Complaints Procedures
If a rider or volunteer feels comfortable in doing so, it is preferable to raise the issue with the person directly with a view to resolving the issue by discussion. The rider or volunteer should identify the offensive behaviour, explain that the behaviour is unwelcome and offensive and ask that the behaviour stops.
If the behaviour continues, or if the rider or volunteer feels unable to speak to the person(s) directly, they should contact their state rep or an ASA officer with whom they feel comfortable. The manager or officer will provide support and ascertain the nature of the complaint.
Informal Intervention
The manager will explain the rights and responsibilities of the rider or volunteer under the relevant policy and procedures.
Informal intervention may be done through a process of either mediation or conciliation. During informal intervention the respondent will be made aware of the allegations being made against them and given the right to respond. Interventions at this stage should adopt a confidential, non-confrontational approach with a view to resolving the issue.
This procedure will be complete when the alleged harasser respects the individual’s request to cease unwanted and unwelcome behaviour, or when the complainant accepts that the behaviour is not properly described as bullying. If neither of these outcomes occurs, the organisation’s formal procedure should be followed.
Formal Complaints Procedure
The formal complaint procedure involves a formal investigation of the complaint. Formal investigations may be conducted internally (by an ASA officer) or by an external investigator.
An investigation involves collecting information about the complaint and then making a finding based on the available information as to whether the alleged behaviour occurred. Once a finding is made, the investigator will make recommendations about resolving the complaint.
The investigator may need to interview the parties involved (which may include the complainant, the respondent, and any witnesses) to obtain information regarding the complaint. The investigator will comprehensively and accurately document all information obtained during the interviews including the parties involved, timing, location, and nature of conduct complained against.
If the investigator considers it appropriate for the safe and efficient conduct of an investigation, workplace participants may be stood down from work or provided with alternative duties during an investigation in which case they will be paid their normal pay during any such period.
Throughout the investigation process, all parties involved in the investigation will be regularly kept informed about the investigation.
The findings as to whether bullying has occurred will be determined based on the evidence, and on the balance of probabilities.
Based on the findings, possible outcomes of the investigation may include, but will not be limited to, any combination of the following:
- Counselling
- Disciplinary action (including an up to termination of employment)
- Official warning
- Formal apology and/or an undertaking that the behaviour will cease
- Mediation where the parties to the complaint agree to a mutually acceptable resolution.
On completion of the investigation, all parties will be informed about the investigation findings and the outcome of the investigation.
Following an investigation concerning a bullying complaint (irrespective of the findings), the manager concerned will:
- consult with the parties involved to monitor the situation and their wellbeing; and
- educate and remind all employees and volunteers of their obligations and responsibilities in relation to providing a workplace free from bullying
