Fair Employer Practices
Introduction
It’s important that everybody is treated fairly
at work everyday and not just when there are problems.
Fair employers ensure that there is a clear understanding
of what’s expected from everybody at work, including
themselves. This isn’t just about what employees
need to do in their jobs but how they should treat other
workers, customers, suppliers and the public.
This is often done verbally but can also be in writing.
How you will treat your employees at work and what you
expect from them can be set out in a variety of documents
such as:-
What’s contained in these documents needs to
be clear and consistent as such documents can be used
by tribunals and courts to determine what was intended
and whether people have been treated in accordance with
these documents and the law.
How people actually behave is also important as it
can determine the workplace culture that sends cues
to people about what is, or isn’t acceptable.
In some circumstances what actually happens in a workplace
is so entrenched that it can “override”
written policy and agreements. For this reason employers
should set an example with their own behaviour and that
this is consistent with workplace agreements, company
policy etc.
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Managing Performance and Disciplinary
Matters
Employees need to be clear about what is expected
from them at work. It is also important that they be
supported through being provided with relevant training,
proper equipment and the necessary resources to do their
job properly. It is therefore, important that employers
talk regularly to their employees to ensure that they
are clear about what’s expected from them and
that they have the necessary support from the employer
to do the job. This process allows both employer and
employee to discuss how the work is going, highlight
any difficulties or problems and address them in a timely
manner as well as providing for future development of
the employee.
Whether performance management is a formal process
or not, the key is to be clear about expectations on
both sides and to address problems quickly.
In some situations, despite support from the employer,
employees may not be performing as well as the employer
would like or their behaviour is not considered appropriate.
In such circumstances it is important that the employer
in dealing with the employee treats the employee fairly
by following what are known as the principles of natural
justice:
-
the employee be told exactly what the issues are
-
the employee be given reasonable time to respond
-
the employee be allowed to seek advice and assistance
from their union or some other representative
It is important when dealing with such issues that
the employer ensures that:
-
the employee understands the concerns or complaints
against them (this may mean providing interpreters
if the employee is not fluent in English for example)
-
the employee understands what the employer is
proposing to rectify the situation including what
the employer will do to assist the employee
-
the employee understands the consequences if their
work performance or behaviour doesn’t improve
to the standard required
-
they take into account what the employee may say
in response to the concerns or complaints
When deciding to take disciplinary action against an
employee it is important to ensure that the action is
appropriate in all of the circumstances and consistent
with how others have been treated in similar circumstances.
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Grievances and Disputes
The best way to deal with grievances and disputes
in the workplace is to prevent them happening in the
first place. However, all workplaces have to deal with
issues and problems from time to time. All awards and
agreements have processes for dealing with grievances
and disputes. Generally such processes provide that
problems are directly raised with the relevant supervisor
or manager and that where the matter can’t be
resolved it escalates through management levels and
may end up with a tribunal or independent arbitrator
determining the matter.
Whatever the process what is important is that where
someone has an issue that it can be raised with the
relevant person representing the employer and that the
issue can be dealt with promptly. Where the issue can’t
be dealt with promptly or by the person it was raised
with, then the person raising the issue needs to be
advised of this and what will now happen (for example
referred to someone else or the timeframe in which it
will be dealt with). The person raising the issue should
also be advised what they can do if they are unsatisfied
with the response.
It is important when handling grievances to:
-
understand exactly what the problem is
-
get a clear idea of what the person raising the
issue wants to happen
-
explain the process and give the person raising
the issue a clear idea about how you intend to progress
the matter (by talking to other people, getting
advice etc) including when you will get back to
them
-
allow the person raising the issue to seek advice
and assistance from their union or some other representative
if that is what they want
-
maintain confidentiality when making any inquiries
about the matters raised especially where other
employees are involved
-
not do anything about the matter without letting
the person who raised the issue know
-
not raise expectations about how the issue will
be dealt with until it has been properly investigated
and considered
-
document what was agreed to resolve the issue
or to progress the matter
When considering your own grievance or dispute procedures
it is sometimes useful to have a list of places where
individual employees may seek independent advice and
assistance. Those who are union members should be able
to speak with a union representative and there are other
organizations who can assist with specific issues (the
Anti Discrimination Board for harassment and discrimination
matters for example). It may also be useful to consider
a list of people who may act as mediators or private
arbitrators where grievances or disputes are unable
to be resolved. Such people should be independent and
acceptable to all parties involved.
Whatever the process is for dealing with grievances
and disputes it needs to be clear, timely (not let matters
drag on), deal with issues consistently and achieve
some finality on the matters raised (even if this might
involve monitoring or reviewing something at a later
time).
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Consultation and Collective
Bargaining
It’s important to keep employees aware of what’s
happening with their work. Setting up a regular and
consistent way of talking to people is important. This
way employees know what’s happening, what’s
expected and can provide feedback. Such a process need
not be overly formal as long as it occurs regularly.
Changes that may adversely affect employees ( for
example changing their pattern of work or their job
description or reducing the number of jobs) should be
dealt with more formally. Often there are provisions
in awards or agreements that set out under what circumstances
such consultation must occur and the process. Generally
employers should arrange a meeting with as much notice
as possible to ensure all affected staff can be present
and for them to have a union representative if they
want. Employers should spell out the reasons for changes
and what is proposed. Alternatives to minimize the impact
on employees should also be discussed. Employees may
want some time to consider what has been proposed and
to get advice. Fair employers will facilitate this.
Where collective bargaining negotiations are proposed
employers should ensure that employees have adequate
time to consider their position and to seek advice and
assistance from their union. Employees who are representing
their colleagues in negotiations should be given time
and resources so that they can consult other employees
about the negotiations, to prepare for negotiations
and to report back to their colleagues. Many unions
run courses for union reps involved in collective bargaining
negotiations and employers should encourage and facilitate
employees undertaking such training where available.
To top
Useful Links
Office of Industrial Relations -
on the legal responsibilities and obligations of employers
www.industrialrelations.nsw.gov.au
Anti Discrimination Board –-
on discrimination, harassment and how to prevent these
problems in workplaces
www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_employers
WorkCover –- on how to manage
health and safety at work
www.workcover.nsw.gov.au/OHS/default.htm
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