Discussion
Evaluate the Policy Development and Implementation Strategy related to workplace inequity and discrimination for the successful management of the industrial relations.
The past three decades have undergone radical shifts and transformations in the understanding of factors influencing employment discrimination in organizations. It has become increasingly ambiguous to the domain of decision makers that employee discrimination at workplace is a critical as well as exclusive concern that requires detailed concentration. The notions behind discrimination with an employee context can be defined as the treating an individual or a group in recruiting, appointing or any other terms and conditions of employment due to the individual’s ethnicity, sex, religion, national origin, disability. However, these categories are further referred to as safeguarded classifications because they are singled out for safeguard by Equal Employment Opportunity (EEO) laws (Dipboye and Colella 2013). Discrimination can develop in several forms and can further influence any employee in an organization. However, some forms of inequity or discrimination reveal evident indications of inappropriate behaviour whereas the other signs of discrimination are considered to be more delicate. The Equal Employment Opportunity commission further signifies that it is against the laws to pose discrimination or biasness towards an employee on the basis of racism, religious, or ethnicity factors. Furthermore, sexual harassment is also considered to be prohibited under similar pretences as anti-discrimination laws. However, the need for effective workplace regulations and policies have been receiving significant rate of recognition in today’s shifting workplaces. These are been primarily motivated by transformations to legislation, regulation and codes of practice (Landsbergis, Grzywacz and LaMontagne 2014). For instance, the recent shifts towards industrial relations legislation as well as the advancement towards the nationalized system have lead to the emergence of workplace related issues of biasness, inequity, discrimination, employee privileges and unreasonable dismissals that must be enveloped by efficient policies and regulations. However, The Fair Work Act 2009 further issues associated with the various forms of leave entitlements (Ozeren 2014). It is immensely significant to have senior management support, specifically pertaining to the areas where guidelines relate to employee behaviour and actions. The report aims to evaluate the Policy Development and Implementation Strategy related to workplace inequity and discrimination for the successful management of the industrial relations.
Overview of the Australian Industrial Relations Structure
The Australian national workplace relations system has been recognized by the Fair Work Act 2009, along with other significant legislatures and further envelops the majority of the private sector employee as well as employers in Australia (Linstead, Maréchal and Griffin 2014). As mentioned in the Fair Work Act 2009, the fundamental factors related to workplace relations framework are
- A protection and well-being network of minimum terms and conditions of employment (Australia 2013)
- An effective system of enterprise-level combined negotiation which has been supported and encouraged by bargaining obligations and rules which governs industrial actions.
- Terms and regulations for individual flexibility processing as an approach to permit an employee as well as the employer to perform flexible work arrangements that would effectively accomplish the demands (Krings et al. 2014).
Policy Development and Implementation Strategy
Australia organizations relation laws are further ratified by Commonwealth Parliament whereby the realistic purpose of the Fair Work Act in organizations has been administered by the Fair Work Commission as well as Registered Organizations Commission (Australia 2013). It has further been stated that the Fair Work Commission performs as an autonomous nationalized workplace associations committee and further possess the authority to execute array of operations in regards to workplace affairs like the protection network of lowest conditions, organizational negotiations, developed or industrialized actions, decree of disagreements along with issues related to termination of employment (Boone et al. 2013). Furthermore, the Commission further performs a range of activities associated to unions and workers organizations such as the registration, incorporation, procedures and purposes for Workplace Health and Safety (WHS) as well as entry authorizations.
The Registered Organizations Commission administers and informs registered enterprises regarding their stated accountabilities namely record keeping, investments and determination. It is important to note that the Fair Work Amendment (Safeguarding Vulnerable Workers) Act 2017 which initiated in 2017 further amends the Fair Work Act in order to incorporate vital deterrence for unauthorized and manipulative practices (Okechukwu et al. 2014). However, the recent legislatures reinforce fortifications in the Fair Work Act by further serving intended for an increased level of punishments for severe breach of approved workplace laws.
