The Ministerial and Parliamentary Services Division of the Premier's Department is committed to maintaining a harmonious working enviromnent in Ministers' Offices which is free from intimidation and harassment. The Premier's Department recognises the rights of staff of Ministers' Offices to express their concern about work-related issues and to raise grievances within procedures designed to resolve problems and to protect the rights of those involved.

The Grievance And Dispute Resolution Procedures

For Staff Of Ministers' Offices provide for both informal and formal methods for dealing with grievances, and concerns. These Procedures reflect the sector-wide guidelines issued by the Premier (Memorandum 96-11) in July 1996 and have been developed in consultation with the Director Of Equal Opportunity in Public Employment.

The guidelines for Preventing And Dealing With Harassment In Ministers' Offices

define harassment, and how it is to be prevented and managed in all Ministers' Offices. If a complaint of harassment is made it will be dealt with following the Procedures for Resolving Disputes and Grievances in Ministers' Offices.

Any enquiries should be directed to Peter Rawsthorne on (02) 9228 5530 or email

[email protected].

Yours sincerely

C. Gellatly
Director General

Premier's Department Circular No. 98-4 9

ATTACHMENTS

Preventing And Dealing With Harassment

In Ministers' Offices

Introduction 

The Ministerial and Parliamentary Services Division, Premier's Department iscommitted to ensuring that all staff of Ministers' Offices are treated fairly and equitably, and that they work in an environment free of all forms of harassment. This policy defines harassment, and how it is to be prevented and managed in all Ministers' Offices. If a complaint of Harassment is made it will be dealt with following the Procedures for Resolving Disputes and Grievances in Ministers' Offices. Please refer to that document for further information.

Harassment will not be condoned under any circumstances.

Who does this Policy apply to? 

This policy covers Ministers and all staff working in Ministers' Offices, whether they employed under section 33/34, section 38 of the Public Sector Management Act 1988, as a Departmental Liaison Officer, or a volunteer.

What is Harassment? 

Harassment is defined as unwelcome or unreciprocated behaviour which makes an employee or customer feel intimidated, offended, or belittled in the workplace.

Examples of harassment could include, but is not limited to, the following behaviours, if unwelcome or unreciprocated.

o Physical contact, or requests for sexual favours;

opersistent following (stalking);

osuggestive looks implying a sexual interest;

opersistent verbal abuse or threats; or

opersistent disruption of an individual's work, workspace or equipment, or interfering with their personal property.

Other forms of harassment whether directed at a person or a group can include:

ojokes, derogatory or dismissive comments;

ogestures that are insulting or belittling;

ocirculating, displaying written or pictorial material that is offensive or belittling.

It can take place between:

oan employee and a manager or supervisor;

oco-workers; or

oan employee and another person in the workplace, for example a client or rainee.

Role of Management and Supervisors in Ministers' Offices

(For example - Chief of Staff) 

Managers and supervisors in Ministers' Offices have a leadership role and should ensure their behaviour provides a model of the standards required. Managers and supervisors are to ensure that all staff in their Office are aware of the standards of behaviour required, that harassment will not be tolerated and complaints will be treated seriously. It is also their responsibility to ensure employees are aware of the Grievance and Dispute Resolution Procedures for Staff of Ministers' Officesand have access to them.

Managers must ensure that staff members are not victimised or penalised for making a complaint about harassment, and that they retain full access to all entitlements and benefits.

Role of Staff Members 

All employees have a responsibility to ensure that their behaviour is professional and consistent with the Ministers' Office Staff Code of Conduct (currently being developed). All employees should treat others with respect and sensitivity and ensure they do not harass others.

Employees are also responsible for any complaints they may lodge. They should be aware that vexatious complaints can lead to disciplinary action being taken against them.

