Staff and educator grievance policy.
How concerns and grievances raised by staff or educators are handled fairly, confidentially, and promptly.
The safety, rights and best interests of children are our paramount consideration in all decisions and actions.
At Eikoh Seminar we seek to promote equitable and fair workplace employment practices. We aim to foster positive relationships between all educators, staff, volunteers and management. Every employee has the right to a harmonious and supportive working environment.
Grievances can occur in all workplaces and handling them properly is important for maintaining a safe, healthy, harmonious and productive work environment. Documented grievance procedures are important because:
staff and visitors need to know a process exists for receiving and managing grievances and complaints fairly, impartially, promptly and thoroughly.
they help to ensure small issues or conflicts do not escalate.
supervisors and managers need to be aware of issues causing conflict.
documentation provides evidence and a record of the grievance and the outcome.
complaints facilitate continuous improvement of Service operations.
Our grievance policy explains how employees can voice their complaints in a professional and constructive way to ensure a positive working environment for the team.
Solutions will be sought to resolve all disputes, issues or concerns in a transparent, fair and positive manner which recognises the importance of:
Procedural fairness and natural justice
Code of Ethics and Code of Conduct
A service culture free from bullying, discrimination and harassment
Confidentiality
Bullying, Harassment and Discrimination against an employee or group of employees will not be tolerated by EIKOH Seminar Australia P/L. (Please see attached to this policy definitions of what constitutes bullying, harassment and discrimination)
Where a complaint or concern is about child safety, child protection and wellbeing, staff and families should refer to the centres Child Protection Policy and Child Safe Policy and follow the procedures for making reports.
Procedure
These guidelines explain the procedure for reporting and managing grievances, the roles and responsibilities of educators, staff and managers and the potential consequences of breaching our Policies, Procedures and Code of Conduct.
All grievances should be submitted in writing using the form attached to this policy.
Employees are encouraged to talk to each other to resolve their problems in a professional manner at an appropriate time away from the children. The educator/staff member should endeavour to resolve the grievance with the concerned parties, and never by involving other educators, staff, volunteers, or visitors (e.g., parents).
Both parties should try to resolve the issue and develop solutions to ensure the problem does not happen again. Discussions should remain private, confidential, respectful and open-minded.
If the grievance cannot be resolved by the involved educators, the educator/staff member should then raise the issue with the Centre Director.
The Centre Director will talk with the educator/ staff member to ensure that the matter is understood completely by both the educator/ staff member and the Centre Director. The Director may offer some solutions or may ask the educator/ staff member to complete a written complaint form. Employees should provide all relevant information, including what the issue is, any other person involved in the issue and any suggested solution. Educators are encouraged to communicate openly about the issue with the Centre Director or Senior Management.
The Centre Director will then investigate the matter and organise mediation procedures, arranging a formal meeting if required. Senior Management will be informed of the situation.
During a mediation meeting, educators/ staff members are entitled to have a support person present. To maintain confidentiality, the support person should not be another employee. The person must also not be a lawyer acting in a professional capacity. The support person is not able to advocate or answer on the employee’s behalf.
If the matter cannot be resolved within the service by the Centre Director, the grievance may be referred to the Senior Director or General Manager. Outside agencies may also be engaged if deemed appropriate by management.
If the grievance or conflict involves the Centre Director, then the matter will be referred to the Senior Director or General Manager.
If the grievance or conflict involves the Senior Director or General Manager, then the matter will be referred to the Approved Provider.
The Centre Director, Senior Director, General Manager or Approved Provider will properly, fairly, confidentially and impartially investigate the issue including thoroughly investigating the circumstances and facts and inviting all affected parties to provide information or respond where appropriate. To encourage teamwork and respect, the issue may be discussed at an educator meeting if the privacy of the people involved can be protected.
As a part of the investigation, appropriate records of the investigation and outcome will be kept, and those records will be stored in accordance with our Privacy and Confidentiality Policy and Record Keeping and Retention Policy. Unsubstantiated complaints against educators/staff may be retained on file if the person has been given the opportunity to record a comment on the documentation.
Grievances involving suspected or actual unlawful activity (including discrimination against or bullying of employees, and alleged/ suspected child abuse) will be raised immediately and privately with the Centre Director, Senior Director, General Manager or Approved Provider.
Educators and staff members will not raise complaints/ grievances with an external complaints body, such as a court or Tribunal, without using our grievance policy, procedures and appeal process first. (Please note that a person may report alleged/ suspected child abuse by the Approved Provider directly with the Children’s Guardian).
