Member may also consider making a report through the University’s online Reporting and Complaints Portal. Where a report is made a HR Staff Member will be appointed to manage the case and will make direct contact with the Staff Member.
3.	Within 10 University working days, the parties should (if possible) arrange a discussion to attempt to informally resolve the grievance. Where the Staff Member or Supervisor requests assistance with informal resolution and/or documentation of an agreed resolution, HR will facilitate discussions and record any agreed outcome.
4.	If the matter is informally resolved, the resolution reached between the parties should be recorded in writing and will be adhered to by the parties and provided to HR for filing.

Second Level: Assisted Resolution

Step	Action
1.	If the grievance is not resolved at the first level, the Staff Member or, where requested, their Representative, may notify the Director, Human Resources, of the unresolved grievance. This notification must be in writing and no later than 20 University working days after the discussion and/or failure to resolve the grievance at the First Level. The notification will include the following information: The details of the grievance and any supporting documentation; The attempts made to resolve the grievance informally; Any response that was provided during or following the attempts at informal resolution; Any solutions or remedies discussed; and The preferred remedy to resolve the grievance, and any alternative remedies that may be acceptable.
2.	Within 20 University working days, HR will attempt to resolve the grievance. Attempts to resolve the grievance may include, but are not limited to: making further inquiries into the grievance; conducting a facilitated discussion; and/or making suggestions for resolution.
3.	If the matter is resolved, the resolution reached between the parties should be recorded in writing and will be adhered to by the parties and provided to HR for filing.

Third Level: Formal Resolution (ADR)

Step	Action
1.	Where considered appropriate given the circumstances and nature of the grievance, the Director, Human Resources may request where appropriate and reasonable the parties participate in ADR. Confidential ADR of the grievance will be provided by a mediator/conciliator/facilitator who is independent of the grievance. The ADR will occur within 10 working days where reasonably practicable. The Director, Human Resources will ensure that appropriate arrangements and processes are put in place for the ADR.
2.	Any agreed resolution of the grievance as a result of the ADR shall be recorded in an ADR outcome agreement and adhered to by the parties and provided to HR for filing.
3.	Where the parties have already participated in ADR in the Second Level of the procedure (Assisted Resolution), ADR will not be considered at this level and the Staff Member may refer the matter to the FWC under the Fourth Level of the Procedure.

Fourth Level: Referral to the FWC

Step	Action
1.	Where the grievance remains unresolved following completion of any formal ADR process, and it is not appropriate and reasonable for ADR to be undertaken, or the Staff Member raising the grievance and Director HR agree the Staff Member who made the grievance may refer the matter to the FWC.
2.	The decision made by the FWC will be binding on the parties involved in the grievance and will constitute a settlement of the matter.
3.	A copy of the decision will be filed by HR.

5. Confidentiality

5.1 Information pertaining to a grievance raised under this Procedure will be treated as confidential and will be provided only to those who have a need for the information for the purposes of managing the grievance in the course of their employment with the University, or when it is required in the course of investigating or resolving the grievance, or where disclosure is required by legislation.

5.2 Any party involved in a matter relating to this Procedure, including Complainant, Respondent, witnesses, interviewees and support people/representatives must treat a grievance and all associated information and processes as confidential.

5.3 All parties to the grievance will be informed of:

the nature of the grievance;
the steps taken (or to be taken) to resolve the grievance; and
the outcome of the grievance resolution process.

6. Vexatious, Frivolous, Malicious or Other Improper Grievances

6.1 Whilst the majority of grievances are motivated by genuine concern about perceived or actual inappropriate or unfair behaviour or actions, on some occasions a grievance may be vexatious, frivolous or malicious. A vexatious or frivolous or malicious grievance is one which has the intent to harass or annoy, to cause delay or detriment, or is for any other improper purpose.

6.2 Any grievance that is found to be vexatious, frivolous or malicious may constitute grounds for the Staff Member who has raised the grievance being issued allegations of misconduct/serious misconduct.

7. Victimisation

7.1 Staff Members must not threaten or undertake retaliatory behaviours towards a Staff Member/s who raise a grievance or are involved in the grievance resolution process.

7.2 Where a Staff Member is subjected to threatening or retaliatory behaviour because they raised a grievance or are involved in the grievance resolution process, they should contact HR.

7.3 Where a Staff Member threatens or undertakes retaliatory behaviour towards another Staff Member who has raised a grievance or is involved in the grievance resolution process, this will be considered Misconduct/Serious Misconduct under the Enterprise Agreement

Related policy instruments

JCU Enterprise Agreement

Bullying, Discrimination, Harassment, and Sexual Misconduct Policy

Bullying, Discrimination and Harassment Complaint Procedure for Staff and Affiliates

Schedules/Appendices

Nil

Administration

NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Policy Domain	University Management
Policy Sub-domain	Human Resources
Policy Custodian	Deputy Vice Chancellor, Services and Resources
Approval Authority	Vice Chancellor
Date for next Major Review	03/11/2028

Revision History

Version	Approval date	Implementation date	Details	Author
25-1	24/06/2025	08/07/2025	Major amendments to include reference to reporting processes, conflict of interest and victimisation.	Senior Industrial Relations Specialist
23-1	03/11/2023	30/11/2023	Major review - updated to reflect changes in the Enterprise Agreement. Procedure renamed – formerly titled Resolving Workplace Grievances and Complaints Procedure	Manager, Industrial Relations and Policy

Keywords

Keywords	Grievance, Complaint
Contact person	Manager, Industrial Relations and Policy