Grievance & Dispute Resolution Policies & Processes

Definitions:

A grievance is a real or perceived issue (injury, injustice or wrong) that causes resentment and results in a grievance being raised by a Temple member or employee. This may be resolved through an informal or formal grievance resolution process. A dispute is a disagreement or difference between people or groups of people on a matter pertaining to Temple matters. This is resolved through an informal dispute resolution process. An aggrieved person is the Temple member or employee lodging the grievance. A respondent(s) is the Temple member or employee (identified by the aggrieved person) whose alleged actions have been perceived to cause or contribute to a grievance A Grievance Coordinator is the person appointed by the Temple Board to assist in the conduct of an informal dispute or grievance resolution process, and undertake a formal grievance resolution process, including receiving grievances, and maintaining communication with the parties to the grievance to inform them of progress to date in the grievance resolution process. Procedural Fairness means a process that is fair to all parties and free of bias.

General Principles

• Grievances and disputes can happen in any organisation. • If anyone in the Temple organisation feels harassed, sexually harassed, vilified, or victimised, the organisation culture needs to encourage them to take appropriate action and not suffer in silence. • If feasible, grievances and disputes should be settled quickly and informally through respectful, honest, problem-solving communication. • However, if those involved can’t agree on a way forward, or the grievance is about a serious matter, then a formal process may be needed. • Temple’s grievance resolution process needs to be, and be seen to be, simple, fair, confidential, and transparent. Issues need to be resolved promptly, objectively, and as close to the source as possible. • During the course of a grievance handling process, the complainant has the right to have an advocate at any or all of the meetings • The respondent (the person whose alleged actions have been perceived to cause or contribute to a grievance) is to be accorded due process, and has the right to have an advocate at any or all meetings • The Temple President or nominated Board representative has end-line responsibility for managing the grievance and dispute resolution process. • A Grievance Coordinator a/ assists in a dispute resolution process and b/ coordinates a grievance handing process, receiving the contention, and keeping the parties informed of progress being made. • Where possible, disputes and grievances should be resolved on an informal basis between the parties. If required, informal or formal mediation can be requested.

The Grievance and Dispute Handling Process

The processes and procedures described here apply to grievances and disputes between a member and another member; or a member and a person employed by the Temple; or two people employed by Temple; or a member and the Temple congregation.

Informal Grievance and Dispute Process:

The parties directly resolve the grievance or dispute

• An aggrieved person can raise their grievance directly with the person/s with whom they have the grievance. • Similarly, either party to a dispute or both can raise and discuss their dispute directly with the other • The parties to the dispute or grievance should meet to discuss the matter and resolve the issue under contention within 14 days after it comes to the attention of all parties. • If the parties are unable to resolve the grievance or dispute at that meeting, or if a party fails to attend that meeting, then within 10 days, the parties should hold a meeting in the presence of a mediator. • The parties to the dispute or grievance should agree on a mediator. If required, the Temple Present or the Grievance Coordinator can arrange for informal mediation by a person agreed to by both parties. • The mediator can be a Temple member, as long as they are not party to the dispute or grievance. • The parties to the dispute or grievance must, in good faith, attempt to settle the dispute by mediation. • The mediator must give the parties every opportunity to be heard; allow due consideration of any written statement by any party; and accord natural justice to the parties throughout the mediation process. • The mediator must facilitate the discussion, but not determine the dispute, nor settle the grievance. • If the dispute or grievance is resolved, it will not be recorded and will go no further.

A Formal Grievance Process will be pursued IF:

1. Both parties are not able to reach a satisfactory resolution of a grievance through the informal process
2. The nature of the process is serious, i.e. contravenes the Temple’s Policies and Minimum Standards of Conduct and Integrity (Pathway 1), or contravenes any Act, or is illegal in other ways (Pathway 2)
3. The aggrieved feels victimised
4. The aggrieved requests the grievance be formalised

For a Formal Grievance Process to be instigated, the aggrieved person needs to submit their grievance in writing to the Temple President and/or Grievance Coordinator, and a Formal Process will be pursued, documented and recorded.

Formal Grievance Process

Formal grievance investigation and resolution

Step 1 - A formal grievance is received by the Temple President and/or Grievance Coordinator

• The aggrieved person submits a formal grievance in writing to the Temple President and/or Grievance Coordinator • The aggrieved person is offered the opportunity to tell the President and/or Grievance Coordinator, step by step, what happened. The aggrieved person can bring another person to the interview if they so choose. • The Temple President and/or Grievance Coordinator take notes in the aggrieved person’s own words.

