Grievance Management Policy

ATC Midwest aims to foster good relations amongst stakeholders, employees and
management. ATC Midwest acknowledges that the enjoyment experienced in the
workplace influences how well a person may work and how well they relate to their
colleagues and customers.

ATC Midwest also acknowledges that problems may arise in this environment which
may sometimes cause a person to feel aggrieved. These problems may arise from the
behaviour or decisions of stakeholders, management or employees.

The purpose of this policy is to allow employees and stakeholders to have such
problems, referred to as grievances, addressed in-house in a timely and confidential
manner. This may avoid the need for assistance outside the company.

This Grievance Management Policy gives advice on what to do if there is a grievance
and the due process if a formal complaint is made.

How may a grievance be handled?
If a grievance is presented, it will be treated with the utmost confidentiality. It is
important confidentiality is maintained at all times in order to avoid idle gossip and the
possibility of defamation proceedings.

When a formal complaint is received it will be taken seriously and investigated in an
impartial manner. This may mean that the person complained about and any
witnesses may be interviewed. A decision will not be made until the investigation is
complete.

The complainant will not be treated unfairly or victimised as a result.

The principles of natural justice will apply to all aspects of this policy.

Each complaint will be dealt with in as short a time as is possible in the circumstances.

Process / Procedure
The following process will apply when a grievance arises.

a. The complainant should speak to the person causing the problem.
While it is acknowledged that this may not be appropriate in many cases, it may be
the easiest way to resolve the issue.
The respondent should be informed of the reasons why the complainant feels their
behaviour, decision, actions, etc. was unfair, offensive, discriminatory etc. The person
may have been totally unaware of the effect of their behaviour or decision, and by
approaching and informing them they may be given the opportunity to redress the
situation.

b. Speak to the Supervisor or the General Manager
If the complainant does not wish to speak to the person directly, they may inform the
Supervisor or the GM about the grievance. The Supervisor may then notify the
complainant what their options are. With the complainant’s agreement, the Supervisor
may approach the person the grievance is about and talk to them informally about the
situation. If the grievance is with the GM, the complainant will be invited to speak to the
Chairperson of the Management Board about the issue as per the HR 5.5.1
Whistleblower Policy. Alternatively, the decision may be to make a formal complaint.

c. Make a formal complaint
A formal complaint may be made by completing the Grievance Form HR 5.7.1 or
equivalent, and reporting it to the GM and or Management Board. The written
complaint should contain a description of the incident(s), decision, behaviour in
question, the time and date of the incident(s) etc, the names of any witnesses, the
complainant’s signature and date of the complaint.

A support person may also be present with the complainant when submitting the
documentation.

The Investigation
Once a formal complaint is made, the matter will be investigated by the GM or a
member of the Management Board. If the GM or Management Board determines that
there is any reason they should not conduct the investigation, such as a conflict of
interest, an independent person will be allocated to conduct the investigation.
The GM, Board Member or independent person will interview the complainant, any
witnesses, the person against whom the complaint is made, and that person’s
supervisor.

In the event a neutral third party is required to review a complaint or an investigation,
a suitable person or agency will be appointed by ATC Midwest at no cost to the
complainant.

Should the complainant wish to engage a person or agency of their own choosing to
carry out such a review, they will be required to make a written request to the ATC
Officer who is handling the complaint outlining their reasons for making the request.
In the event this request is granted, any cost incurred in accommodating this request
will be borne by the complainant.

Outcomes of the Investigation
If the investigation reveals that the complaint is valid, certain actions may be taken,
dependent upon the nature of the complaint. The person against whom the complaint
is made may be required to give a written apology, may be given a written warning,
counselling, demotion, or be dismissed.

If the investigation is inconclusive, ie the complaint cannot be proven due to lack of
substantiating evidence, the resulting decision may be to provide training and monitor
the behaviour of all staff.

If the complaint is determined to have been completely fabricated, appropriate action
may be taken against the complainant. This may include counselling; they may be
required to provide a written apology to the person complained about; there may be
an official warning given, a demotion, or dismissal depending on the seriousness of
the allegations. Refer to Disciplinary Action Policy HR 5.40.

Outside agencies
If the complainant is not satisfied with the resulting decision or by the way in which the
grievance was handled, the complaint may be submitted to an outside agency, such
as the Human Rights and Equal Opportunity Commission, Fair Work Australia or the
Anti-Discrimination Board. The complainant will bear any costs arising from their
decision to exercise their right to refer the issue to these agencies.

Contact Information
The General Mnager is the primary resource centre for this policy. Any questions or inquiries
relating to this policy should be directed to the GM in the first instance.

Reference Documents – Available upon Request
Whistleblower Policy and Procedure HR 5.5.1
Grievance Form HR 5.7.1
Equal Opportunity Policy HR 5.2
Disciplinary Action Policy HR 5.40
Access and Equity principals are incorporated into and implied within this policy.