The Institute of Managers and Leaders (IML) is committed to ensuring a harmonious, fair and just environment by ensuring that all staff have access to processes that allow for grievances, disputes, problems and complaints to be resolved.

Scope This policy applies to:

  • IML Members
  • IML Employees
  • Consultants and Individual Contractors undertaking services for IML
  • Board and Committee Members.

These categories will collectively be referred to as “IML Associates” in this document. Application This policy is effective from August 2018 and replaces all previous IML, AIM or related policies from this date.

Document Control and Policy Owner: Samuel Bell – Chief Executive Officer

Policy

IML is committed to ensuring a harmonious, fair and just environment by ensuring that all IML Associates have access to processes that allow for grievances, disputes, problems and complaints to be resolved.

All IML Associates have an obligation and responsibility to proactively promote an environment free from bullying and intimidation. All grievances will be dealt with in a supportive environment without victimisation or intimidation of anyone connected with the grievance either during or subsequent to a grievance resolution procedure.

  • IML approach to grievance resolution emphasises
  • Fairness and impartiality
  • Conciliation
  • The principles of natural justice and procedural fairness
  • Resolution of grievances as early as possible and as close as possible to the source.

The following procedures arise from this policy dealing specifically with grievances related to workplace discrimination or other matters. They apply to all IML associates and cover disputes, grievances and problems affecting the IML environment such as:

  • Grievances over working or Membership arrangements, decisions or conditions affecting the complainant. For staff this may, for example, involve grievances over individual workload allocation
  • Bullying, psychological abuse, abuse of power or coercive management practices
  • Occupational violence
  • Interpersonal grievances, e.g. between Members
  • Harassment and discrimination, for example on racial or sexual grounds
  • Behaviour inconsistent with that required by IML Code of Conduct

IML grievance resolution policy and procedures is based on the following principles, these principles include:

  • Informal and early resolution of grievances is encouraged
  • Where required, conciliation of grievances will be undertaken by relevant Managers to assist parties to reach agreement, where possible
  • It is the primary responsibility of Managers to take all reasonable steps to prevent and resolve grievances in their areas of responsibility. Managers need to recognise the early signs of disharmony in their teams and membership base and to take early, sensitive and positive steps to prevent and resolve grievances between their staff. Managers should not wait until someone makes a complaint before taking action. If a complaint is made, it is the Manager’s responsibility to seek to resolve the issue
  • The parties involved in the grievance must participate in the grievance resolution process in good faith
  • The grievance resolution process will be conducted as expeditiously as possible and in accordance with the agreed time frame specified within each procedure
  • The procedures will be applied fairly with integrity and flexibility
  • All persons are to be treated with respect and impartiality, and provided with support at all stages of the process
  • Confidentiality will be respected and maintained at all times within the constraints of the need to fully investigate the matter, subject to any legal requirements for disclosure and consistent with the principles of natural justice
  • IML may take action against vexatious or frivolous complaints. Any person found to have made such a complaint might be subject to IML disciplinary procedures
  • A complaint that is made in good faith is not a vexatious complaint, even if the complaint is not eventually substantiated

The principles of natural justice and procedural fairness will be observed.

  • The person who is the subject of concern must be informed of all the allegations in relation to his/her behaviour
  • He/she must have a full opportunity to put his/her case
  • All parties to the complaint must have the right to be heard
  • All relevant submissions and evidence must be considered
  • Irrelevant matters must not be taken into account
  • The decision-maker must be impartial, fair and just

Before initiating any action under the grievance resolution procedures referred to above, a complainant is advised to seek information and support in relation to these procedures from the relevant manager. He/She will guide complainants to the appropriate procedures. If it is found that the procedures initiated are not appropriate to the grievance, IML has the right to determine under which of its procedures the grievance will be handled. Where this occurs IML will advise the complainant of the procedures under which the grievance will be handled.

IML Associates are encouraged to resolve grievances between themselves, where possible.

Common to the procedures for dealing with workplace discrimination and employee related grievances is the three-level grievance resolution process available within IML for IML Associates. The three-level process emphasises the resolution of the issue at the lowest possible level. The three-level process is summarised below:

Level 1 – Informal Complaint – Early conciliation

Level 2 – Formal Complaint – Further Conciliation and/or Investigation

Level 3 – Formal Complaint – Mediation

IML Associates are not obliged to have to begin any grievance process at Level 1 – it is open to them to commence the process at either Level 2 or Level 3, however they are encouraged to first try to resolve their concerns using the process at Level 1.

Level 1 – Informal Complaint – Early Conciliation

An informal complaint is based on an IML Associate’s dissatisfaction with some aspect of employment the employee considers being inappropriate, harmful, or unfair.

Employee concerns and dissatisfactions should be addressed expeditiously and at the lowest supervisory level possible. Any complaint against a supervisor should be addressed to one of the Managers or the HR Manager. An employee and supervisor should make every effort to resolve problems informally through discussion and consultation. Employees may at any time consult with the Manager, if informal efforts do not resolve the problem to the satisfaction of the employee, the employee may file a formal grievance.

Level 2 – Formal Complaint – Further Conciliation and/or Investigation

The formal grievance process is initiated by filing a written grievance with the relevant General Manager/ Membership Development & Strategy (MDS) Committee Member/ Board Member/ CEO, Manager or Human Resources. Formal grievances must be filed in a reasonable period of time after the action being complained of or after the matter has been discussed through informal channels.

Investigation: The relevant (Membership & Strategy Committee Member- Member) or (General Manager / CEO – Staff) Manager or HR Manager will designate an independent consultant or other appropriate person to investigate the grievance by: a) Interviewing the IML Associate, b) Interviewing the individual(s) who allegedly committed the acts complained of, and c) Interviewing any witnesses.

A person who has been interviewed may be asked, but is not required, to sign a written statement summarising the interview and may modify the statement to correct inaccuracies or omissions. If an interviewee does not sign a written statement, the interviewee’s statements may be given lesser weight in the investigation.

An investigation should ordinarily be completed within 30 days of the complaint.

Investigation Report: After completing the investigation, the investigating official will prepare a written report summarising the facts obtained and stating a finding based on the greater weight of the evidence. The investigating official will provide a copy of the report to the relevant person (General Manager and CEO – for staff; or MDS Committee for Members or other appropriate party) who will decide if the findings are to be accepted and what if any recommendations are to be acted upon. The CEO will also have the responsibility for ensuring, either directly or through the relevant Manager that the complaint/s and respondent/s are informed of the findings, but only after the findings have been accepted.

Level 3 – Formal Complaint – Mediation

If the IML Associate is not satisfied with the outcomes and/or proposed solution and wishes to pursue the grievance process to the next step, the Associate must notify the CEO. The CEO may select an outside consultant to investigate further and/or commence mediations between the parties.

Alternatively, if an IML Associate is not satisfied with the process or outcome of an investigation, or the time taken to conduct an investigation, it is open to them to pursue their complaint through the relevant equal opportunity or anti-discrimination authority or the relevant workplace relations authority.

An IML Associate may pursue this course of action at any time during any stage of the 3 level process.

Whistleblower Statement

A whistleblower is “a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organisation”. IML’s approach is to encourage and support the reporting of such activity, and seeks to protect whistleblowers from any retaliation that may arise as a result of their disclosure.

Under the Corporations Act 2001, the criteria for protection as a whistleblower can be found at ASIC- Protection for Whistleblowers.