Employees who experience harassment should ensure they take action which caninclude:

• telling the person concerned to stop the offending behaviour (the employee may seek support before taking this step);
• seeking advice and support from contact officers regarding the Grievance and Dispute Resolution Procedures for Staff of Ministers' Offices established to deal with employee work-related concerns and grievances;
• lodging a complaint through the grievance procedures for staff of Ministers' Offices.

Impact of Harassment 

Harassment can cause poor work performance, increased stress levels and sickness, and low productivity. Harassment creates an intimidating and hostile work environment for everyone. As all staff would be aware, Minister's offices are the focus of great political attention this can increase the sensitivity of allegations and claims of harassment. This does not mean,, however, that claims by members of a Minister's staff will be treated any differently than those by a public servant. All employees, irregardless of the basis of their employment, are entitled to a harassment-free workplace.

Harassment and the Law 

Where harassment involves discrimination it is also unlawful. Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to discriminate in employment or in providing a service on the grounds of:

• a person's sex (including pregnancy), race, disability, marital status, age, homosexuality or transgender status;
• a person's presumed or perceived disability, homosexuality or transgender status;
• the sex (including pregnancy), race, disability, marital status, age, homosexuality or transgender status of their associate or relative; and
• the perceived or presumed disability, homosexuality or transgender status of their associate or relative.

Harassment based on sex, race, or disability is also unlawful under Commonwealth laws. Recent amendments to the NSW Anti-Discrimination Act are particularly relevant to staff of Ministers' Offices. Under the new amendments it is now unlawful for a member of either House of Parliament to sexually harass:

• a workplace participant at a place that is a workplace of both the member and the workplace participant, or
• another member of Parliament at a place that is a workplace of both members.

It is also illegal for a workplace participant to sexually harass a member of either House of Parliament at a place that is a workplace of both the member and the workplace participant.

A workplace of a member of either House of Parliament is defined in the Act as, but not limited to, the whole of Parliament House, any :ministerial office or electoral office of the member or any other place that the member attends in connection with his or her Ministerial, parliamentary or electoral duties.

A workplace participant is an employee or employer; a commission agent or contract worker; a partner in a partnership; a person who is self-employed; or a volunteer or unpaid trainee.

Harassment such as physical assault can be a criminal offence.

Complaint Handling Procedures 

Complaints will be investigated promptly, thoroughly, fairly and confidentially. Complaint handling techniques may include mediation in cases where a complaint can not be appropriately substantiated. Disciplinary action may be taken against anyone found to have harassed someone.

Inquiries and complaints about harassment should be raised with your immediate supervisor. If you do not wish to approach your supervisor, then the matter should be taken to the Grievance Manager or Contact Officer :in the Ministerial and Parliamentary Services Division of the Premier's Department. Managers and supervisors are the primary resource for action on complaints of harassment. However, if you are uncomfortable raising the matter within your Office, you should speak to a Harassment Contact Officer or a Grievance Manager.

Alternatively, if you do not wish to raise the complaint with either of the nominated officers, you can approach organisations outside the workplace, including the relevant union and the Anti-Discrimination Board or the Human Rights and Equal Opportunity Commission.

Rights of Respondents 

People who are the subject of a complaint of harassment have the right to beinformed of the nature of the allegations, to respond to the allegations and an impartial investigation. If the complaint is found to be unsubstantiated, the respondent would be entitled to an apology, reinstatement of any loss of privileges and the removal of all records of the matter from relevant files in accordance with record keeping procedures.

Preventing Harassment 

All staff are responsible for preventing harassment in the workplace and are strongly encouraged to contribute to the achievement of a productive, safe and equitable work environment by monitoring and avoiding practices which lead to, or support harassment.

Further Information 

The following people can help you if you have a concern or complaint about harassment.

