Grievance Procedure

1.  Purpose 

At Orange Sky we make all necessary efforts to foster a workplace where there is zero tolerance of discrimination, harassment, bullying behaviour or unfair treatment at all times.

The purpose of this policy is to outline Orange Sky’s procedure should staff members or volunteers experience or witness unacceptable or unlawful behaviour in the workplace or on shift. This includes acts of discrimination, harassment, bullying behaviour or unfair treatment and a breach of policy or legal obligation that applies to our organisation.

This policy should not be confused with issues and incidents relevant to the operations of Orange Sky which occur on shift e.g. near misses, equipment breakdown, work injuries, property damage, workplace health and safety issues or other issues concerning interactions with our friends. These issues are dealt with under the Risk Assessment and Incident Reporting Policy.

2. Scope 

This policy applies to all employees and volunteers of Orange Sky.

3. Policy

Employees and volunteers can report grievances when:

• they have been victims of discrimination, harassment, bullying behaviour or poor/unfair treatment;

• they have witnessed discrimination, harassment, bullying behaviour or poor/unfair treatment;

• policy guidelines are violated;

• their health and safety has been compromised;

• there is a dispute between employees, volunteers, suppliers, partners and/or management.

This policy applies whenever and wherever employees and volunteers are at work or on shift, even if outside ordinary business hours or away from the usual place of work such as off-site events; conferences; stakeholder engagements; organisational social events; or team celebrations.

Should inappropriate behaviour occur, the grievance procedure is in place to resolve complaints or concerns.

4. Informal Procedure

We encourage all employees and volunteers to try and resolve issues arising from unacceptable workplace behaviour directly with the relevant parties in the first instance.

If an employee or volunteer is concerned about another person’s behaviour, and are comfortable to do so, we encourage them to raise the concern in good faith directly with that person. It is important to make all efforts to resolve the concern with the other person in a respectful, constructive and reasonable way, that reflects our values and Orange Sky person characteristics.

It is expected that the parties involved agree on a reasonable way of resolving the concern, to which the grievance will be closed.

If the employee or volunteer is unable to raise the concern directly with the person, they may speak to their Manager; Service Leader; Service Coordinator; another Manager at Orange Sky; an appointed contact officer (details below); or the People & Engagement team on a confidential basis to discuss how best to deal with the situation.

Managers have an obligation to take appropriate action should a person raise concerns about discrimination, harassment, bullying behaviour or unfair treatment. If an employee or volunteer asks that no action be taken, a manager is still required to consult with the People & Engagement team confidentially and promptly, to ensure appropriate and timely advice is provided to support reasonable management action.

5. Formal Procedure

If an employee or volunteer has attempted to resolve the matter but has been unable to reach an agreed solution; or believes their physical or psychological safety is at risk, they can raise their grievance directly and confidentially with the People & Engagement team either in person or via the People & Safety Work Request Form for employees or the Issue Resolution Form for volunteers.

The People & Engagement team will conduct an investigation in a way which is suitable in the circumstances.  This may result in following an informal process, or a formal process, depending on the situation.

If a formal process is deemed necessary, the employee or volunteer will need to provide a formal complaint in writing to the People & Engagement team by completing the Workplace Grievance form.

In responding to written grievances, the People & Engagement team will:

• Ensure that employees and volunteers remain safe at work at all times;

• Advise employees and volunteers of the processes to be expected;

• Offer the Volunteer & Employee Support Program (VESP); and

• Advise employees and volunteers who will be their point of contact during the process and resolution of the grievance. 

The People & Engagement team will conduct a formal investigation and will collate information about the complaint which could include interviewing other parties.

Depending on the nature of the grievance, confidential, external advice may be sought for example, from an industrial lawyer. A finding will be based on the available information and will determine possible outcomes of the investigation which may include, but will not be limited to, any combination of the following:

• Counselling;

• Disciplinary action (e.g. demotion, transfer, suspension, probation or dismissal);

• Official warnings that are noted on the employee/volunteer file;

• Formal apologies and an undertaking that the behaviour will cease;

• Conciliation/mediation conducted by an impartial third party where the parties to the complaint agree to a mutually acceptable resolution;

• Re-crediting any leave taken as a result of the harassment;

• Disciplinary action against the person who complained if there is strong evidence that the complaint was vexatious or malicious;

• Educate and remind all employees and volunteers of their obligations and responsibilities in relation to providing a workplace free from discrimination, harassment, bullying behaviour or unfair treatment.

On completion of the investigation, all parties will be informed about the investigation findings and the outcome of the investigation, as appropriate and in line with confidentiality obligations.

All parties involved need to ensure they maintain the appropriate degree of confidentiality in the matter.

6. Whistleblower Policy

If for any reason an employee or volunteer does not feel comfortable following the above procedures, a report can be made through the Whistleblower Policy.

7. External Bodies

Orange Sky may elect to manage the entire process or any part of it internally or engage an independent external third party to assist in any aspect of the formal investigation process.

Some forms of harassment (e.g. sexual assault, stalking, indecent exposure, physical molestation, obscene phone calls) may constitute criminal conduct and could result in immediate dismissal.

Such complaints should be dealt with by the relevant authorities (e.g. police) as part of the criminal justice system.

8. Contact Officers

9. Revision

Orange Sky may make changes to this policy from time to time to improve the effectiveness of the organisation’s operation, or to reflect any changes in legislation.