DOCUMENT ONE

Purpose
From time to time, an employee may consider that an administrative decision or the
behaviour of others in the workplace is unfair or unreasonable. It is the
Departments expectation that the employee will make all reasonable attempts to
resolve the matter informally either individually or with the assistance of their local
supervisor/manager. However, where this does not result in satisfactory resolution,
the employee may pursue the matter through a more formal process.
The purpose of this procedure is to ensure that such employee complaints are
appropriately addressed and managed efficiently and effectively in reaching a
resolution for all parties involved. This procedure provides information to managers
and employees regarding the processes to be followed when managing employee
complaints, focussing on the management and resolution of workplace issues at the
local level.
Overview
This procedure covers employee complaints where the employee has an honest
belief based upon reasonable grounds that:

An administrative decision is unfair or unreasonable or

The conduct or behaviour of an employee, agent or contractor is unfair or

unreasonable or constitutes workplace harassment or sexual
harassment; and

The decision, conduct, or behaviour has a substantial and direct adverse

effect on the employee concerned.

Employee complaints that cannot be satisfactorily resolved informally are managed

and resolved through:

local action (the first stage of a formal employee complaints process)

internal review of a decision made through local action (the second stage)

external review of a decision made at internal review (the third stage).

Please note that there will be instances where the behaviour of another employee
represents a breach of the Code of Conduct for the Queensland Public Service (the
Code) and/or the departmental Standard of Practice in support of the Code. In such
circumstances, it may not be appropriate for the matters to be resolved at the
workplace level. Matters of suspected misconduct are to be referred to the
Departments Ethical Standards Unit for assessment in the first instance before any
resolution strategies are employed.

Similarly, this procedure does not affect an employees right to pursue complaints of
an industrial relations nature through the dispute resolution procedures outlined in
relevant industrial instruments.

Responsibilities
Employee:

Raise issue verbally and make genuine and reasonable attempts to resolve
the matter informally without the need for a formal employee complaint
process

Where a matter cannot be resolved informally, may lodge an employee

complaint in writing to the relevant manager in accordance with this
procedure (unless the employees complaint is directly about the DirectorGeneral wherein the employee complaint should be lodged with the Public
Service Commissions Chief Executive)

Make an employee complaint as soon as reasonably possible after the

administrative decision, alleged conduct or alleged behaviour occurs

Ensure the complaint includes sufficient information to enable the

Department to take appropriate action and outline the action they believe
would resolve the complaint

Respect the confidentiality of the process and its outcomes

Continue with work as it was before the employee complaint was submitted
except in the case of a genuine safety issue

Comply with relevant legislation and Directives and departmental policy

including the Code of Conduct and Standard of Practice

Engage in the employee complaint management and resolution process in

good faith

May request a support person accompany them during the employee

complaint process, but the support person must not act in a representative
capacity

Must not unreasonably withhold agreement for extension of time to resolve

the employee complaint and/or complete any request for internal review

If dissatisfied with the decision made through local action, may seek internal
review, in writing, by the Director-General. A written request for an internal
review must:

be received by the Director-General within 14 days of the employee

receiving a copy of the decision made through local action

clearly state the reasons for dissatisfaction with the decision made
through local action, and not merely state a belief that the decision
made through local action was unfair or unreasonable, and

clearly state the action the employee believes would resolve the
employee complaint.

If dissatisfied with the decision made at internal review, may make an

application for an external review

May appeal to Appeals Officer, Public Service Commission if it can be

demonstrated that it would be unreasonable in the circumstances to comply
fully with this employee complaints procedure.

