Complaints and Grievances Policy 06

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CITY OF PLAYFORD

Policy: GRIEVANCE HANDLING POLICY

DATE ADOPTED: 23 March 2010


ADOPTED BY: Council
LAST REVIEW DATE: 23 March 2010
NEXT REVIEW DATE: March 2014
RESPONSIBILITY: Community Engagement

1. POLICY STATEMENT

The City of Playford values its tradition of integrity, responsibility and fair dealing, and will
continue to strive to maintain the highest standards in its dealings with the community. In
order to maintain these standards the City of Playford is dedicated to identifying, investigating
and where possible resolving complaints and grievances.

To this end the City of Playford recognises the importance of transparency in decision
making and the need to provide a fair and objective procedure for the review of all decisions.
This is of utmost importance in our endeavours to retain the trust, confidence and support of
the community.

…………………………………………….………… ………...………………
Chief Executive Officer – Tim Jackson Date

and

……………………………………………………… ………...………………
Chairperson – – Date

or

Minute details if approved by Full Council


2. BACKGROUND

This policy is to assist a customer who is dissatisfied with a product or service offered or
provided by the Council and has spoken to the relevant officer and have not been satisfied
with the response given.

3. DEFINITIONS

A grievance occurs when a customer does not agree with a decision of Council and/or its
employees or is unhappy with the resolution of a complaint/request for work.

4. LEGISLATION AND REFERENCES

The City of Playford’s Grievance Handling Policy, has been adopted in accordance with
section 270 of the Local Government Act as set out below:

Council to establish grievance procedures: (270)

(1) A council must establish procedures for the review of decisions of:

(a) the council;


(b) employees of the council;
(c) other person acting on behalf of the council.

(2) The procedures must address the following matters (and may address other matters):

(a) the manner in which an application for review may be made;


(b) the assignment of a suitable person to reconsider a decision under review;
(c) the matters that must be referred to the council itself for consideration of further
consideration;
(d) the notification of the progress and outcome of an application for review;
(e) the time frames within which notifications will be made and procedures on a review
will be completed.

(3) A council is not entitled to charge a fee on an application for review.

(4) A council, or a person assigned to consider the application, may refuse to consider an
application for review if:

(a) the application is made by an employee of the council and relates to an issue
concerning his or her employment; or
(b) it appears that the application is frivolous or vexatious; or
(c) the applicant does not have a sufficient interest in the matter.

(5) A council must ensure that copies of a document concerning the procedures that apply
under this section are available for inspection (without charge) and purchase (on payment
of a fee fixed by the council) by the public at the principal office of the council.

(6) A council may amend the procedures established by the council under this section from
time to time.

(7) Nothing in this section prevents a person from making a complaint to the Ombudsman at
any time under the Ombudsman Act 1972.

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City of Playford Grievance Handling Policy 2010 2
5. SUMMARY OF PROCEDURE

The City of Playford’s Grievance Handling Procedure has four steps. Throughout these steps
all communication will be required to be conducted in writing.

Step 1: Grievance Received

If a customer does not agree with a decision of Council and/or its employees or is unhappy
with the resolution of a complaint/request for work the grievance process commences.

Step 2: Line Manager Review

The next step is to contact the council officer’s line manager. The Line Manager will reassess
the original decision based on the facts presented to the council officer and any further
information provided by the complainant or the council officer. The decision by the original
officer may be set aside and replaced by the decision made by the Line Manager.
Grievances can be lodged via an appointment with the Line Manager, telephone to Customer
Service Centre or in writing and should be lodged no longer than 90 days of becoming aware
of the matter. Once a grievance has been lodged, the customer will be notified of the time
frames within which notifications will be made and procedures on the review will be
completed.

Grievances may be reviewed again by the Line Manager’s Manger at the discretion of the
Chief Executive Officer or a General Manager (in the event that the General Manager’s
decision is not the original decision under review).

