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  Management
  Alternatives Pty Ltd
  ABN 23 050 334 435




Contents | 1. Introduction | 2.Steps | 3.Table of contents | 4. Formats and examples | 5. Resources


4. Formats and examples

Formats
0 - Format examples
Tables of contents

1- CRC Manual
2- Refuge Manual
Values and principles
3. Client rights and
     responsibilities

4. Staff rights and
     responsibilities

5. Board rights and
     responsibilities

6. Beliefs and
    commitments

Governance
7. Board
8. Management
   committee

9. CEO job
   description

Service models
10. Supported
   accommodation

Legal frameworks
11. Duty of care
12. Privacy
Aspects of
service process

13. Worker security
    on home visits

Human resources
14. Disputes and
     dismissals

Evaluation
15. Evaluation

 

 


Example 14. Disputes and dismissals

Policy

All staff are entitled to natural justice in the settling of disputes and/or in dismissals.

Procedures

Step 1 - First Warning- Verbal

A worker should be told as soon as possible of any complaint concerning the performance of his/her work.

Complaints must be specific and should relate to the job being done.

The complaint should be discussed by the supervisor and staff person and the supervisor should outline how the staff person must improve his/her performance.

The staff person is entitled to have a representative of the Union or any other person attend this discussion.

If this resolves the dispute there is no need to proceed further.

Step 2 - First Written Warning

If the problem continues or occurs again after the verbal warning the staff person should be given written notice of the complaints against her/him. The notice should indicate the time for a meeting between the Executive Officer, the Chairperson of the Management Committee(or his/her delegate), the staff person and a representative of their choice.

At the meeting the supervisor will present the complaints to the staff person. The staff person has the right of reply and should be able to discuss the complaints made against him/her.

The Chairperson of the Management Committee (or his/her delegate) and the Staff persons's representative are present as witnesses only.

The aim of the meeting is to resolve the dispute but if this is not possible the two parties should negotiate how the situation may be improved. Undertakings could be made to change certain things within a trial period.

Normally a review would take place after a trial period.

Step 3 - Final Written Warning

If the problem still persists, another meeting of the parties should be called within a reasonable time and the staff person given written notice to attend. Again she/he has the right of reply and can discuss the situation.

The matter should be discussed and further action may be considered.

The two parties need to negotiate what this action might be and the staff person is given written notice - a 'final written warning'

If this resolves the dispute there is no need for further action.

Step 4 - Termination of Employment

If the problem still continues after these three warnings any action proposed in the 'final written warning' about what would happen if the staff person did not change should be put into effect. In serious cases this could include dismissal.



This disputes procedure does not affect the rights of the employer to dismiss staff on the spot where there has been a sufficiently serious breach of conduct.