Grievance Resolution

1. Grievance Resolution

2. MHRT Grievance Resolution Policy The Mental Health Review Tribunal (MHRT) is committed to ensuring a harmonious, fair and just working environment by ensuring that all staff have access to processes that allow grievances and complaints to be solved in an equitable and timely manner. The MHRT’s approach to grievance resolution promotes: • Fairness and impartiality • The principles of natural justice and procedural fairness • Mediation • Timely and informal resolution • Management commitment to preventing and resolving grievances.

3. Policy Principles The MHRT grievance policy is based on the following principles: • All parties to the grievance process must be treated with respect and impartiality throughout the grievance process. • Confidentiality must be maintained at all times during the process having regard to the need to conduct a full investigation of the matters, and being subject to any legal requirements for disclosure. • Where ever possible the parties will resolve grievances through mediation. • Prior to mediation the aggrieved employee is expected to have made attempts to resolve the grievance him or her self. • The grievance process will be conducted expeditiously and informally and every endeavour made to reach a timely resolution. • All parties to the grievance process will act in good faith throughout the process. • Grievance procedures will be applied fairly with flexibility and integrity.

4. Principles of Procedural Fairness All parties to a grievance under this policy are expected to observe the principles of procedural fairness. These principles include:. • The person the subject of the complaint must be informed of the allegations made against him or her. • He or she must be provided with the opportunity to be heard in relation to the allegations. • He or she must be provided with material, adverse or otherwise that has been submitted as part of the process or that may be relied upon to reach a decision. • All parties to the grievance must be afforded the opportunity to be heard. • The decision maker must take into account all relevant information. • The decision maker must not take into account irrelevant information. • The decision maker must be fair, just and impartial. Matters which are or may be serious misconduct will be managed in accordance with the legislative provision of the Whistleblowers Protection Act 1994 and the Criminal Justice Act 1989.

5. Application The MHRT grievance policy applies to all staff and covers disputes and grievances within the work environment including: • Grievances in respect of administrative decision • Employee conduct including harassment and discrimination • Conduct inconsistent with the MHRT Code of Conduct The resolution of grievances within the MHRT will, wherever possible, be by way of mediation between the parties.

6. Process • The MHRT grievance operational procedure outlines the steps to be taken by an employee who wishes to lodge a complaint and the MHRT process for resolving the grievance. • A grievance can be lodged by an employee, under this process, where the employee believes that: • An administrative decision made by the MHRT which adversely affects them is unfair or unreasonable; or • The conduct of an employee of the MHRT and which adversely affects them is unfair or unreasonable; or • The behaviour of an employee constitutes discrimination, sexual harassment or work place harassment.

7. Questions?You can direct any questions to the Tribunal’s Corporate Services Manager

8. Thank you