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Principles of Grievance Handling
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The fundamental principles of grievance handling found in UTS policies and procedures reflect best practice in grievance handling.
These principles are:
1. Principles of procedural fairness include:
- A fair and impartial process
- The grievant should be informed of the process and the implications of making a formal/written complaint before proceeding
- The person against whom a complaint is made (the respondent) has the right to know details of the complaint against them
- The respondent has the right to put their side
- Before they respond, the respondent has a right to know the implications for them in terms of disciplinary action if the complaint is proven
- The grievance handler should be fair, impartial and unbiased in their investigation. If there is a conflict of interest the matter should be referred to another grievance handler or internal unit.
Principles of substantive fairness include:
- The grievance handler should not assume guilt. They should determine that the complaint is substantiated only after hearing from
both/all sides, checking other relevant evidence, and taking into account any mitigating circumstances.
2. Principles of confidentiality include:
- A grievant should be able to raise a complaint and get advice in confidence
- A complaint should not be referred elsewhere, formally investigated, or discussed with others without the grievant's consent
- You cannot act on an anonymous grievance (except in relation to allegations of child abuse or corruption)
- Generally, procedural fairness requires that the respondent knows who has lodged the grievance
- You must ensure confidentiality of records
3. Principles of timeliness include:
- Delays at any stage of the grievance procedure can result in a denial of procedural fairness
- Delays determining the grievance can be critical in any appeal
- Delay in addressing issues in a complaint can lead to the exacerbation of the situation, a continuation of the problem, a worsening of the relationship between the parties involved, and increased distress for all parties
- Delays can also result in more time being expended in dealing with a grievance once action is taken because the situation has escalated
4. Principles of record keeping include:
- You must keep records to avoid relying on your memory about details of allegations, responses and actions
- Records can be used for statistical purposes to identify systemic problems
- Records can substantiate procedural fairness in the event of an appeal against process or outcome of grievance investigation
- If the allegations are complex or serious, record the complaint, the response, the evidence of witnesses and ask the parties to sign
5. Principles of transparency are related to procedural fairness, and include:
- Effective implementation of UTS policies and procedures
- Effective communication to all parties about relevant policies and procedures
- Effective communication to all parties of the outcome, of reasons for the outcome and, where appropriate, the evidence which was relied upon
- Principle of openness, honesty and fair dealing
- Fair and accurate reporting if the case is referred to internal units or more senior managers
- Fair and accurate reporting particularly where disciplinary action is likely to result
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