If the Temple President and/or Grievance Coordinator are satisfied that: a. the behaviour described in the grievance is not illegal but that it does contravene Temple’s Policies anda/or Minimum Standards of Conduct and Integrity, and b. the aggrieved person has not requested a formal legal investigation Then the grievance is promptly passed on the Temple Board to proceed with the formal grievance resolution process.

Step 2 – The Board is informed of the grievance, and throughout the process it acts collaboratively and with integrity by:

a. Acting promptly b. Maintaining confidentiality c. Storing any written material in a secure/confidential drive (which preferably, only the Temple President and Grievance Coordinator can access) d. Ensuring grievance reports are checked for accuracy by those who wrote them, including any additional notes written by those who received the reports e. Ensuring the parties to the grievance know they have the right to have an advocate at all meetings f. Ensuring contact is maintained with the parties to inform them of progress of the grievance resolution process.)

Step 3 – The Board investigates the grievance to determine whether it is substantiated by:

• Applying the principles of procedural fairness (PF) which involves informing respondents to the grievance, giving parties the right to be heard, not being biased, and acting on the ‘no evidence’ rule, e.g., assessing the credibility and reliability of the parties, power relations, organisational systems, and delays in the complaint being made • The Board makes a finding as to whether the behaviour occurred (and that it is not vexatious – i.e., malicious, unreasonable or a waste of time) • The Board presents its finding in full as to whether the behaviour occurred to the aggrieved person • If the Board finds the grievance to be vexatious, the Temple President or Grievance Coordinator clearly communicates this to both parties of the grievance, dismisses the grievance, and relays to the offender any redress recommended by the Board. • If the Board makes the finding that the behaviour occurred, this finding is presented in full to the respondent (the person whose alleged actions have been perceived to cause or contribute to a grievance) and the next steps in the formal grievance process are explained. • The respondent is given the opportunity to respond and defend themselves against the allegations in full (knowing they can have an advocate at any interview or meeting) • The Board determines the pathway forwards and informs both parties to the dispute of the next steps

Pathway 1

Step 4 – After substantiating the grievance, the Board reaches a course of action to resolve it by:

• Discussing the possible options, for example:  counselling  mediation of the grievance by an independent, trained mediator. The mediator records the details of the grievance, assists the parties to resolve the grievance –then monitors the situation, requesting a follow-up meeting; and formally recording these actions.  formal apologies  official warning that is documented and put on file  disciplinary action, e.g. suspension or termination of tasks and roles. • Recommending a course of action. This recommendation should be determined through Board deliberation which seeks common ground among Board members of an agreed way forward • Writing a report summarising the process undertaken and outlining the recommended action • Ensuring the recommended action is implemented • Where appropriate, throughout the above process, encouraging the parties to reconsider their positions and where feasible, negotiating a resolution without recourse to further measures and without risk of prejudice.

Step 5 – the Board overseas the implementation of the recommended course of action

Step 6 – The Board determines an appropriate support mechanism to assist either or both parties during this process, and informs each party, so each can decide if they wish to access it.

Pathway 2

If the Temple Board a. is satisfied the conduct outlined in the grievance is in breach of the law, and/or b. a formal, legal investigation is requested by the aggrieved person, then (carry out the above Steps 1, 2 & 3) followed by:

Step 4 – The Board determines an appropriate legal firm to investigate the grievance

Step 5 – The Board follows up periodically with the legal firm to ensure the grievance is deal with in a timely fashion

Step 6 – The Board informs the parties to the grievance of the legal recommendation

Step 7 – The Board oversees the implementation of the legal recommendation

Step 8 – The Board determines an appropriate support mechanism to assist either or both parties during this process, and informs them, so they can decide if they wish to access it

Step 9 – The Grievance Coordinator monitors the situation carefully to ensure the person who raised the grievance is not disadvantaged in any way, and that a reasonably harmonious work situation prevails.

Important Final Notes

1. There is no appeal associated with the Pathway 2 formal dispute resolution process. The decision of the independent investigating officer, in conjunction with the Temple Board, is final.

2. If the recommended action is not agreeable to the complainant and/or they request the grievance to be taken further, the aggrieved person has the right to lodge a written grievance with an independent external organisation, e.g., the W.A. Equal Opportunity Commissioner, or the Police. All allegations will then be investigated.

3. Regardless of the process used to seek resolution of a grievance, confidentiality is required by all those involved. All aspects of allegations should remain confidential, including all the documents involved.

You can print a copy of the Temple David Code of Conduct, Board and Leadership Guiding Values, Dispute and Grievance Policies & Processes