Resolving Staff Workplace Issues Policy

1. Purpose

To provide CIT employees and managers guidance on managing issues that arise in the workplace between employees and to ensure that all workplace issues are managed in a fair, equitable and timely manner.

2. Scope

This policy and associated procedures apply to all workplace issues involving CIT employees. Issues raised by students or members of the community are managed in accordance with the Students and Community Member Complaints Policy.

3. Principles

3.1 CIT is committed to building a positive workplace culture in line with the ACTPS Code of Conduct; however, it is recognised that issues between employees can arise in the workplace.

3.2 CIT has a positive duty under the Work Health and Safety Act 2011 and Sex Discrimination Act 1984 to eliminate, as far as reasonably practicable, bullying and sexual harassment. Issues defined by these behaviours will have added requirements outlined in their respective standalone policies.

• 3.2.1 Bullying and Harassment Prevention Policy.
• 3.2.2 Sexual Misconduct Policy.

3.3 The most effective way to resolve general workplace conflict or concerns is promptly at the local level.

• 3.3.1 People and Culture maintain relevant resources and advice available to employees and managers at CIT Workplace Behaviours (CIT access only). Whole of government resources are also available at Resolving Workplace Issues (ACTPS Employment Portal).
• 3.3.2 Employees may also seek out support and advice from their relevant union or the Fair Work Ombudsman.

3.4 An employee may report any matter by:

• 3.4.1 Directly raising it with line manager or higher-level manager if necessary.
• 3.4.2 Contacting People and Culture via email HumanResources@cit.edu.au or the Complaints Form.
• 3.4.3 Where a Work Health and Safety (WHS) incident has been reported through the ACTPS Safety Portal, and an element of inappropriate behaviour is identified in the incident, People and Culture will be advised by the WHS team.

3.5 Supervisors and managers may also witness or become aware of concerns without anyone involved reporting the matter. In this event, managers have a professional responsibility to appropriately address the matter.

• 3.5.1 All matters will be managed in line with the Resolving Staff Workplace Issues Procedure and assessed for their risk level and assigned a Workplace Issue Manager.

3.6 The Workplace Issues Manager will acknowledge the matter by advising the complainant of:

• 3.6.1 The process to be undertaken.
• 3.6.2 Expected timeframes.
• 3.6.3 The employee’s likely involvement in the process.
• 3.6.4 The possible outcomes from the process.
• 3.6.5 Consistent with the Resolving Staff Workplace Issues Procedure, all low-risk matters will be resolved at the local level and keeping a formal record of the matter is advised. If a low-level matter has not been satisfactorily addressed or resolved at the local level, the complainant may request that the Workplace Issue Manager escalate the matter to the next risk level. People and Culture are available to advise and support the Workplace Issues Manager and complainant as necessary.

3.7 Moderate to high-risk matters (or low-level matters referred to People and Culture) will be managed in line with the relevant Enterprise Agreement and recorded in the Complaint Handling System coordinated by People and Culture.

3.8 The following principles should be applied to the management of all matters under this policy:

• 3.8.1 All parties involved in a matter will be treated respectfully and in accordance with the values and general principles of the ACTPS Code of Conduct.
• 3.8.2 All issues raised will be treated seriously.
• 3.8.3 Natural justice/procedural fairness will apply to the complainant and the respondent. This requires that:
  • 3.8.3 (a) All parties are given an opportunity to be heard.
  • 3.8.3 (b) Respondents will be appropriately informed of any allegations made against them.
  • 3.8.3 (c) Decision makers act without bias or self-interest.
  • 3.8.3 (d) Decision makers will base their decisions on evidence that is relevant and factual.
• 3.8.4 The Workplace Issues Manager will keep all parties informed as management of the matter progresses and
• 3.8.5 will provide notice once the matter has concluded. Due to employee privacy requirements, not all details of the process or outcomes may be able to be discussed with the parties involved.
• 3.8.6 Consideration will be given to the wellbeing of complainants and respondents in the timing of the provision of information.

3.9 All workplace issues will be managed so the privacy of all parties is respected, and information is only shared as appropriate. However, in the interests of natural justice and procedural fairness total confidentiality cannot be guaranteed. Anonymous workplace issues will be addressed though options for resolution may be limited.

• 3.9.1 People and Culture will report to the Executive Management Committee quarterly on all issues raised and recorded in the Complaint Handling System.

4. Documentation

CIT Enterprise Agreement and Policies

• ACTPS CIT Educators Enterprise Agreement 2023-2026
• ACTPS Canberra Institute of Technology Enterprise Agreement 2023-2026
• Bulling and Harassment Prevention Policy
• Privacy Policy
• Sexual Harassment Policy
• Workplace Health and Safety Arrangements Policy

ACTPS Policies

• ACT Public Sector Management Standards 2006
• Code of Conduct
• Guidelines to the Misconduct Process
• Integrity Framework
• Reportable Conduct Policy
• Resolving Workplace Issues (ACTPS Employment Portal)
• Respect, Equity and Diversity Framework

Legislation

The following ACT and Commonwealth legislation may be applicable to resolving workplace issues.

• Work Health and Safety Act 2011 (ACT)
• Public Sector Management Act 1994 (in particular section 6 and 9 of the Code of Conduct);
• Discrimination Act 1991 (ACT)
• Human Rights Act 2004 (ACT)
• Ombudsman Act 1989 (ACT)
• Public Interest Disclosure Act 1994 (ACT)
• Fair Work Act 2009 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Human Rights Commission Act 1986 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Children and Young People Act 2008 (ACT)
• Privacy Act 1988 (Cth)
• Higher Education Support Act 2003 (Cth)
• The Safety, Rehabilitation and Compensation Act 1988 (Cth)
• Territory Records Act 2002 (ACT)

ACT legislation is available from ACT Legislation Register (www.legislation.act.gov.au).

Commonwealth legislation is available from the Federal Register of Legislation (www.legislation.gov.au).

5. Definitions

All terminology used in this policy is consistent with definitions in the CIT Definitions of Terms.

6. Policy Contact Officer

For more information about this policy, CIT staff can contact humanresources@cit.edu.au.

Students can contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for general information.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.

7. Procedures

This policy is implemented through the associated procedures. Authority to make changes to the procedures rests with the policy owner.