Options for Resolving Concerns
If you have concerns regarding discrimination, harassment, sexual harassment, bullying, victimisation or vilification, there are a number of options to deal with your concerns.
Before using these options or during the process of using these options, you can seek support and more information from:
- Your manager Where appropriate, you should try to speak to your manager about your concerns. Your manager will have received training on workplace issues and grievances.
- A Discrimination & Harassment Advisor Discrimination & Harassment Advisors are available as a first point of contact for people who need support and information. Advisors will act impartially and confidentially.
- Human ResourcesHR Consultants are also available to talk to you about your concerns.
- Employee Assistance Program (EAP)EAP is a free and confidential counselling service.
The University has a Staff Grievance Policy which contains a number of options for dealing with these types of concerns including:
- Self-management
- Informal grievance process
- Formal grievance process
These options can be used in combination, on their own, or as a step-by-step approach to resolution.
Self-management
This involves a clear and polite request for the behaviour to stop. This request can be made to the person involved or their manager or supervisor. Telling someone that you find their behaviour inappropriate can be an effective way to resolve some complaints. This is particularly the case when bullying, harassment or discrimination is caused by ignorance or insensitivity rather than malice.
The following steps may help in approaching the person:
- Stay calm and polite – by staying calm and polite, you are more likely to communicate and be heard clearly and avoid making the other person feel that they are being attacked personally.
- Focus on the behaviour not the person – by focusing on the behaviour rather than the person, the person can change their behaviour without having to lose face or admit they were ‘wrong’.
- Indicate the effect of the behaviour on your feelings – indicating the effect of the behaviour, for example on your feelings, avoids any implied accusation that the person knew they were being offensive.
- Include a clear request that the behaviour not happen again. Ask for agreement or at least acknowledgement that you have been heard – making a clear request and then seeking acknowledgement is a simple form of agreement or contract; a contract that can be referred to later if the offensive behaviour re-occurs.
Not all matters can be self-managed. Self-management may not be appropriate if:
- It puts you at risk
- It has already been tried, without success
- The problem is more about group behaviour than a specific individual
Informal grievance process
If you have tried to self-manage your concerns without success or feel self-management is not appropriate, you may like to use the informal grievance process set out in the Staff Grievance Policy.
An informal grievance is generally lodged with the person’s manager or another senior staff member in the department. This can be done verbally or in writing. The other person is provided with details of the concerns and has 5 days to respond. If the matter is not resolved it may be referred to an informal conciliation.
The aim of informal conciliation is for both parties to table their concerns and response and to reach an agreement or understanding acceptable to both parties. The conciliation may be facilitated by your manager, HR or an external, independent conciliator. The parties can bring a support person to the conciliation.
If the matter is not resolved at conciliation, either staff member can make a request to the HR Director that it proceed to the formal grievance process.
Formal grievance process
To lodge a formal grievance, a staff member is required to put their complaint in writing to the HR Director. Formal complaints generally follow a 2 step approach: (1) Conciliation and (2) Investigation. The HR Director can determine if a complaint should go straight to investigation.
Once a written complaint is lodged with the HR Director, it will be forwarded to the other party. The HR Director will consult with the parties to determine if they are agreeable to conciliation and a conciliator will be appointed who will work with the parties to try and achieve a resolution.
If conciliation is not successful, either party can request an investigation. An investigator will interview the parties and witnesses and provide a report with their findings and recommendations. If the complaint is substantiated, further action may be taken including disciplinary action. If the complaint is not substantiated and found to be vexatious, further action may also be taken by the University.
