GRIEVANCE PROCEDURE




ORIGINAL POLICY: MAY 2007

LAST REVIEW DATE: DECEMBER 2007

LAST UPDATED: JANUARY 2008



What is a Grievance/Complaint?

  1. The interpretation of any SWA Policy or Procedure.
  2. A communication of interpersonal conflict.
  3. A member protection issue.
  4. An allegation of discrimination (within the meaning of the Anti Discrimination Act 1977), including harassment.
  5. A perception by any member that equity has not been applied in any decision of the Association or its Committees.

Key Principles:

Confidentiality: Only the people directly involved in the grievance or complaint can have access to the information relevant to that complaint. Your details will be kept completely confidential should it be possible however the principle of natural justice may require disclosure of your details to the party you are making an allegation against. Disclosure of your details is at the discretion of the person handling the complaint.

Impartiality: All sides get the chance to tell their side of the story. No assumptions will be made or any action taken until all relevant information has been collected and considered.

Free of repercussion or victimization: Committee take all necessary steps to ensure the parties involved in a grievance or complaint are not victimized in lodging or assisting with information concerning a grievance or complaint. Disciplinary action should be expected where victimization or repercussion is sought against people involved in a grievance or complaint handling issue.

Vexatious or Malicious Complaints: Discipline should be expected if it is discovered that a party used this process against a person where the facts given were found to be deliberately untrue.

Self Resolution: Opportunity may be given for the complaint or grievance to be resolved between parties without intervention from the Mandurah Swimming Club representatives on an official basis.

Sensitivity: All grievances and complaints will be dealt with appropriately which means with seriousness and sensitivity.

Timely: It is the objective of the Mandurah Swimming Club to deal with any grievance or complaint as quickly as possible.



All grievances shall be in writing, signed and dated, to the:

The President
Mandurah Swimming Club
P.O. Box 216
Mandurah W.A. 6210

Or placed in the 'Comments Box' within the Clubrooms.
The envelope should be marked "Private and Confidential".



Grievance Committee

The Grievance Committee shall consist of the Mandurah Swimming Club Executive Committee



Action By The Club President

  1. The Club President shall notify the Executive Committee on receiving a letter addressed to him. Where the MSC President has received a grievance he shall, as soon as practicable, meet with, or discuss the grievance with the aggrieved party. The MSC President may take whatever steps and conduct whatever investigations necessary to determine the grievance is legitimate.
  2. Where the MSC President determines the grievance is legitimate they shall take all reasonable steps to resolve the grievance to the satisfaction of the complainant.
  3. Where the MSC President determines the grievance is not legitimate they shall advise the aggrieved party in writing accordingly. If the aggrieved party is not satisfied with the Mandurah Swimming Clubs President, determinations then they are entitled to request that the grievance be referred to the MSC Executive Committee.
  4. Where the MSC President is unable to resolve a grievance, he shall report the grievance to the MSC Executive Committee.
  5. All grievances received by the MSC President, and all information surrounding the circumstances of a grievance which is discovered by the MSC President on investigation shall be confidential and may be communicated only to the MSC Executive Committee by report at a formal meeting.
  6. All communications regarding grievances received by the MSC President shall be recorded and filed in a Grievance Register and the MSC President shall retain the grievance correspondence.


Steps for an investigation consistent with the principles of natural justice are:

  1. The complainant is interviewed and the complaint documented in writing.
  2. The allegations are conveyed to the alleged protagonist.
  3. The alleged protagonist is given the opportunity to respond.
  4. If there is a dispute over the facts, statements from witnesses and other relevant evidence is gathered.
  5. A finding is made as to whether the complaint has substance; and
  6. A report documenting the investigation process, the evidence, the finding and the recommended outcome/s is submitted to the MSC Executive Committee for consideration:

    1. Both parties are entitled to support through this process from their chosen support person/adviser.
    2. If the report is endorsed by the decision maker, the organization then carries out the recommendations of the report. These may include such actions as an apology or counseling.
    3. Both the complainant and the respondent have the right to appeal against the findings of the investigator/committee or against the resulting recommended action if they have any concerns about procedure, bias or fairness. Appeals are handled by the Board of Directors of Swimming W.A.
    4. The Board of Management of Swimming W.A. can uphold the decision of the investigator/committee, reverse the decision of the investigator/committee, and/or modify any of the investigator/committees recommendations for disciplinary action or remedial measures.
    5. If the internal investigation, appeal and disciplinary procedures do not achieve a satisfactory outcome for the complainant, or if the complainant believes it would be impossible to get an impartial investigation within Swimming W.A., he/she may choose to approach the Australian Sports Commission to assist with a resolution.
    6. A grievance which raises an allegation of criminal conduct must be referred directly to the President of Swimming W.A. or his or her delegate.