Discrimination and Harassment in Transport and Logistics Industry
This policy statement applies to all employees appointed under the Fair Work Act acknowledges and promotes the prevention of inequity, discrimination and harassment and concentrates on the rapid resolutions of grievances. This regulative statement however does not create any prevention to an employee from registering a complaint or grievance under the Australian Commission Act 2005, though employees are not provided with any privileges to the duplication procedures whereby an employee directs a grievance and objection of discrimination or any forms of act related to the persecution or exploitation to the Australian Human Rights Committee (Nankervis et al. 2013). Further the areas where they are involved as a critical factor of certain grievances, the complaint will not be allowed to be practiced through the official procedures specified under this legislature or the pertinent shared agreement. Furthermore, detailed information related to the grievance is to be treated in the authoritative and unyielding confidence (Wang et al. 2016).
Aims and Objectives of the Policy
This policy statement aims to cover the following:
- Discrimination, exploitation and harassment for excluded employees
- The grievance procedures for the excluded employees as well as
- The negotiation and mediation procedures for agreement unit employee base
A provision further associated with acts of discrimination and harassment, further involving the grievance procedures for negotiating unit employees comprises in each of the pertinent collective contracts. It must be noted that if there occurs any forms of disagreement, the collective agreement will take effective primacy over this policy proclamation. An employee who will express experiences and registers documented complaint which would further be perceived by a rational to be spiteful or vexatious may be subjected to disciplinary action.
(I)Registering a Complaint or Grievance of Workplace Discrimination and Inequity
- Certain allegations can be created by employees who have been in direct engagement, and further examine or the ones who obtain validated information that exploitation, inequity and biasness may takes place.
- Assertions or claims of certain acts related to sexual misbehaviour which incorporates sexual harassment, are executed under the policies formed under Sexual Misconduct, Sexual Exploitation as well as Relationship Violence (Ackers 2014).
- Furthermore, employees who intend to formulate documented grievance related to discrimination and aggravation excluding the acts of sexual harassment must engage with reliable agencies if required and on depending on the level of comfort (Sassoon 2013). Employees must also appeal to establish resolutions for the situations with effective discussion with the supervisors or human resource professionals.
(II) Confidentiality
- The organization must recognize the significance of privacy and further support that the detailed information obtained in the association of registering, enquiring and declaration of accusations which will further be considered as immensely private and confidential matter except the need for performing a suitable inquiry in order to serve assistance as well as resources to the complainants and further execute other apt organizational operations or when the organization face obligations to produce information according to the policies and the law (Cascio 2018).
- Taking into consideration whether that similar employee should be accountable for regulations and policy investigations or the grievances or if this responsibility should be regarded as a wider aspect or have been executed within a functioning group (Gough 2014). However, identifying an employee will further ascertain that the organizational record is further developed and its forms the competence for the organization to act responsive to the future regulation and policy investigations.
(III) Retaliation
- The organization has further stated its consent not to accept retaliation in any form against any employee who makes a contention, registers a report, provides assistance to a complainant or further involves in the process of investigation related to employee discrimination or aggravation (Saundry et al. 20140. Furthermore, the organizational policy and state along with the federal law proscribes the act of retaliation against an employee for reporting for acts of discrimination and harassment for involving in an inquiry procedures (Lewin 2015). It is to be noted that the act of retaliation is a grave and critical act of violation which can question the delinquent to maintain discipline, and further incorporating the process of termination of employment that has been self-determining of the virtues of the fundamental allegations.
(IV) Training, Induction and Education
Education is regarded as an integral part of forming prevention towards discrimination and inequity in the workplace. Several induction programs must be implemented for all employees in order to ensure that everyone engaged in the organization has obtained adequate knowledge regarding the rules and regulations and the way those will be applied. It will further guarantee a significant level of stability, reliability along with fair treatment and will further facilitate in the reduction of potentialities for the prejudiced business operations within the organization (Saundry and Wibberley 2014). All the employees who are accountable for implementing and recommending effective workplace human rights regulations or procedures must be underpinned and gather the awareness regarding the policies (Linstead, Maréchal and Griffin 2014). However, certain steps and guidelines must be followed in order to achieve this effectiveness
- By providing recent information regarding acts of human rights concerns and significant legislative judgements or human rights committee decisions involved in the human rights law (Colvin 2013).
