Final Step. If after the Decision Making Leave and commitment, the problem again persists, the employee is sent a Xxxxxx letter as described below and the Xxxxxx process is followed.
Final Step. Within ten (10) working days from the expiration of the twenty (20) day period referred to in Step One, the employee may present his grievance in writing at the final level of the grievance process either by personal service, registered mail, email or fax, to the person designated by the Employer as the final level in the grievance process for the Department in which he is employed. Any settlement proposed by the Employer at level one and any reply must accompany the grievance when it is presented at the final level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within ten (10) working days from the date the grievance was presented at the final level. Should the employee not receive a reply or satisfactory settlement of his grievance within ten (10) working days from the date on which he presented his grievance at the final level, the employee may refer his grievance to Adjudication as provided in Article 15 (Adjudication) hereof, within fifteen (15) working days of the date on which he should have received a reply from the person designated as the final level.
Final Step. If the grievance is not satisfactorily adjusted in the second step, the Chairman of the Grievance Committee of the Union or his designated representative shall present the grievance to the Final Step of the grievance procedure in writing prior to the Final Step meeting. Each Thursday from 12:00 p.m. until 4:30 p.m., a meeting will be held between the Grievance Committee and Labor Relations. On the days of these meetings, the time from 12:00 p.m. until 1:00 p.m. shall be allotted to discuss issues of mutual concern. The balance of the meeting shall be used to discuss grievances that have been referred to the Final Step, provided there are grievances to discuss. The Grievance Committee shall have an opportunity to assemble in the Conference Room forty minutes prior to the Final Step Meeting.
Final Step. If the CEOs are unable to resolve, or do not anticipate ---------- resolving, the dispute within 3 days after referral of the matter to them, the Parties will submit the Dispute to arbitration.
Final Step. If a dispute in relation to a matter arising under this Agreement or the NES is unable to be resolved at the workplace and each of the prescribed Steps for resolving the dispute have been taken, the dispute may be referred to the Fair Work Commission (FWC) for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the FWC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions, which are necessary to make the arbitration effective. The decision of the FWC will be binding on the parties to the dispute, subject to either party exercising a right of appeal against the decision to a Full Bench of the FWC in accordance with the appeal provisions prescribed by the Fair Work Act 2009. Note 1 In order to allow for a peaceful resolution of grievances, the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while these procedures are being followed.
Final Step. If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions, which are necessary to make the arbitration effective. The decision of the member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. The parties to this agreement may, in the event of a dispute appoint another person, organisation or association to accompany or represent them in relation to the dispute. Work will otherwise proceed under the conditions prevailing before the dispute arose. Where those conditions cannot be restored, then work will continue in accordance with the reasonable and lawful direction of the Employer and in accordance with the Employee’s skills, competence, training and safe work practices. Employees and their representatives who are directly involved in the matter will be released from normal duties without loss of pay to assist in case preparation and to attend the proceedings
Final Step. If a member of the Management Team fails to give the grievant a written response within fourteen (14) business days of the Step 2 meeting, or if the grievance is not settled in Step 2, the grievant may, within twenty (20) business days of the Step 2 meeting, appeal the decision in writing to the Executive Director. The written appeal statement shall include a copy of original grievance and appeal, and a clear, concise statement of the reasons for the additional appeal. Within fourteen (14) business days, a meeting will be scheduled with the Executive Director, the grievant, and the grievant‟s representative. The fourteen (14) business days may be waived by mutual consent of the parties involved. The Executive Director may invite other members of management to be present. The Executive Director shall respond within fourteen (14) business days following his/her meeting with the grievant. The decision of the Executive Director is final and binding for all grievances.
Final Step. If after the Decision Making Leave and commitment, the problem again persists, the employee is sent an intent to terminate notice as described below and the Xxxxxx process is followed.
1. A statement of the nature of the disciplinary action.
2. A statement of the cause of the action.
3. A statement in ordinary and concise language of the act or omission upon which the action is based.
4. A statement of the employee’s right to respond either orally at a meeting requested by the employee, or in writing and timeframes for responding.
Final Step. If after the completion of all the above 5 steps the parties have failed to resolve the grievance, the matter may be referred by either party to the FWC for arbitration.
Final Step. If after the completion of all the above 5 steps the parties have failed to resolve the grievance, the matter may be referred by either party to the Fair Work Commission for arbitration. If arbitration is necessary FWC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Any outcome determined under this clause cannot be inconsistent with legislation obligations. The decision of FWC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