Once the investigation is complete, recommendations to resolve the matter and avoid further issues will be given to the relevant parties. This may be through a letter or email. If the resolution of the complaint involves a written agreement, all parties must agree of the wording etc. Appropriate disciplinary action will be taken if required against relevant parties. Educators should be confident that their concerns will be thoroughly investigated, but aware that the outcome may not result in the action requested.
Outcomes may include
an apology and a commitment that certain behaviour will not be repeated (monitoring this over time)
education and training in relevant laws, policies or procedures (e.g., bullying awareness, leadership skills)
assistance in locating relevant counselling services
disciplinary procedures including a verbal or written warning, termination of employment or transfer to a different position at the Service
ensuring any inequality or inequity is remedied
providing closer supervision
modifying Service policies and procedures
developing new policies and procedures.
When resolving grievances, consideration will be made of our service’s policies and procedures as well as the Education and Care Services Regulations, Education and Care Services National Law and relevant workplace regulations.
Outcomes will take into consideration relevant industrial relations principles and guidelines and make provision for procedural fairness. The Centre Director, Senior Director, General Manager or Approved Provider will consider:
the number of complaints (or breaches)
the opportunities given to adhere to a policy or procedure and/or change behaviour.
the opportunities given to respond to the allegations.
the seriousness of the complaint (or breach), and whether it impacted the safety and welfare of other employees, volunteers or visitors.
whether a policy, procedure or complaint is reasonable.
Following on from the outcome of the investigation the Centre Director, Senior Director, General Manager or Approved Provider will:
monitor ongoing behaviour and provide support as required
ensure the parties are protected from victimisation
Consider an external review by a Tribunal or alternate organisation where employees, visitors and volunteers are unhappy with the outcome of the grievance procedure, if this is deemed appropriate by Senior Management. Workplace bullying matters may be referred to the Fair Work Commission which can direct employers to take specific actions against workplace bullies or the Work Health and Safety (WHS) Regulator which may investigate whether WHS duties have been contravened
track complaints to identify recurring issues within the Service
notify the regulatory authority within 24 hours if a complaint alleges the safety, health or wellbeing of a child is being compromised. Refer to the Incident, Injury, Trauma and Illness Policy (HSPOL 26).
Complaints that must be notified to Regulatory Authority.
The Approved Provider or Nominated Supervisor will notify the regulatory authority through the online NQA ITS:
within 24 hours of any complaints alleging that a serious incident has occurred or is occurring while a child was or is at the service
within 24 hours of any complaints that the National Law has been breached
within 24 hours of any allegation that physical or sexual abuse of a child has occurred or is occurring while the child is at the service.
Re-establishing Positive Workplace Relationships
Once the workplace grievance has been resolved, it is everyone’s responsibility to work together to restore the relationship and a positive, harassment free environment.
Although the grievance may have been resolved, the circumstances surrounding it may continue to have effects on morale and productivity. There may be grievances which as a result of an investigation, it is found that a complaint was made in good faith but was nevertheless unsubstantiated. In these cases, the complainant’s distress may nonetheless be genuine, or the specific complaint may be a symptom of other problems in the work area.
To resolve these situations Centre Directors can arrange information or training sessions on techniques to improve communication, understanding and cooperation in the workplace. Appropriately qualified providers should deliver this training. Centre Directors and Senior Management will also ensure that all employees in the workplace are aware of support services that are available and encourage them to use these services if they feel the need to.
Sources
Education and Care Services National Regulations National Quality Standard
Centre Support
DJMIR Early Years Learning Framework V2.0 2022
Dealing with Employee Work-related Concerns and Grievances Policy and
Guidelines: NSW DPC
Fair Work Act
Fair Work Ombudsman https://www.fairwork.gov.au
This policy is the property of Eikoh Seminar Australia Pty Limited and must not be reproduced without the consent of management.
