Resolving Staff Workplace Issues Policy

1. Purpose

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

CIT aims to eliminate discrimination, bullying and harassment in the workplace and encourages all staff to report conduct that is discriminatory, coercive, misleading, and/or threatening.

This policy also identifies relevant legislation and related documents that must be adhered to in the management of all workplace issues.

2. Scope

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

3. Principles

CIT is committed to building a positive workplace culture, however it is recognised that issues between employees can arise in the workplace.

The most effective way to resolve complaints and concerns is at the local work area and to do so quickly. CIT’s Human Resource and Organisational Development team can provide advice and ways to manage workplace issues in accordance with the relevant Enterprise Agreement.

If a matter has not been satisfactorily addressed or resolved at the local level, staff can email to the Executive Director, Corporate Services, who will coordinate the handling of unresolved issues beyond this point.

Throughout the entire issue resolution process the following principles should be applied:

1. All parties involved in identifying and resolving a workplace issue will be treated respectfully and in accordance with the values and general principles of the ACTPS including the RED (Respect, Equity and Diversity) Framework;
2. All issues raised will be treated seriously;
3. Natural Justice/Procedural Fairness will apply to the complainant and respondent for all issues raised. This requires that:
   - individuals are given an opportunity to be heard;
   - individuals will be informed of any allegations as appropriate;
   - decision makers act without bias or self-interest; and
   - decision makers base their decisions on evidence that is relevant to the facts in issue, i.e. all relevant matters are considered when reaching a recommendation/decision and irrelevant matters are not given weight in reaching a decision.
4. The complainants and respondents will be kept informed of progress on the matter. This will include:
   - Provision of a clear description of the issue that is being addressed;
   - Information relating to the progress of the matter; and
   - A statement in relation to outcome at the conclusion of the process.
5. Consideration will be given to the well-being of complainants and respondents in the timing of the provision of information.
6. All workplace issues will be managed in accordance with The Privacy Act 1988. This means that the privacy of all parties is respected and information is only shared on a need to know to basis. However, in the interests of natural justice and procedural fairness total confidentiality cannot be guaranteed at all times.
7. Anonymous workplace issues will be addressed though there may be limited outcomes for issues raised this way.

4. Documentation

CIT Enterprise Agreement and Policies

• CIT Enterprise Agreements (the enterprise agreement outlines specific processes and procedures for managing workplace behaviours).
• Bulling and Harassment Prevention Policy
• Equity and Diversity Policy
• Workplace Health and Safety Arrangements Policy

ACTPS Supporting Guides and Policies

• WorkSafe Workplace Violence Information for workplaces where people may be exposed to physical assault, verbal abuse, threats or intimidation WorkSafe ACT.
• WorkSafe ACT Codes of Practice Work Health and Safety (Preventing and Responding to Bullying) Code of Practice 2012 (No 1) - Notifiable instrument NI2012–219 made under the Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)
• Integrity Policy
• Respect At Work Policy
• ACTPS Respect, Equity and Diversity Framework
• Preventing Work Bullying Guidelines
• Open Door Protocol Guidelines
• ACTPS  Code of Ethics 2010
• Code of Conduct
• ACT Public Sector Management Standards 2006

Legislation

The following ACT and Commonwealth legislation must be adhered to where required:

• 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 (Commonwealth)
• Sex Discrimination Act 1984 (Commonwealth)
• Human Rights Commission Act 1986 (Commonwealth)
• Racial Discrimination Act 1975 (Commonwealth)
• Disability Discrimination Act 1992 (Commonwealth)
• Age Discrimination Act 2004 (Commonwealth)
• Children and Young People Act 2008 (ACT)
• Privacy Act 1988 (Commonwealth)
• Higher Education Support Act 2003 (Commonwealth)
• The Safety, Rehabilitation and Compensation Act 1988 (Commonwealth)
• 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

Senior Director, Human Resources and Organisational Development.

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.