Grievance & Complaints Policy
Discipline and Termination Policy
Grievance & Complaints Policy
Purpose
This Policy applies to all employees of P6 Projects.
Scope and Definitions
This policy applies to all operations of the P6 Projects. It outlines the framework and approach to management of risk within the P6 Projects.
The policy applies to all P6 Projects directors and employees.
Policy Statement
Where an employee / host has a grievance or complaint in relation to a work-related matter, the following options are available to them. This policy also relates to reports of unethical behaviour.
Process
First Instance
The employee / host should raise the grievance or complaint directly with the person causing the problem and inform them why they consider the person’s behavior or actions to be inappropriate or unreasonable.
If the employee/ host is satisfied with the person’s response, the matter will be resolved and no further action will be required.
If the employee / host is not satisfied with the person’s response, the employee / host should report the matter to their line manager – in the case of trainees and apprentices and hosts this would be their P6 Projects Field Coordinator for informal resolution (if the Field Coordinator is the subject of the grievance or complaint, the matter should be reported to the Director).
Informal Resolution
Upon receiving a grievance or complaint, the P6 Projects Field Coordinator (or Director) will discuss the matter with the employee / host and identify options to address the issue.
If the employee / host is satisfied with the outcome, the matter will be resolved and no further action will be required.
If the employee / host is not satisfied with the outcome, the employee / host may progress the matter to the next level of management (Director), or to formal resolution.
Formal Resolution
If the employee / host decides to progress the matter to formal resolution, the employee / host must provide a written notice of their grievance or complaint to the Director).
Following the receipt of a written notice, P6 Projects will investigate the grievance or complaint.
After completion of the investigation, P6 Projects may take one of the following courses of action:
If the grievance or complaint is unsubstantiated, the employee / host will be informed of the decision and the grounds upon which it was made.
If the grievance or complaint is substantiated, the employee / host will be informed of any remedial or corrective action that is to be taken.
If the employee / host is not satisfied with the way in which the grievance or complaint has been managed by P6 Projects, or the outcome of the grievance or complaint, the employee / host may notify the Director of P6 Projects.
If the employee / host is not satisfied with the formal resolution outcome, the employee / host may seek the assistance of the South Australian Skills Commission.
If the employee has made a grievance or complaint under this Policy, the employee will be required to continue to perform their duties as normal, unless P6 Projects determines that it is appropriate for other arrangements to be implemented.
An Apprentice and or Trainee may contact the Office of the Training Advocate (http://www.trainingadvocate.sa.gov.au/) for assistance in respect of any matters arising under this Policy. The Training Advocate provides assistance at no cost.
In accordance with to South Australian Skills Act 2008, Division 4 – Compliance notices, misconduct, disputes and grievances, The South Australian Employment Tribunal can also be contacted to help work through disputes or grievances any party may have in regards to the traineeship or apprenticeship.
https://www.saet.sa.gov.au/about-saet-3/what-you-can-expect/
Responsibilities
The Director is the officer responsible for ensuring that the P6 Projects meets all legislative obligations in respect this policy and ensuring employees are adequately trained to perform their work safely.
Managers are responsible for ensuring that the principles of this policy are adhered to in all activities within the day-to-day operation of their service.
Discipline and Termination Policy
Purpose
The purpose of this document is to define the process for carrying out discipline and termination process to ensure P6 Projects comply with relevant legislation.
Scope and Definitions
This policy applies to P6 Projects employee workers at P6 Projects workplaces and sites.
Checklist means a workplace Inspection form created to identify, record and treat risks in the workplace
“Poor performance” is a situation where a staff member fails to meet standards expected of them in their role. The following are some examples of a non-exhaustive list of situations which may lead to disciplinary action:
Failure to follow or comply with P6 Projects Policies and procedures
Poor communication with P6 Projects Staff and key stakeholders
Slow or low output
Consistently failing to comprehend and respond to instructions from P6 Projects management
Failing to maintain a neat, presentable and professional appearance
Behaviours which reflect negatively on P6 Projects or the GTO
“Breach of contract” is any behaviour, conduct or action which contravenes a term of the employment contract, whether explicit or implied. The following are some examples of a non-exhaustive list of situations which may lead to disciplinary action:
Breaches of any P6 Projects or work place policies or procedures
Lateness or being absent from work without authorisation
Leaving work without permission
Loss of driving licence
Inability to obtain or maintain a clearance to work with children or vulnerable adults
“Misconduct” is a situation where an employee’s behaviour falls below the standard expected by P6 Projects . The following are some examples of a non exhaustive list of situations which may lead to disciplinary action:
Failing to follow reasonable and lawful directions from P6 Projects management
Damage to P6 Projects and P6 Projects stakeholder property / plant / equipment
Driving offences under the Traffic Act attracting 3 demerit points or less
Not wearing P6 Projects issued PPE
Failing to observe site specific policies and procedures
Verbal Warning – A more serious form of counselling where the P6 Projects staff member is cautioned that their conduct or performance is such that immediate improvement is required or significant action may be taken against them.
Serious or wilful misconduct is any conduct that damages the relationship of trust between the employer and employee, where the employee knows, or should have known, that the action or behaviour is in breach of their contract, workplace policies or other legislation. Such conduct may include theft, dishonesty, intentional wrongdoing or refusing to obey a lawful and reasonable order or unwillingness to be bound by the employment contract
Policy Statement
This policy is designed to be applied fairly and consistently to all Civil Contractors Federation SA (CCF) staff that are involved in the delivery of services within the Group Training department. P6 Projects Apprentices and Trainees are also covered under this Policy. All employees have rights under the National Employment Standards.