Supervisor/Manager:

Proactively identify and effectively manage workplace issues

Deal expeditiously with disagreements or issues that may cause conflict

(including interpersonal conflict) in order that difficulties may be resolved
informally where possible

Initiate local action to promote resolution of issues raised verbally in an

attempt to resolve the matter informally without the need for a formal
employee complaint process

Where issues cannot be resolved informally, ensure formal employee

complaints are managed in accordance with this procedure

Ensure employees are aware of their entitlement to a support person during

the complaint process

Ensure employees are aware of the professional counselling

services available to all employees

Ensure normal work continues except in the case of a genuine safety issue, or
where doing so would create a substantial financial or legal liability to the
Department

Ensure that employee complaints are dealt with in a fair, impartial and
unbiased manner and that the principles of procedural fairness and natural
justice are applied

Manage employee complaints in a manner that maintains confidentiality and

protects privacy

Deal with multiple employee complaints about related matters

simultaneously wherever possible

Engage in the employee complaint management and resolution process in

good faith

Provide the employee complainant with regular and timely information in

relation to the progress of the employee complaint

Ensure appropriate documentation is maintained in relation to formal

employee complaint

Comply with relevant directives, legislation and departmental policy as listed

in this procedure

Take action to resolve the employee complaint in accordance with this

procedure, which may include, but is not limited to:

conducting preliminary enquiries to determine appropriate options for

resolution of the employee complaint

facilitated discussion, mediation, conciliation or negotiation

investigation

or other reasonable action in the circumstances

If reasonably satisfied that the employee complaint is frivolous or vexatious,

or that the employee complaint does not meet the definition of an employee
complaint, or the employee unreasonably refuses to participate in local action
to resolve the employee complaint:
o

determine whether to take no further action in relation to the

employee complaint and

provide written decision to the employee

If satisfied that grounds for an employee complaint exist, take action to

resolve the employee complaint, within 21 days of receipt of the complaint
unless:
o

the timeframe has been extended by mutual agreement between the

parties (a party to the employee complaint is not to unreasonably
withhold their agreement)

the Department can demonstrate that reasonable attempts have been

made to progress the employee complaint, or

the employee complaint has been notified directly to the commission

chief executive

Note: if a decision is not made within the required timeframe, the

Department is taken to have confirmed the decision which formed the
basis of the initial employee complaint and the employee complainant
may make a request to the Director-General for an internal review.

At the completion of local action to resolve an employee complaint, provide a

written decision to the employee complainant. The decision must:
o

detail the action taken to manage the employee complaint and the
outcome of this action

detail the reasons for the decision

detail any action that the Department will take, or proposes to take, as
a result of the decision, and

be capable of review.

Director-General (or delegate):

Conduct necessary enquiries to determine whether the decision made

through local action was fair and reasonable in the circumstances

If the reasons for seeking internal review are not sufficient, or it is considered
that the request for internal review is frivolous or vexatious, or the employee
unreasonably refused to participate in local action to resolve the employee
complaint:

determine whether to take no further action in relation to the request

for internal review and

provide written advice to the employee

If satisfied that grounds for an internal review exist, take action to ensure
review of the decision made through local action as soon as possible but
within 14 days of receipt of a written request from an employee for internal
review unless:
o

the timeframe has been extended by mutual agreement between the

parties (a party to the employee complaints is not to unreasonably
withhold their agreement) or

the Director-General or delegate can demonstrate that reasonable

attempts have been made to progress the employee complaints

Note: If a decision is not made in relation to the internal review within

the required timeframe, the Director-General is taken to have
confirmed the decision made through local action and the employee
complainant may make an application for external review.

Provide a written decision to the employee who made the written request for
internal review. This decision must:
o

detail the action taken to review the decision made through local
action;

detail the reasons for the internal review decision;

detail any action that the Director-General or delegate will take, or

proposes to take, as a detail result of the internal review; and

be capable of review.

DOCUMENT TWO
Part of being an employer is handling the complaints of your employees. While some
larger employers have involved dispute resolution and arbitration procedures, informal
procedures are often the best method for the small business owner. And for the
business with only one or two employees, it's not necessary to specify how you'll handle
complaints before they happen. Deal with each situation as it arises on a case-by-case
basis.
Whatever method you use, if an employee complains about an employment-related
situation, you should be prepared to handle it in a fair and consistent manner.
Informal Complaint Procedures
As a small business, you probably don't want to spend the time and resources or have
the need to develop an involved procedure for dealing with employee complaints.
Instead, you may want to have some general guidelines so that employees know what
to do if they have a complaint. A set of basic procedures helps you make sure that you
treat all complaints in a consistent manner.
Your informal complaint procedure can be just about anything you want to make it.
Some common procedures are:

an open door policy

periodic employee meetings

Open door policy. An open door policy is just what it sounds like. Basically, you make it
known to employees that when they have a problem or complaint, they are free to come
to you with it. This is a good approach if you have a relatively small number of
employees and a reasonably happy workforce. On the other hand, if you have a lot of
employees with many problems, you're setting yourself up for day after day of meetings
with employees.
If you adopt the open door policy, make it known that, while employees can come to you
at any time, a detailed follow-up on their complaint or problem might not take place at
that moment, depending on your schedule or business commitments. Explain that, in
some cases, an appointment will have to be scheduled when the employee can come in
and discuss the issue with you.