Step 3: Independent Review


A formal review request may be lodged through the Grievance Procedure if a customer is not
satisfied with the line manager review. The grievance will be assessed by the Reviewing
Officer and the complainant will receive written notification outlining the results of the
investigation. In the event that a customer wishes to be notified of the progress of their
grievance or the outcome of an application for review, they should contact the Group
Manager, Community Engagement for further information via the Customer Service Centre or
in writing.

Grievances may be referred to a Reviewing Officer at the discretion of the Chief Executive
Officer or a General Manager (who is not responsible for the department who received the
grievance). The Reviewing Officer is an independent officer nominated by the City of Playford
to review grievances. This person will investigate the grievance and/or grievance received
from a customer.

A Reviewing Officer will be a member of the Reviewing Officer Panel. This Panel will be
determined by the Council. The Chief Executive Officer or General Manager may decide not
to use a Reviewing Officer and may refer the customer to the State Ombudsman.

Grievances that relate to the conduct/behaviour of an individual staff member will be handled
by the relevant Senior Manager and will be dealt with in accordance with the Playford Code
of Conduct. Grievances that relate to an individual Councillor will be handled by the Chief
Executive Officer and will be dealt with in accordance with the Playford Code of Conduct.
Grievances that relate to a decision made by the Chief Executive Officer will be referred to
Council for determination.

In some instances, grievances (for review) will be dealt with by the Council itself. Those
instances will be determined by the Chief Executive Officer and may include: -
ƒ Decision made by the Council by resolution;
ƒ Civic and ceremonial matters;
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City of Playford Grievance Handling Policy 2010 3
ƒ The procedure for review of a decision;
ƒ Issues that in the opinion of the Chief Executive Officer are likely to be of interest to the
wider community;
ƒ A recommendation by the Chief Executive Officer that the Council should not consider a
request for review which falls within any of the above grounds because the application is
frivolous or vexatious or that the Applicant does not have a sufficient interest in the
matter;
ƒ Any other matters at the discretion of the Chief Executive Officer.

Step 4: Unresolved Grievances


If the internal Grievance Procedure mechanism proves unsatisfactory for the Customer, then
the matter can be referred to the State Ombudsman, Legal Counsel and/or the Courts (where
appropriate). The internal review will be suspended pending the outcome of the
Ombudsman’s investigation or the courts decision.

6. REVIEW OF POLICY

The Grievance Handling Policy will be reviewed every four years, from the date of adoption,
by Council.

7. PUBLIC ACCESS TO THE POLICY

The Grievance Handling Policy is available upon request to Council’s Customer Service
Centres or on the City of Playford’s website www.playford.sa.gov.au

8. FURTHER INFORMATION

For further information about the Policy and other options for review, please contact:

Legal and Policy Officer


12 Bishopstone Road , Davoren Park SA 5113,
Telephone: 8256 0333, Fax:8256 0578
Hard copies of the Grievance Handling Policy are available from the City of Playford’s
Customer Service Centres.

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City of Playford Grievance Handling Policy 2010 4
Complaints Process All correspondence in the Grievance Handling Process must be via written communication Appendix 1
Request for action or deci-
sion received by the Council

Complaint received Grievance Handling Process


and addressed by
appropriate Officer Step 2—Line Manager Review
Step 1—
Grievance received Complaint escalates to next level
of authority.
No,
You are still Complaint has now become a Resolved? Yes No Further Action
Resolved?
unhappy with grievance and is
the decision assessed, investigated and
decision made

Yes
No

Step 3—Independent Review


Matter is a
Grievance received by the City
complaint about
of Playford Group Manager,
staff behaviour.
Community Engagement and
No Further Action forwarded to Reviewing Officer
See Customer Service
regarding making a
Code of Conduct
complaint Mediation offered and
undertaken if both parties agree

Matter is Arbitrated.
(ie. Assessed, investigated,
reviewed and decision made by
Reviewing Officer)

Step 4—Unresolved Grievance

Complainant may:
Refer the matter to the State No Further Action
No Resolved? Yes
Ombudsman, Legal Counsel
and/or appropriate Court.

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