Client Grievance Policy

1. Purpose 

Learning for Life supports the right of every employee or volunteer to raise a grievance if they have a concern about their work environment. 

Learning for Life aims to resolve problems and grievances promptly. When necessary, as determined by Learning for Life, we will escalate a grievance to the next higher level of authority for more discussion and resolution and continue escalating it to the level above until it is resolved. 

Learning for Life will do our utmost to action grievances objectively, discreetly and promptly. Be aware that grievances that are misconceived, vexatious, and lacking substance may result in disciplinary action being taken against the employee lodging the grievance. 

2. Scope 

This policy applies and provides guidance to all employees of Learning for Life. This policy applies whenever and wherever staff members are at work, even if this work is undertaken outside ordinary business hours or away from our offices. This includes: 

• Off-site training days.  

• Company social and sporting events.  

• Team celebrations. 

• Stakeholder engagements, events and conferences. 

Any grievance raised regarding a Board Member will be handled in accordance with the Learning for Life Constitution. 

3. Policy 

Learning for Life committed to maintaining a workplace that encourages, cooperation, collaboration and trust among all staff members. 

On occasions, inappropriate behaviours may occur, and a grievance process is required to resolve complaints or concerns.  

A grievance is any type of concern that an employee may have about their work environment. Employees can report grievances when: 

• They have been victims of workplace harassment. 

• Their health and safety have been compromised. 

• They've witnessed poor supervisor and/or management behaviour. 

• There are unjust changes made to the employment agreement. 

• Policy guidelines are violated. 

• There is a dispute between co-workers, suppliers, and/or management.  

What should I do if I have a grievance? 

If possible, an employee should try and resolve the issue by talking to the person or people involved. It could be that there has been a misunderstanding, or they don’t realise how their actions have affected others. This should be done as soon as possible. 

If the employee does not feel comfortable or able to approach those involved, or they approach them and this does not resolve the grievance, the employee can speak with their manager and/or discuss their grievance with a member of the Senior Management Team or the CEO. This should be done as soon as possible and try to provide them with as much detail as you can. 

What options are available if I have a grievance? 

Advice – includes seeking advice from your manager or a member of the Senior Leadership team to discuss the situation, provide advice and review the possible options with them. This may include advice on whether a formalised complaint is appropriate, or alternatively looking at other ways to support the employee to resolve the concern or issue. 

Informal Resolutions options- can include mediation or conciliation (internal or external) or discussions facilitated by someone from the Senior Management Team, other staff member or Board member. Learning for Life will provide relevant options to the person raising the grievance where Learning for Life believes that the option is likely to assist. This process will require the complainant to be willing to be identified. 

Formal grievance resolution at Learning for Life’s discretion, may involve an investigation by, or on behalf of Learning for Life. Attempts will be made to resolve grievances informally where appropriate, however Learning for Life may begin an investigation at any time if it determines this is required. The aim of the investigation will be to establish the facts of the issue or complaint raised. 

In the event of an investigation, investigators will be independent of the person raising the grievance. Independent external investigators may be appointed by Learning for Life. Investigators will be required to determine, based on the facts obtained in the investigation, if the allegations are substantiated or not. 

Formal Grievance Procedure 

1. To start a formal grievance process, the complainant(s) may submit a detailed written complaint to their manager and/or member of SMT or CEO. If the complaint involves the Manager, the complaint may be reported directly to another member of the Senior Management Team, the CEO or the Board.
   
   All managers are required to inform the CEO, or Board Chair in the chase that the complaint involves the CEO, if they receive written complaint.
   
   The CEO in conjunction with the Manager of HR, or a Board Chair, in the case where the complaint is received directly by the Board, will determine whether the complaint requires formal investigation or whether some other method of resolution (including advice or informal resolution) may be more appropriate in resolving the complaint.
   
   If Learning for Life decides to investigate the complaint, an investigator, independent of the complaint, will be appointed to formally investigate matter.  The investigator may be another member of the SMT, other staff member as deemed suitable or Board member.
   
   The complainant will be required to speak to the appointed investigator confirming their written statement to ensure all the relevant information has been provided and that the investigator understands the context in which the complaint has been made. 
2. The respondent(s), the person(s) whom the grievance or complaint is made against, will be given the full details of the allegation(s) against them in writing. They will then be provided the opportunity and a reasonable amount of time to respond. 
3. Any witnesses with information that may assist the investigation may also be interviewed. Witnesses will only be interviewed where necessary. It is at the discretion of the investigator as to who will be interviewed. 
4. At the conclusion of the investigation, the Investigator will prepare a report setting out the complaint, how the investigation was conducted, relevant facts, conclusions and findings 
5. Both parties will be informed of the findings and the relevant outcomes of the investigation, including any disciplinary actions. 