Periodic employee meetings. If your employees work as a team or if work requires

periodic meetings anyway, you may want to allot some time during your meeting for
complaints or problems that employees can share. This approach allows you to address
an issue only once instead of individually. Allow employees the opportunity to speak
with you apart from the group. Some problems or complaints may be not be suitable for
group discussion.
Communicating your policy. Be sure to communicate basic information to employees
about what to do if they have a complaint. In a "policy" of this sort:

explain that your business cares about its employees and wants to help solve
any workplace problems that may arise

encourage employees to come forward with problems and assure them they will
be taken seriously, kept confidential, and handled fairly and consistently

explain how employees should go about voicing a complaint (visit in person,

submit a written complaint, schedule a time)

Handling Employees' Complaints Thoroughly and in a Timely Fashion

An alternative to having a traditional complaint procedure is to address complaints as
they arise. This may be an effective approach for a business with only one or two
employees.
However, you may find that even though you have only a few employees, you are
spending a lot of time dealing with complaint-oriented issues. If this is the case, you
may want to consider a more formal complaint procedure to help you get control of how
complaints are handled. It could end up saving you some time and help you ensure that
complaints are handled fairly and consistently.
An added benefit of having a procedure in place is that requiring employees to follow
procedures may curtail aimless complaining or griping that they may feel is justified
because you do not have a specific policy governing complaints.

Handling Your Employees' Complaints

Whatever the type of dispute or complaint resolution procedure - either an informal
procedure or a case-by-case approach - it should do the following:

resolve disputes in a timely manner

provide a binding resolution

involve those who must live with the decision

be externally defensible, in case the decision is subsequently challenged

be perceived as being fair overall

If employees feel that they are being treated with respect and fairness, they are more
likely to accept the resolution you suggest, even if it is not exactly what they wanted or
expected.
To show that you take all complaints seriously, you'll want to take the following action:

Make sure that you understand the problem. Allow the employee to talk without
interruption.

Ask questions until you have a clear understanding of the facts. If the employee
discusses the problem in generalities, probe for specific facts.

Ask the employee what he or she would like to see in the way of a resolution. If
the employee wants another employee fired over a minor problem, there may be
more to the employee's anger than meets the eye.

Remain calm and in control; do not lose your temper or become accusatory.

Establish a record by taking notes. This will also assure the employee that you
are taking the matter seriously. You may want to have the employee write down the
complaint, as well. This can be part of the formal documentation.

Repeat the complaint. This will ensure that you and the employee agree on the
facts and the issues.

Don't make a decision until you have obtained all the facts. If you must talk to
others, explain that to the employee. Also explain that you cannot act on a complaint
until you have the other party's side of the story. It is better to postpone a decision
than to make one that you would regret or reverse later.
Check to see if any of the business's other policies (if there are any) address the
problem. Have there been other similar cases? How were they handled in the past?

Consider the source and gather information about the complaining employee.
The more you know about the employee, the easier it will be to handle the complaint.

Advise the employee of the decisions as soon as possible. Determine the most
appropriate time and place to meet with the employee.

If the employee's complaint is without merit, explain it to the employee in a

pleasant, low-key manner.

If the complaint is sound, thank the employee for calling it to your attention so
that you can resolve it.

Follow through with corrective action as soon as possible. Delay may result in
other problems.

Check back with the employee after taking action in order to determine if the
issue has been completely resolved to his or her satisfaction.

