Common use of GRIEVANCE AND DISPUTE SETTLING PROCEDURE Clause in Contracts

GRIEVANCE AND DISPUTE SETTLING PROCEDURE. (a) The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to single employee or to any number of employees. (b) In the event that an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this part in the procedure. (c) If the grievance or dispute is not resolved under clause 11, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative. (d) If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next grade of management beyond that of the supervisor concerned. If there is no grade of management beyond that involved in the allegation the employee may proceed directly to the process outlined at sub-clause (e). (e) If the grievance or dispute is still unresolved after discussions listed in sub-clause

Appears in 15 contracts

Samples: Collective Agreement, Café St Tropez Collective Agreement 2006, Collective Agreement

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GRIEVANCE AND DISPUTE SETTLING PROCEDURE. (a) The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to single employee or to any number of employees. (b) In the event that an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this part in the procedure. (c) If the grievance or dispute is not resolved under clause 11(b), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative. (d) If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next grade of management beyond that of the supervisor concerned. If there is no grade of management beyond that involved in the allegation the employee may proceed directly to the process outlined at sub-clause (e). (e) If the grievance or dispute is still unresolved after discussions listed in sub-clauseclause (b) the matter shall, in the case of a member of an Industrial Organisation of Employees, be reported to the relevant officer of that Organisation of Employees and the Senior Management of the employer or the employer's nominated Industrial Representative. An employee who is not a member of an Industrial Organisation of Employees may report the grievance or dispute to Senior Management or the nominated Industrial Representative. This should occur as soon as it is evident that discussions under sub- clause (b) will not result in resolution of the dispute. (f) If, after discussion between the parties, or their nominees mentioned in sub-clause (e) the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in accordance with the Workplace Relations Act 1996 or its replacement. (g) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. (h) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. (i) All parties shall give due consideration to matters raised or any suggestion or recommendation made by a Commissioner of the Australian Industrial Relations Commission with a view to the prompt settlement of the dispute. (j) Any Order of the Australian Industrial Relations Commission will be final and binding on all parties to the dispute. (k) Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the Workplace Relations Act 1996.

Appears in 1 contract

Samples: Collective Agreement

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