Office of the Director of Equal Opportunity in Public Employment

Ph 9248 3555 TTY 9248 3544

The Anti-Discrimination Board

Ph 9318 5444 TTY 9310 2376

Human Rights and Equal Opportunity Commission

Ph 9284 9600 TTY 9221 6094 Grievance Manager Contact Officer

Ms Helen Silver Mr Peter Rawsthorne Ph 9228 3365 Ph 9228 5530

Grievance and Dispute Resolution Procedures

for Staff of Ministers' Offices

Introduction 

The Ministerial and Parliamentary Services Division of the Premier's Department is committed to maintaining a harmonious working environment in Ministers' Offices which is free from intimidation and harassment. The Premier's Department recognises the rights of staff of Ministers' Offices to express their concern about work-related issues and to raise grievances within procedures designed to resolve problems and to protect the rights of those involved.

These procedures provide for both informal and formal methods for dealing with grievances, and concerns. These Procedures reflect the sector-wide guidelines issued by the Premier (Memorandum 96-11) in July 1996 and have been developed in consultation with the Director Of Equal Opportunity in Public Employment.

Objectives 

The objectives of these procedures are to:

• provide a means for resolving work related complaints and problems promptly,
• impartially, justly, confidentially and with the appropriate sensitivity
• provide informal and formal mechanisms to manage and resolve problems so
• that no parties are favoured
• define the responsibilities and rights of Staff, Supervisors and Managers in
• Ministers' Offices in resolving grievances and disputes.

What is a Grievance ? 

A grievance is a clear statement, oral or written, by an employee, or employees, of a work related concern or complaint, including those involving:

• the interpretation and application of any personnel policies, including the allocation of work, job design, performance management, job evaluation outcomes and matters related to flexible work practices;
• a workplace communication or interpersonal conflict;
• an occupational health and safety issue; or
• an allegation of discrimination within the meaning of the: Anti-Discrimination Act 1977, including harassment.

What is a Dispute ? 

A dispute a is clear statement, oral or written, by an employee(s) on a question, difficulty or conflict with the interpretation, application or operation of an award or other agreement. It may arise from the failure of a negotiation process for an industrial award or agreement.

Roles and Responsibilities

Grievance Manager 

The Director General will, from time to time, appoint a Grievance Manager for all cases relating to Ministers' Offices. The Grievance Managers' role is to:

• assist the resolution of serious grievances, or grievances which could not be resolved at less senior levels;

• appoint a person to examine and make recommendations concerning formal grievances. Such a person will be appropriately ,experienced and trained;

• monitor the system to ensure that everyone involved is satisfied that

these procedures are being followed;

• ensure that the resolution of grievances is handled in a fair, impartial, just, and confidential manner;

• evaluate the procedures and recommend changes to improve their effectiveness; and, report to corporate management on trends in employee concerns and grievances, and recommend preventive action where necessary.

The Grievance Manager is Ms Helen Silver, Director Ministerial Services, NSWPremier's Department. Ms Silver can be contacted by phone on (02) 9228 3365 or by email to [email protected]

Managers and Supervisors 

Managers and Supervisors have primary responsibility for conflict resolution in their offices. They are also responsible for providing advice and assistance to people who have a work-related concern or are considering lodging a grievance, for receiving grievances and, where appropriate, informally resolving them.

Director General, NSW Premier's Department 

As the employer of Ministerial Staff, the Director-General is responsible for decisions made to finalise grievances and disputes through formal processes. Where grievances or disputes involve senior executives, the Director-General may deal with the complaint from an early stage or may delegate the responsibility to a suitable person within or outside the agency.

Contact Officers

Contact Officers will provide confidential advice to employees about their concern or grievance and the procedures for dealing with them. They will listen to the issues, help the person clarify the facts and decide how they want to deal withthe matter. Contact officers are not advocates for a person making a complaint, and will not attempt to resolve grievances.

The Contact Officers are Peter Rawsthome and Kevin Hogart, Ministerial Services, NSW Premier's Department. Mr Rawsthorne can be contacted by phone on (02) 9228 5530 or by email to [email protected], Mr Hogan can be contacted on phone (02) 9228 4738 or email [email protected]

Employees 

Staff with work-related concerns and grievances are encouraged to seek advice and to have their issues dealt with through the prescribed channels.