Roles and responsibilities
All staff, volunteers, students and families must understand our Grievance Policy and their role and responsibilities in keeping children safe and cared for.
| Responsibilities | Role |
|---|---|
| Ensure our service meets its obligations under the Education and Care Services National Law and Regulations, including to take every reasonable precaution to protect children from harm and hazards likely to cause injury, and to ensure that children are adequately supervised at all times they are in our care. | Approved Provider Nominated Supervisor |
| Ensure the name and contact number of the person to whom complaints can be made is clearly displayed and placed in a prominent position | Approved Provider |
| Ensure that the regulatory authority is notified in writing within the prescribed period of time of any serious incidents at the service as prescribed in the national regulations; complaints regarding the safety, health or wellbeing of a child or children; the contravention of National Law; any change relevant to an assessment of fitness and propriety; or any other prescribed information. | Approved Provider |
Ensure that our service has child-focussed policies and procedures in place for (among others):
I.e., among other relevant policies and procedures, this Policy, our Child Protection Policy and Child Safe Policy need to be in place. Ensure our service’s operations, practices, policies and procedures comply with NSW Child Safe Standards | Approved Provider |
Take reasonable steps to ensure that nominated supervisors, staff and volunteers follow, and can easily access, this Policy, including by:
The Policy must also be available for inspection. | Approved Provider (ultimate responsibility) Nominated Supervisor |
Notify families at least 14 days before changing this Policy if the changes will:
| Approved Provider |
| Implement this Policy | Approved Provider Nominated Supervisor |
| Be aware of legal obligations, and understand and follow this Policy | Educators Volunteers |
| Ensure that procedures are appropriate in practice to our service, identify any potential improvements to make to this Policy. Report any issues to the appropriate staff member (either approved provider, nominated supervisor, or educators). | Approved Provider Nominated Supervisor Educators and Other Staff Families |
| Ensure our service meets its reporting obligations for children’s safety and well-being under state/territory/national laws and regulations (see also Child Protection Policy) | Approved Provider (ultimate responsibility) Nominated Supervisor |
| Discuss any grievances with the person/s making a complaint and take accurate and full records | Approved Provider Nominated Supervisor |
| Approved Provider Nominated Supervisor |
| Educators and Other Staff |
| Families |
Definitions from Fair Work Ombudsman https://www.fairwork.gov.au
Bullying & harassment
Everyone has the right not to be bullied or harassed at work.
What is bullying?
A worker is bullied at work if:
a person or group of people repeatedly act unreasonably towards them or a group of workers.
the behaviour creates a risk to health and safety.
Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.
Examples of bullying include:
behaving aggressively
teasing or practical jokes
pressuring someone to behave inappropriately.
excluding someone from work-related events or
unreasonable work demands.
What isn't bullying?
Reasonable management action that's carried out in a reasonable way is not bullying.
An employer or manager can:
make decisions about poor performance.
take disciplinary action.
direct and control the way work is carried out, including allocation of work hours.
Management action that isn't carried out in a reasonable way may be considered bullying.
How is bullying different to discrimination?
Discrimination happens when there's 'adverse action'.
Adverse action includes firing or demoting someone because of a person's characteristics, like their race, religion or sex.
Bullying at work happens when:
a person or group of people repeatedly act unreasonably toward a worker or a group of people workers
the behaviour creates a risk to health and safety.
This behaviour doesn't have to be related to the person (or group's) characteristics. Adverse action doesn’t have to have happened.
Discrimination occurs in the workplace when an employer takes adverse action against an employee or prospective employee because of a protected attribute.
What are the protected attributes?
Protected attributes under the Fair Work Act include:
race
colour
Gender
sexual orientation
age
physical or mental disability
marital status
family or carer's responsibilities
pregnancy
religion
political opinion
national extraction
social origin.
What is adverse action?
Adverse action includes doing, threatening or organising any of the following:
firing an employee
injuring the employee in their employment, e.g., not giving an employee legal entitlements such as pay or leave
changing an employee's job to their disadvantage
treating an employee differently than others
not hiring someone
offering a potential employee different and unfair terms and conditions for the job compared to other employees.
This policy is the property of Eikoh Seminar Australia Pty Limited and must not be reproduced without the consent of management.
Staff Comment/ Complaint Form
Date: _____________________________
Staff Name: ________________________
Centre: ____________________________
Position: ___________________________
Please outline your concern/complaint including the incident, date, time and any witnesses present:
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Suggestions for Solutions:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Staff Signature: ________________________________
Follow Up:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Centre Director Signature: __________________________
General Manager/ Approved Provider been notified? _____________ Date Notified: ________________
Kinya Yumoto, Approved provider
66 Denman Pde, Normanhurst NSW 2076
T: (02) 9487 5174
NSW Early Learning Commission
Address: Locked Bag 5107, Parramatta NSW 2124
Email: information@earlylearningcommission.nsw.gov.au
Website: NSW Early Learning Commission
education.nsw.gov.au/early-childhood-education/regulation-and-compliance
Phone: 1800 619 113
Fax: (02) 8633 1810
Child Protection HELPLINE: 132 111