Grievance and complaint handling processes need to be designed so that they can be used formerly to receive and deal with issues covered by the Protected Disclosures Act 1994. Such procedures are to clearly state that protection is provided under the Protected Disclosures Act 1994. In some cases the use of grievance procedures can result in a recommendation that the employer take action through the disciplinary process. Disciplinary processes are not part of the system to deal with employees concerns and grievances. Grievance procedures are to deal with matters raised by an individual employee.
Disciplinary processes deal with performance or conduct matters identified by the employer.
If criminal charges have been laid or a complaint made to a body such as the Independent Commission Against Corruption or the Anti-Discrimination Board, management also has a responsibility to consider whether the matter should be pursued through the disciplinary process within the agency. If a grievance is raised during a discipline process, the grievance needs to be finalised but the disciplinary process should continue independently. Requirement of the Industrial Relations Act, awards and agreements A system to manage employee work-related concerns or grievances needs to take account of the requirements of the Industrial Relation Act and grievance handling procedures in awards and agreements. Of particular note is the need for a formal process to take account of the possibility of action in the Industrial Relations Commission. A dispute is a clear statement by an individual or a group of employees on a question, difficulty or conflict with the interpretation, application or operation of an award or agreement.