Support people 

The role of the support person should be agreed between the support person and the person they are supporting; for example, if they are to be an advocate, to speak on behalf of the person, or a silent observer, to be present as a witness.

Managing Disputes and Grievances 

Employees will be provided with practical assistance to enable them to make effective use of these procedures. Such assistance includes language or sign interpreters if required; assistance in preparing the notification and proposed remedy. The employee should choose an appropriate support officer/observer to be present at all meetings.

A person who is the subject of a grievance also has the right to impartiality, and representation/support at all stages of a procedure, and at all: :meetings.

While a procedure is being followed, normal work must continue.

Confidentiality 

Information about a grievance will be restricted to people who genuinely need to know of the grievance to resolve it. The parties involved in any dispute or grievance procedure should recognise that maintaining the confidentiality of all those involved is a fundamental element of these procedures and is often important to achieving a resolution.

Victimisation 

Victimisation will be treated as a serious disciplinary matter and will be dealt with promptly. Managers must ensure that a person raising a grievance is not penalised for doing so, and retains Pall access to all entitlements and benefits. Managers and supervisors must also ensure that a person who is the subject of a complaint is not victimised or disadvantaged during any grievance procedure.

Grievances related to alleged Discrimination 

Grievances related to alleged discrimination within the meaning of the NSW Anti- Discrimination Act, 1977, may be dealt with under the provisions of the Industrial Relations Act 1996 or under the NSW Anti-Discrimination Act. Expert advice for staff and managers is available from the Anti-Discrimination Board, regardless of which avenue of complaint is followed.

Early advice from the Anti-Discrimination Board can enable a complaint to beresolved effectively, without necessitating a formal complaint under the Anti- Discrimination Act.

Record Keeping 

A confidential grievance report will be kept for each completed grievance. Such reports will be kept on a separate grievance file, not on personal or other departmental files. This file will be held confidentially' and securely by the Assistant Director-General, Ministerial and Parliamentary Services. Computer records will be kept securely on floppy disk, not on any hard drive or server.

Statistical Information will be maintained to identify and monitor any trends, and to enable appropriate action to be taken to prevent fi. further occurrences. This data will be anonymous, and will be limited to the occurrence of an incident, its nature and a code for the workplace in which it occurred.

Records of informal grievance resolution will be limited to the names of the parties, the nature of the complaint, sufficient detail of the process to show it was unbiased and respected the rights of both parties, and a brief outline of the outcome. The record will be shown to both parties who can make comments and have them recorded if they disagree. Apart from the statistical details, records of informal grievances will be not be kept for longer than 12 months after the date of finalisation.

Records of Formal Grievances will include the names of the parties; the details of the complaint; sufficient information to establish that a satisfactory process took place; the outcome and reasons for decision; and any recommendation for further action. If a complaint is substantiated and disciplinary action taken, a record of the outcomes of the disciplinary action (not the full details of the case) will be placed on the personal file of the person who was disciplined.

When a complaint is substantiated but disciplinary action is not considered justified, a reference to the grievance file where the records are kept is to be placed on the individual's personal file. The full record will be kept securely on the grievance file.

When a complaint is not substantiated, the information collected will not be used in any action taken on any subsequent complaint. Apart from the statistical details, such records will be not be kept for longer than 12 months after the date of finalisation.

Grievance and Dispute Resolution Procedures 

Informal and Formal Procedures are outlined below. Employee(s) may nominate the course of action they wish to undertake, given the nature and scope of the grievance or dispute being experienced. An initial choice of an informal process does not preclude the withdrawal of the complaint, or a request, at any stage, that formal procedures be used. During any stage of the grievance procedure an employee may be assisted by an industrial organisation of employees (union) or another agent.