Individuals interviewed during the investigation have the right to bring a support person. 

The support person’s role during the interview is not to advocate for the person and as such cannot speak on their behalf. Their role is there to provide the person with emotional support during the interview. 

It is important that investigations are conducted as soon as possible, therefore interviews will not be unreasonably delayed to accommodate the availability of a support person. 

During the investigation, every effort will be made by all parties involved to protect the privacy of persons impacted. Only those with a genuine role to play in assisting with an investigation or in resolving a complaint should know its details or discuss its details. These details include (but are not limited to) the fact the investigation is being conducted, any information / details raised or discussed, or information that has either been provided by you or given to you during investigation. Failure to maintain confidentiality is deemed to be misconduct or serious misconduct and may result in disciplinary action (including potential termination of employment). 

Any concerns about continuing to work with the respondent/s during the investigation should be raised with your manager or the Investigator. Learning for Life will explore options available to accommodate these concerns. 

All investigation files will be kept on file. Access to these files will be restricted to persons who have a genuine need to know the outcome of the investigation. If disciplinary action is taken following an investigation, the report or findings will also be placed on the employee’s personal file. 

4. Confidentiality  

Whilst Learning for Life will endeavour to preserve the confidentiality of those involved in a grievance, it may be necessary to speak with other workers or people involved to determine what happened and to maintain the integrity of the investigation process. Where potentially unlawful conduct has occurred, Learning for Life will need to alert the appropriate authorities. 

Those people who are involved in the investigation (including the complainant, witnesses etc.) are also under a duty to maintain confidentiality and display a commitment to uphold the integrity of the investigation process. If the complainant chooses to bring a support person with them to any meetings, they too are bound by confidentiality. Gossiping and/or the spreading of rumours because of, or in connection with, a process followed under this policy will not be tolerated under any circumstances and may lead to further disciplinary action for those concerned.  

5. Victimisation 

In line with Learning for Life’s EEO, Bullying and Harassment policy, all individuals participating in an investigation are prohibited from victimising or retaliating against any other participant involved in the investigation. Participants shall neither be subjected to, nor engage in, victimisation or retaliation due to their involvement in the investigation process.

6. Outcomes 

The outcomes of a formal or informal complaint procedures will depend on the nature of the complaint, its severity and what is deemed appropriate in the relevant circumstances.  

Where the results of an investigation procedure suggest that the complaint has been substantiated procedures will be followed in line with Learning for Life’s Performance Management and Disciplinary Action Policy. The disciplinary action will depend on the nature and severity of the behaviour and may include termination of employment, which may be instant dismissal where serious misconduct is deemed to have occurred.  

Where the complaint involves a contractor or agent of Learning for Life and an investigation process reveals that a person has engaged in unlawful conduct or other behaviour, which is prohibited by this policy, those concerned may face termination of their contracts immediately or will not be renewed in the future.  

In addition to the remedies provided in the Learning for Life Disciplinary Action Policy other action may be deemed necessary to resolve or remedy the behaviour complained of, including but not limited to: 

• providing training to employees concerned. 

• requiring employees who have breached this policy to apologise to appropriate person(s). 

• adjusting working arrangements where appropriate. 

• providing counselling to employees (complainant and the person complained of). 

• placing employees on performance improvement plans to ensure improved behaviour. 

• providing coaching and mentoring. 

 Appeals 

If any party involved is dissatisfied with the outcome of an investigation, or the handling of the complaint, they can contact the CEO or Board Chair to express their concerns.  

The CEO or Board Chair will review the procedure followed, evaluate the outcome, and make a final decision on the matter. Once this decision is made, the person who filed the appeal will be informed of the outcome and this decision will be considered final. 

 8. Reporting

All grievance complaints that move forward to a formal investigation will be reported to the Board via the CEO.  Confidentiality will be maintained to the greatest extent possible, considering privacy requirements. Reports will include details about the complaint, a summary of the investigation process, findings, recommendations, and the outcome.  In the case of an appeal, the report will also include information related to the appeal process and its outcome. 

9. EAP Support 

Learning for Life provides a free, confidential, and independent Employee Assistance Program (EAP) to all members of staff and volunteers. This support is provided by a third party, Relationship Matters.  

Staff members may use the confidential EAP services to seek professional counselling on any work related or non-work-related matter.  

Simply call (03) 8650 6262 and identify yourself as an employee of Learning for Life Autism Centre.  

 Commencement and Review