- By further guaranteeing that all employees engaged with the organization are skilled enough in handling issues related to discrimination, prejudice and harassment in the workplace.
- Acknowledge programmes like AIDS Service Organization in order to present a workshop and discourses (Byron and Roscigno 2014).
- It must also be noted that effective training and induction program must be developed for all employees.
(V) Accessing Human Rights Information
Knowledge and detailed information must be distributed with utmost ambiguity among the employees who anticipate investigating acts of human rights in the workplace. It is further been suggested to establish an effective grievance procedure in place (McDonald, Charlesworth and Graham 2015). However, this information must be offered in the human resources policy guideline manual and may further incorporate but is not restricted to the overview of the complaint procedure, inquiry process, and safety from acts of retaliation as well as complaint resolution procedure.
- Furthermore, a series of other steps can be taken in consideration to acknowledge the cultural aspects of human rights in the workplace. For example, the company must invite a reliable representative from the Human Rights office in order to provide an integrated in-house training session.
- The organization must acknowledge and support its employees in order to seek out detailed information with either a corporate lawyer or the commission of human rights in regards to certain area of subjects in particular (Okechukwu et al. 2014).
- The organization must further allow an employee to perform under the supervision of an employment advocate while establishing an effective discussion related to employment threats, risks, issues and challenges further making recommendations related to decision making.
Resolving Workplace Complaints and Grievances
All the employees participate in a significant role in the contribution to the optimistic culture and ethics by performing in a professional as well as effective approach. Moreover, managers have the responsibility to develop a constructive cultural ambience within the teams, recognize and further be responsive and prompt while focusing on discrimination. The managers of this organization may deal with a range of workplace issues which are not raised as a accusation with some of the similar characteristics. However, the managers may prefer to implement certain methods and procedures recommended for workplace complaints in order to resolve those concerns. It has been noted that when any serious matter is raised within the managerial position regarded as a workplace complaint as well as the employee base seeks for it be handled under these regulations then the managers of the organization must adhere to the guidelines established in this course of guideline, further taking into consideration the initial evaluation may recognize that the organizational concerns must be dealt with under another policy guidelines.
(Colvin 2013)
Self-Resolution (Level 1) workplace accusations
Grievances segmented at Level 1 can be solved with a rapid approach, locally and directly by the employees who have undergone certain issues related to harassment or biasness. Characteristics of such complaints may incorporate,
- One-off or unbalanced occurrence
- Posses the ability to determine in rapid manner without any managerial supervision.
However, it is anticipated that employees of the organization will focus on the issues without any delay and would further determine such matters at the initial phase and in direct association with the individual they have faced the issue with instead of avoiding such severe problems (Colvin 2013). It is important to note that these resolutions for grievances would further serve the most effective opportunity for a constructive resolution as it concentrates on sustaining and further enhancing the relationships among the employees and reduces the probability that an insignificant and minor problem will further transform into grave matter as well as aims to reduce the effect of the complaints on the process of team functioning and the way it operates (McDonald, Charlesworth and Graham 2015).
At certain situations whereby the employees of the organization do not gather the comfort level or the ability to resolve the issue within personal terms, thereby they must seek managerial assistance from the human resource department. In situations where the complaints have relation with anyone of the managerial level, the employee must establish a conversation with a higher authority by further determining the most effective approach to resolve the complaints with a low-level approach. However, the anticipated outcomes are for the complaints in order to generate utmost efficiency by the employee in a well-productive approach. Moreover, if these issues are not resolved in a rapid manner then the assisted resolution that is Level 2 might be taken into consideration.