Informal Procedures 

Informal resolution of complaints at the local level can be the most effective way of dealing with many issues. While this approach is informal, grievances raised in this manner will be taken seriously and every effort made to resolve them.

Step 1. If you can, try to sort it out directly with the person involved.

If possible tell the person(s) the substance of the problem. For example, where the matter relates to interpersonal issues, such as harassment, tell them you find their behaviour unacceptable or offensive. Often, people don't mean to do things that hurt or offend others, this does not mean their behaviour is acceptable. Telling them so can give them a chance to stop or to change what they are doing.

Step 2. Seek assistance 

Ask for help if you feel that you cannot approach the person yourself, or if this approach doesn't work. You can, seek assistance from your supervisor, or if this isn't appropriate talk to a contact officer, any other supervisor or manager, a senior staff member in Human Resources, CCSU, or a Union Representative. They will either offer their assistance or that of another trained person to attempt to obtain an acceptable resolution for all parties.

Step. 3. Mediation 

If the complaint is not resolved at this stage, the assistance of an independent and accredited mediator can be used to assist the parties to reach a satisfactory solution. The mediator must be acceptable to all of the parties and may be from the Department, another public sector agency or be an individual from outside the NSW public sector.

If mediation is unsuccessful, the person n making the complaint can request the use of Formal Grievance and Dispute Resolution Procedures.

As a guide, every effort should be made to resolve grievances raised through the informal procedures within 2 weeks. If still unresolved, and progress is not being made towards a resolution, the grievance receiver should refer the matter to a Grievance Manager.

Formal Procedures

Step 1: Notification 

The employee(s) will notify their immediate supervisor, or other appropriateperson, orally or in writing, of the substance of the grievance or dispute, and request a meeting to clarify the grievance and the remedy sought.

Meeting 

The immediate supervisor or person to whom the matter has been referred is to hold a meeting with the employee(s) and at their request a support person. This meeting is to be held where practicable within 4 hours of receipt of the grievance.

If an informal attempt to resolve the matter has not been made, such an approach may be suggested at this stage.

Step 2: Examination 

Following the clarification of the grievance at Step 1, the, person receiving the complaint will consult with the Grievance manager.

The Grievance Manager will, with the agreement of the person making the complaint and within 48 hours, decide who is to fully examine the matter and make recommendations for its resolution.

The Examination will involve:

• informing the party who is the subject of the complaint of its nature;
• providing this person(s) with the opportunity to answer the allegations;
• interviewing people who can help to ascertain the facts;
• obtaining documentation that is necessary; and
• identifying options for the resolution of the matter and discussing these with the parties

Step 3: Making recommendations 

The person examining the grievance will report the facts of the matter, options for resolution and recommended options to the Grievance Manager or their delegate. With the approval of the Grievance Manager, the preferred option for resolution will be discussed with the parties, including a union delegate or other support person where involved.

Any objection by the parties will be noted and taken into account by the Director General or Grievance Manager in making a final decision on the matter.

Step 4: Referral

If the matter remains unresolved to the satisfaction of the parties and the parties agree, it may be referred to a mutually acceptable independent mediator/arbitrator or to the appropriate Industrial Tribunal.

If the matter concerns unlawful discrimination the complainant will be informed of their right to make a complaint to the Anti-Discrimination Board.

Step 5: Monitoring and Evaluation 

Once the matter has been resolved the relevant parties will continue to monitor the environment under which the grievance or dispute occurred for a period of time, to ensure compliance with the remedy.

Feedback on the process will be sought from the parties to identify where any improvements can be made.

Further Information 

The following people can help you if you have a concern, grievance or dispute. Office of the Director of Equal Opportunity in Public Employment

Ph 9248 3555 TTY 9248 3544 The Anti-Discrimination BoardPh 9318 5444 TTY9310 2376

Human Rights and Equal Opportunity Commission

Ph 9284 9600 TTY 9221 6094