DOCUMENT THREE
What Justifies a Complaint or Grievance?
It may seem like an easy question to answer, but there is no single cut-and-dried
definition. A complaint or grievance can be a real or imagined feeling of
dissatisfaction that an employee experiences in the course of their job. These
complaints or grievances must then be communicated to management or the
organization at large.
So what is the best way to handle complaints or grievances? How can you be
sure that you are giving each complaint its proper attention and assuring
employees that their concerns are being heard?
Lets examine some of the best ways to address employee complaints and
manage their outcomes.

1. Setting Up a System
The first thing to do is to create a system for employees to lodge complaints or
grievances so they can be addressed. Here are some of the key things you
should do when setting up this process:
1. Include your policy in your companys Employee Handbook. Once
your policy is established, it should become part of the handbook so
employees can easily reference it. If your company makes employees sign

an acknowledgement form, this is also a great way to make sure they read
it.
2. Assign one person or department to handle the receipt of complaints.
Often, this is the Human Resources department or someone within it.
Discretion is key, as employees will want to be assured (and should
legitimately expect) that they are submitting their grievances in confidence.
3. Provide a central location to place complaints. If your method for
receiving complaints is a box or other receptacle, make sure it is in a
central location that is easily accessible to all employees.
4. Devise a confidential way for employees to submit complaints.
Employees may hesitate to truly speak their minds if they fear retaliation for
their concerns. Thus, encouraging employees to email their complaints is
problematic, as it is not confidential. In some cases, devising a simple
online form or survey that doesnt collect identifying information might be
the best way to gather employee complaints. Or, as antiquated as it may
seem, having a hand-written system that uses complaint forms might be
your best option to ensure confidentiality.
5. Establish a schedule to address concerns and complaints. One of the
most important aspects of dealing with employee complaints is addressing
them efficiently and reliably. Make sure you have a timeframe in place for
when and how you will address complaints, and stick to it. Employees will
expect a certain level of responsiveness from you and the organization.

2. Categorizing Complaints

Once youve established the best system to receive complaints and have
determined how often you will address them, youll need to set about categorizing
them and determining which issues should be prioritized. There are three key
categories you should be able to place each complaint into:
1. Working Conditions and Safety. These include any complaint or
grievance that directly addresses the employees work environment. These
can include everything from unsafe conditions to indifferent managers.
2. Unreasonable Management Policies. If employees feel that a certain
policy is unfair or unreasonable, they will want their concerns addressed.
Such policies can include those relating to overtime regulation
compliance or a gap in production standards.
3. Violations of Rules and Policies. These can relate to any organizational
rules that employees feel are being violated by other workers and/or middle
or senior management.

3. Addressing Complaints
Once youve categorized your complaints, youll want to order them based on
significance. Any unsafe working conditions or other safety concerns should be
addressed immediately, as should violations of rules and policies. When
preparing to address a complaint, follow these simple steps:
1. Acknowledge: Make it known that the complaint has been received and
that it will be addressed by the organization. You do not need to

immediately provide a solution, but you want employees to know they are
being heard.
2. Investigate: Gather information regarding the grievance. If the employee
listed specific incidences or situations, inquire about those and gather any
relevant data.
3. Decide: Once youve gathered all the information and fully examined the
situation, formulate and decide on a solution. You may want to vet your
idea with other senior members of your organization or even with your
employees.
4. Act: After a decision has been made, act swiftly. Old employee complaints
that linger unresolved can negatively impact morale and production. The
sooner you can resolve issues, the better off your company will be.

4. Reviewing Outcomes
After youve acted and implemented a solution, its a good idea to review the
situation that initially generated the complaint after some time has passed. That
way, you can take an objective perspective and make sure your solution solved
what it was supposed to solve. If the initial complaint wasnt confidential, it might
be a good idea to check in with the employee who lodged the complaint to see if
he or she is satisfied with the outcome. And most importantly, dont be afraid to
make adjustments if necessary.
A legitimate complaint can signal not only discontent in the workplace, but it can
also help to shine the light on serious infractions or even criminal conduct at your
office. Psychologically, listening to your employees and addressing their concerns

can be great for your company culture. It also shows them respect and fosters a
sense of pride and accountability in their work. These benefits easily justify the
implementation of a useful and effective system for addressing employee
complaints.