At times the behaviour of others can leave us feeling harshly treated.  We can either try to work on and ignore the problem (and hope it disappears or does not escalate) or seek help.  It is an unfortunate reality of life that sometimes, we are forced into situations where we need to stand up for ourselves and use the grievance processes available to seek change where it is necessary. There are many reasons why members may wish to take up a grievance - providing they are not frivolous or vexatious, the union will help you to do so.

The CSIRO Grievance Procedures are designed to resolve issues informally, swiftly, confidentially, and as close to the actual work situation as possible.  They seek to resolve staff concerns about one or more of the following issues, where no other formal avenue of appeal exists:

• The application of existing employment conditions
• Probation or selection procedures
• An official instruction
• Issues arising from decisions or actions connected to their employment

In some situations, the grievance may be prevented from proceeding, though this is rare. In these cases, the officer will be notified in writing with a detailed statement of the reasons why the process has been curtailed.

Exclusions - Other avenues of appeal exist for:

• Salary/increment decisions
• Classification decisions
• Disciplinary actions
• Workers compensation issues

Stage 1 Informal Grievance

Step 1  Discuss the matter with your manager in an effort to reach a resolution.  They are expected to respond promptly and to initiate discussions within a week. You should explain:

- what action or decision is the cause of the complaint,
- what specifically is the complaint,
- what is the impact of that decision or action and
- what is the preferred outcome or result you are seeking.

In some cases you may not feel comfortable raising an issue with your manager and may be unsure how to resolve the issue. As part of the informal processes you may refer to any of the following people for guidance and advice:

- Divisional Ombudsman (if applicable)
- EEO Contact Officers
- Personal Counsellors/Employee Assistance Program (EAP)
- Employee/union representative
- Human Resources staff

If the matter is about the behaviour or actions of the manager and it is not appropriate to discuss it with that manager, go to Step 2.

Step 2   Discuss the matter with the next level manager.  This step may include mediation, negotiation or a review of the decision or action that caused the complaint or request for formal investigation.  If not resolved go to Step 3.

Step 3  Consider a range of options, including facilitation and mediation.  The terms of the process need to be agreed by the parties concerned.  If the matter is not resolved, request a formal grievance investigation.

Stage 2 Formal Grievance

Some situations may arise where informal resolution fails or is not appropriate and a formal process is needed.

Step 1  You initiate the formal process by writing a letter to the Chief or Business Unit Manager or Group Chair or Chief Executive (CE) as appropriate stating that you wish to proceed with a formal grievance.

Step 2  The Chief (or Group Chair/CE) appoints an Administrator and an Independent Investigator within 14 days of receiving the formal grievance.  Any objection to the person appointed as the investigator must be made in writing within 14 days.

Step 3  The independent investigator undertakes a formal investigation. The investigator will, wherever possible, interview all relevant staff. NB/ Nothing in this process is intended to prevent the investigator from resolving the grievance informally by mediation or other means before the formal process is completed.

Step 4  The investigator prepares and submits a report to the Chief addressing each of your complaints and makes recommendations. The Administrator provides you with a copy of this report.

Step 5  The Chief (or Group Chair/CE)
- reviews the report
- accepts or varies the recommendation, and
- advises you of any actions as a result of the investigation.

If the matter is not resolved, go to Step 6.

Step 6  The matter could be referred to the Chief Executive for review where the Chief or Group Chair does not accept or varies the recommendation of the investigator, or a party to the grievance believes the investigation process was flawed.

The Chief Executive's decision is final.

About the Grievance Process

Natural Justice
Natural justice principles apply. This means that all parties must get a fair hearing and the investigation must be unbiased, i.e. the independent investigator must not have an interest in the outcomes of the grievance.

Paperwork
The formal request must be in writing and clearly state the issue(s) to be resolved.  It should be concise, detailing all the facts and providing relevant information in support of the claims. It is important to include a statement about the outcomes(s) sought.  Copies of documents others supply to the investigator should also be provided to you.

Confidentiality
At all times, documentation and discussions associated with a grievance will be treated as confidential. Relevant information will be retained on a specific confidential file to which access will be restricted to a "needs to know" basis only.

Timeliness
All complaints should be dealt with promptly and thoroughly with a view to finding a resolution as soon as practicable.

Right of parties to be accompanied at interviews
Staff Association representatives or colleague officers may represent or accompany the member during this process.

Allegations against a third party
Where a grievance involves allegations against a third party, the officer who is the subject of the allegation must be advised in writing of the allegation.  The officer concerned will be given an opportunity to respond in writing to the allegation within 14 days.

No disadvantage or discrimination
Members are entitled to raise concerns and should not suffer in any way because they do, regardless of the outcome of the process.  A grievance can sometimes result, in part, from discrimination related to gender, race, cultural differences etc. It is important that all parties therefore comply with EEO principles and anti-discrimination laws.

Why use Mediation/Facilitation?
Mediators/Facilitators are independent third parties, trained and skilled in assisting others to resolve their problems through dialogue and negotiation. They are neutral and listen to both sides. They do not "decide the case", defend either party or provide the answer. They are responsible for the process and this allows the participants to concentrate on the issues. They enable the parties to develop a shared understanding of each other's needs, explore options and develop solutions that are acceptable all round.

Recording an agreement
Where the disagreement is resolved by mutual agreement, all parties involved should sign a record of the agreed outcome. Each party should receive a copy of the agreement as well as the original being placed on the confidential file.

So should you lodge a grievance?

Although the procedures prohibit victimisation of staff for lodging a grievance, some members have concerns about the effect of lodging a grievance on their career or working environment. This may result in a decision not to proceed and the member continuing to tolerate an unsatisfactory working situation. The Staff Association encourages members to use the appropriate means of redress if they are unduly suffering in their employment. At these times, the Staff Association will provide advice and support. CSIRO has numerous staff who have gone through the grievance process and gone on to enjoy a prosperous career.

Key References
CSIRO Enterprise Agreement 2002-2005, Schedule 10 – Grievance Procedures.
CSIRO Personnel Management Manual, Section 3.5 – Eliminating Workplace Harassment.

If in doubt, seek the advice of your workplace delegate or Organiser.