Process
All P6 Projects staff are subject to regular performance reviews at which expectations of performance standards and outcomes can be negotiated.
When staff do not meet the expected behaviours, performance levels or outcomes, they may be placed in a formal performance management and review program. The purpose of this program is to clarify the expectations of the employer around behaviour, performance and outcomes for the employee’s role.
In some cases, this may include or later lead to disciplinary action.
P6 Projects staff will be subject to disciplinary action for:
Poor performance
Breach of contract
Misconduct.
Serious or wilful misconduct may result in immediate suspension pending investigation.
The following are some examples of a non exhaustive list of situations which may lead to serious misconduct related disciplinary action:
Violence, threatening behaviour, bullying, harassment or abuse in any form whatsoever shown towards P6 Projects staff and / or management, Host Trainers, apprentices, trainees or other associated stakeholders
Serious breaches of WHS legislation, policies or procedures
Serious breaches of the employment contract
Intentional damage caused to P6 Projects or any other property
Activity bringing disrepute to P6 Projects or other associated stakeholders
Refusing to follow reasonable and lawful directions from P6 Projects management
Unlawful behaviour at work
Unlawful behaviour outside of work that causes detriment to P6 Projects
Fraud, theft, bribery or wilful dishonesty including falsifying timesheets or records of employment
Breaches of the Traffic Act attracting more than 3 demerit points, any criminal driving offence or repeated infringements within any 12 month period
Concealment of a material fact on engagement
Possession, use or dealing in any prohibited drug or other restricted or dangerous substance
Attending for work under the influence of alcohol
Acts of incitement to, or actual acts of discrimination or harassment on any unlawful grounds
Serious neglect of duties or serious incompetence
In all cases of performance management or investigation except summary dismissal, the offer of a support person will be given to ensure fairness and equity in the proceedings. As summary dismissal often necessitates acting quickly and with little notice, the offer to allow a support person to be present is not always practical or possible.
An Allegation Letter sets out the behaviours, actions or performance issues in question and subject to investigation. They will be provided to all staff subject to investigation except those being summarily dismissed. The allegation letter will offer a time, date and location at which the employee can respond to the allegations.
A Support Person is any person chosen by the employee subject to investigation or performance management to provide them with support during the interview process. This can include family members or friends but cannot include a person who is material to the investigation e.g. a witness. A support person is not entitled to advocate or act on behalf of the employee and must not address the matter at hand but rather, provides personal support to the employee.
Written Warning is formal documentation issued to the P6 Projects staff member after the investigation indicating the outcome of the investigation and that their unsatisfactory conduct or performance is placing their continued employment with P6 Projects in serious jeopardy.
A Final Written Warning has the intent to leave the staff member in no doubt as to the imminent termination of their employment contract should there be any further occurrences of poor performance or misconduct.
Primary Process
In the first instance, performance management and counselling matters will be dealt with by the Associate Director Apprenticeships and Group Training, or other appropriate Manager as the situation requires. Serious matters of misconduct or matters which escalate due to the staff member not improving or engaging in the counselling process will be managed by the Associate Director Apprenticeships and Group Training or other appropriate Director or Manager.
Dismissal of any staff member (not applicable to apprentices) will be managed by the Executive Director, or other appropriate Director.
P6 Projects staff will be counselled over incidents involving written warnings. Failure to respond to the meeting request may result in the preparation of appropriate documentation for the termination of their employment contract without further input from the staff member
Summary dismissal (also called Instant dismissal) – not applicable to apprentices - permits an employer to sack an employee immediately if the employee engages in sufficiently serious misconduct. Summary dismissal overrides the requirement of a notice period and therefore the employee is not entitled to receive their notice period.
In all cases, Termination will take place within the legislative framework of the National Employment Standards and other appropriate Industrial Relations legislation.
APPRENTICE SPECIFIC MATTERS
Special conditions for the suspension or termination of apprentices:
Suspension:
No person other than the South Australian Skills Commission (the Commission) may terminate or suspend or purport to terminate or suspend a training contract. The Commission may, on application or of its own motion terminate or suspend a training contract.
P6 Projects will make an application for termination or suspension of a training contract to the Commission in the manner and form approved by the Commission.
P6 Projects will provide the Commission with any information required by the Commission for the purposes of determining the application.
The Commission will specify the date on which the training contract will terminate or be suspended or will be taken to have been terminated or suspended.
P6 Projects may, after the commencement of the term of the contract and within the probationary period, terminate the contract by written notice to the parties of the contract.
If the training contract is terminated during the probationary period P6 Projects will notify the Commission in writing of the termination within 7 days.
If P6 Projects has reasonable grounds to believe that an apprentice employed by P6 Projects is guilty of wilful and serious misconduct, P6 Projects may (without first obtaining the approval of the Commission) suspend the apprentice from employment and will, in that event:
Immediately refer the matter to the Industrial Relations Commission and:
Within 3 days of the suspension – confirm the reference in writing
A suspension under this arrangement will, unless confirmed or extended by the Industrial Relations Commission under section 65 not operate for more than 7 working days.
Responsibilities
The Executive Director is the officer responsible for ensuring that the P6 Projects meets all legislative obligations in respect this policy and ensuring employees are adequately trained to perform their work safely.
Managers are responsible for ensuring that the principles of this policy are adhered to in all activities within the day-to-day operation of their service.
Access and Equity Statement - Access and equity principles are incorporated in to this policy to ensure an inclusive, safe, responsive and accountable system for all P6 Projects GTO hosts, apprentices, trainees and staff.