At Level 2, the complaints and grievances necessitate managerial participation in the process of handling situations related to serious concerns are brought into light. The characteristics of these forms of grievances may play a vital role where:
- The issue has great complexities
- The organization experiencing conflicting perceptions and opinions
- A distinctive pattern of persistent attitudes or issues are noticed.
- Significance of self-determining preferences have already been proposed or implemented within the organization without any accomplishment or would not provide any suitability in such situational contexts (McDonald, Charlesworth and Graham 2015).
It is significant to note that the characteristics and gravity of the organization complaint and grievance and the suitable options for the resolution which can be determined by further segmenting the issues into one of the three levels. Level 3 has been designed that has a relation to grave matters that fail to fit the proper connotation of the grievances occurring at the workplace- the acts of harassment, delinquency or issues related to performance management (Okechukwu et al. 2014).
Informal or Unofficial Stage
Daily issues, complaints and grievances can be determined with agreeably in an unofficial approach with the direct manager of the employees without the requisite of any official complaint process as a part of the continuous communication procedures between a staff and the manager such as frequent interpersonal time or assistance. Furthermore, the line-manager of the organization should effectively aim to accomplish the needs of the employees following to the issue that is raised in the way that the employee can further explain the characteristic and nature of their accusations and can further determine the most effective approach to address those (McDonald, Charlesworth and Graham 2015). However, it must be noted that the manager must file a written documentation of the primary points of the issues which require serious attention and develop circumspect and judicious inquiry to resolve the matters in an effective and rapid manner and most significantly in with utmost righteousness (Sassoon 2013).
Formal Stage of the Grievance Procedure
With the reception of a detailed and completed Grievance Report Form, the suitable manager is held accountable for the coordination of an effective management procedure of the official grievance resolution level. The manager of the organization must further notify the HR managers and executives and further send them copies of documentation of the complaints which have been filed. The managerial responsibility of the organization involves in requesting the employees to engage in an effective discourse the complaints and grievances within the period of 10 working days (Wang et al. 2016). The discussion which will occur at the meeting will request the complainant to provide appropriate grievances and further provide implications of the way they perceive the issues and anticipate resolution approaches (Puhl et al. 2015). Company at this juncture, must involve in offering vital verbal response to the complainants and develop the foundation of loyalty and trust by guaranteeing earliest effective actions.
Petition or Appeal Stage to handle grievances
The organization will significantly take into consideration the applications and appeals of Grievances which will further be responded by the Director or Head of the Corporate Department of the company excluding the areas where
- The Formal Grievances was heard by the Director and Executive Director
- The Formal Grievance is related to an Executive Director
Following the reception of a Complaint Appeal, the HR department will further determine by performing under the supervision of the Head of the Human Resource Department whether the matter should be paid attention by the sub-committee of the board or the panel members (Boone et al. 2013).
Voluntary Resignation/Abdication
The organization has further focused on the occurrences and experiences that complainant raises his or her grievances for under the Trust’s Grievances and Disputes Procedures and further document their concerns and grievances, whereby the procedures will sustain until a consequence is attained (Wang et al. 2016). Another significant procedure of managing the grievances is that the Trust of the company will aim to perform effectively to resolve the grievances and provide an unbiased working environment to the employee by ensuring equity and justice (Dipboye and Colella 2013). Employees will be given the privileges to attend the meetings and further achieve closures to the complaints as well as the HR Department will be provided with effective recommendations.
Conclusion
Furthermore, the organization must focus on the efficiency of supervision and direction in handling any forms of acts related to discrimination and disputes or severe disagreements among employees with the administration of the HR department and further provides guidance and suggestions related to the development of the regulations and policies which will be sought in the expectancy of any inquiry. The organization will further focus on the quarterly evaluations which will review the level of performance of local supply chains associated with the resolution of grievances and complaints. However, these evaluations will further incorporate the analysis and consequences of all the requests and complaints of grievances offered by the employees.
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