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Complaints resolution Introduction BRC Recruitment Pty Ltd encourages all persons covered by our Equal Employment Opportunity (EEO) Policy to attempt to resolve discrimination and harassment complaints and concerns through the company utilising this procedure. Employees, contractors, volunteers and on-hired workers are all covered by our Equal Employment Opportunity Policy and are therefore encouraged to make complaints of discrimination and harassment in accordance with this procedure. All complaints will be treated confidentially, fairly, objectively, consistently, and will be resolved as speedily as possible without compromising fairness. Any person who raises an issue of discrimination, harassment, bullying or vilification in good faith will not be victimised or otherwise unfairly treated or disadvantaged. All complaints of victimisation will be taken seriously, investigated and acted upon as quickly as possible. However, it is important to know that individuals or groups should not knowingly make a complaint or allegation that is false or malicious. False or malicious complaints that are without any foundation may result in the complainant being subjected to disciplinary action. Every worker and visitor to our workplace, and the workplaces of our clients, should feel welcome, supported and emotionally and physically secure within such workplaces. The wellbeing of all workers and visitors is a priority for BRC Recruitment Pty Ltd. We understand that employees and contractors cannot achieve their potential if someone is treating them unfairly, discriminating against them, vilifying, harassing or victimising them. Complaints procedures exist to provide an avenue to address unacceptable behaviour. Complaints procedures are designed to explain what to do if you believe you have been discriminated against, harassed, sexually harassed, as explained in our Equal Employment Opportunity Policy and your complaint is about your employment. A copy of our Equal Employment Opportunity Policy is available upon request.
Working with Clients (On Hired Workers) In some circumstances Equal Employment Opportunity complaints are made by on-hired workers working on assignment with one of our clients. Where a complaint is made by one of our on-hired workers it may involve persons employed or engaged by our clients who are governed by our client’s complaints resolution procedure rather than ours. In circumstances where our on hired worker makes a complaint we will apply our complaints resolution procedure. We will work with our client and their complaints resolution procedure (where applicable) to resolve the complaint.
The Process for Resolving Complaints You have the right to be part of a safe and inclusive workplace that is free of discrimination, harassment and sexual harassment. This includes treating you unfairly, excluding you or making you feel bad because of a personal characteristic such as your sex, race, sexual orientation or physical features, just to name a few. We will take any complaint under this Policy very seriously and will invoke either the informal or formal complaints procedure outlined below. If an informal approach is taken but the desired result is not achieved, then a formal approach can be adopted. If the complaint is sufficiently serious, a formal approach may be taken without first invoking the informal approach.
Informal Complaints Procedure If you believe someone is discriminating against you or harassing you and it is safe for you to do so, tell the other person to stop their behaviour. Let them know that their behaviour offends you. They may not realise this. If the behaviour doesn’t stop or you are not sure what to do, report it to your Manager, Supervisor or nominated Equal Employment Opportunity representative. In the case of on-hired workers, notify the consultant who placed you in to the assignment. On-hired workers may also consider notifying a representative of the host organisation (client company) but if this is done it is essential that you also notify BRC Recruitment Pty Ltd. When you meet with this person to discuss your complaint, he or she will explain the relevant steps that will be taken to address your complaint. This person will not act as a mediator or investigator and will not make disciplinary decisions in relation to your complaint. This person may assist you in handling your complaint directly with the person(s) involved.
Formal Complaint Procedure In this situation, the Supervisor or Manager, or a formally delegated person, is appointed to take details of the complaint and formally investigate the matter. If the allegation is against the Supervisor or Manager an outside third party may be engaged to take the complaint and formally investigate the matter. The investigation is a confidential process where details of the complaint are taken and provided to the respondent for a formal response. It is investigated by an independent and impartial person whose task is to establish what evidence or facts can be found that may either substantiate or refute the allegations. The parties involved in the investigation process will be asked to maintain confidentiality with respect to the complaint and the investigation. We may, however, need to divulge the contents of the complaint and responses in order to complete a full investigation. The principle of natural justice demands that the process be based upon an assumption of innocence unless and until evidence shows otherwise. Reported findings then form the basis of appropriate action by us to respond to both the individual and organisational matters addressed in the findings.
Possible Outcomes The possible outcomes will depend upon the nature of the complaint. Where an investigation has found that a complaint is substantiated, appropriate action will be taken against the person about whom the complaint was made. This may include disciplinary action up to and including dismissal of employment in serious cases. If you are an on-hired worker, where you agree, you will be removed from the assignment where the breach of policy occurred and we will make every effort to find a suitable alternative assignment as speedily as possible. BRC Recruitment Pty Ltd will arrange counselling and support, where appropriate or where requested, for any complainant who has experienced harassment. We will monitor how the complaint was resolved and the wellbeing of those involved. Further action will be taken if the problem behaviour continues.
Victimisation Victimisation is treating someone unfairly because that person, or someone they associate with, has made, or intends to make, a complaint under this Policy. It is unlawful to victimise or penalise a person for making a complaint in good faith. We are committed to making sure that anyone who makes a complaint or assists in making a genuine complaint is supported and not penalised in any way. Immediate disciplinary action will be taken against any employee who victimises or retaliates against a person who has made a complaint.
Vexatious Complaints Inaccurate, misleading, malicious or false accusations have negative consequences for the person(s) concerned, interpersonal relationships and the morale of the office. Where it is found that a complaint has been made in bad faith to cause distress to one or more persons, or as a practical joke, disciplinary measures will be taken.
Appeal If you are unhappy with the decision about your complaint, you may notify management and ask for a formal position to be provided on the outcome or you may make an external complaint.
Other Avenues We encourage all persons to attempt to resolve complaints and concerns through the company if possible. However, t is also your right to seek help from outside the company.
Remember, you are not alone. If you have a problem or complaint, talking to someone, especially your employer can help. If you do not want to talk to anyone about it, you can find more information at www.hreoc.gov.au or in your State equal opportunity Commission.
Copyright © 2006, BRC Recruitment PTY Ltd. |
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