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NOAHS ARK RESOURCE CENTRE

CONTENTS
HUMAN RESOURCE POLICIES ........................................................................................... 6
1. Workplace Behaviour .................................................................................................. 7
Purpose of policy .......................................................................................................................... 7
Policy statement ........................................................................................................................... 7
Key concepts and responsibilities: ........................................................................................... 7
1.

Noahs Ark clients and the public: ........................................................................................ 7

2.

Working with Noahs Ark staff, contractors and volunteers ................................................ 8

Implementation Guidelines..................................................................................................... 9
Code of Conduct ................................................................................................................... 10

Noahs Ark Code of Conduct .......................................................................................... 10


Specific requirements ........................................................................................................... 10
Specific Requirements .......................................................................................................... 11
Privacy and Confidentiality ......................................................................................................... 11
Conflict and Disclosure of Interest ............................................................................................. 11
Intellectual Property Rights ........................................................................................................ 11
Smoking ...................................................................................................................................... 12
Standard of dress ........................................................................................................................ 12

Social Media ................................................................................................................. 12


Key factors ........................................................................................................................... 12
Disciplinary Action ................................................................................................................ 13

2.

Access and Equity ................................................................................................... 14


Discrimination, Workplace Bullying, Harassment and Violence................................................. 14
1

Definition of Workplace Bullying ........................................................................................ 15

2.

Definition of Workplace Harassment ................................................................................. 16

3.

Definition of Sexual Harassment ........................................................................................ 16

Managing Instances of Harassment ........................................................................................... 17


Procedure for Avoiding and Handling Violence or Threats of Violence, Perpetrated by Persons
External to Noahs Ark ................................................................................................................ 17
Procedure For Preventing and Dealing With Allegations of Unlawful Discrimination ............... 18

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Noahs Arks Strategies to Eliminate Workplace Harassment and Discrimination..................... 18
Responsibilities of Staff Members .............................................................................................. 18
Responsibilities of Program Managers ....................................................................................... 18
Vicarious Liability ........................................................................................................................ 18
Commitment to Investigate Promptly ........................................................................................ 19
Consequences of Breach of Policy .............................................................................................. 19
Whistleblowing .................................................................................................................... 19
Interaction With Other Policies .................................................................................................. 19
Reporting a Matter ..................................................................................................................... 20
Investigation of Allegations ........................................................................................................ 20
Confidentiality of Whistleblowers Identity and Whistleblowing reports .................................. 20
Whistleblower Protection........................................................................................................... 20
Not Acting in Good Faith or False Reporting .............................................................................. 20

3.

Recruitment and Selection ..................................................................................... 22


Filling a Vacancy ................................................................................................................... 22
Purpose of Policy .................................................................................................................. 22
Policy Statement .................................................................................................................. 22
Position Descriptions ............................................................................................................ 23
Position Description Policy Statement ....................................................................................... 24
Recruitment and Selection Process ....................................................................................... 24
Responsibilities ........................................................................................................................... 24
Selection Panel ........................................................................................................................... 25
Reference checking..................................................................................................................... 25
Notification ................................................................................................................................. 25
Referee Checks by Other Companies ......................................................................................... 25
Induction.............................................................................................................................. 25
Commencement ......................................................................................................................... 26
Casual Employees & Contractors................................................................................................ 26
Work Trials .................................................................................................................................. 26

4.

CONDITI0NS OF EMPLOYMENT ............................................................................... 27


Employment Type................................................................................................................. 27
Full-time Staff Members ............................................................................................................. 27
Part-time Staff Members ............................................................................................................ 27

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Casual Staff Members ................................................................................................................. 27
Contract Employees .................................................................................................................... 27
Minimum Employment Period .............................................................................................. 28
Minimum Employment Period Termination............................................................................... 28
Disagreement with the Evaluation ............................................................................................. 28
Re-hired Team Members ............................................................................................................ 28
Time Off In Lieu........................................................................................................................... 28
Job-Sharing/Permanent Part-time Work .................................................................................... 29
Hours of Work and Rosters......................................................................................................... 29
Punctuality .................................................................................................................................. 29
Shift Swapping ............................................................................................................................ 29
Friends & Family Visits ................................................................................................................ 29
Family Friendly Provisions .......................................................................................................... 30
Requests for Flexible Working Arrangements ............................................................................ 30
Payroll Policies ..................................................................................................................... 31
Tax File Numbers ........................................................................................................................ 31
Salary-Sacrifice............................................................................................................................ 31
Payroll Processing ....................................................................................................................... 31
Higher duties............................................................................................................................... 32
Claiming Work Related Expenses ............................................................................................... 32
Records for Staff Members (Fair Work Act Regulations) ........................................................... 32
What is Included in the Pay Slip? (Fair Work Act Regulations) .................................................. 32
Leave Records ............................................................................................................................. 33
Superannuation Contributions Records ..................................................................................... 33
Individual Flexibility Arrangement Records ................................................................................ 33
Termination Records .................................................................................................................. 34
Access to Records ....................................................................................................................... 34
Personnel files............................................................................................................................. 34
Employee Personal Details ......................................................................................................... 34
Privacy and Record Storage ........................................................................................................ 35
Leave ................................................................................................................................... 35
Personal Leave (Includes Sick Leave, Carers Leave etc.) ........................................................... 36
Leave without pay ...................................................................................................................... 36
Applying for Leave ...................................................................................................................... 36
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Documentary Evidence Required ............................................................................................... 37
Study Leave ................................................................................................................................. 37
Parental Leave and Related Entitlements .................................................................................. 37
Paid Parental Leave .................................................................................................................... 38
Eligibility for Paid Parental Leave scheme .................................................................................. 38
Outside Employment ............................................................................................................ 40
Termination of Employment ................................................................................................. 40
Notice .................................................................................................................................. 41
Notice by the Staff Member ....................................................................................................... 41
Voluntary Resignation/Retirement............................................................................................. 42
Exit Procedures ........................................................................................................................... 42
Casual Staff members ................................................................................................................. 42
Termination during Minimum Employment Period ................................................................... 42
Abandonment of Employment ................................................................................................... 42
Redundancy or Retrenchment.................................................................................................... 42
Death of Staff Members ............................................................................................................. 43
Other Conditions of Employment .......................................................................................... 43
Privacy & Confidentiality ............................................................................................................ 43
Travel .......................................................................................................................................... 44
Use of Private Vehicle ................................................................................................................. 45
Minimum Standards of Accommodation ................................................................................... 45
Expenses Forms .......................................................................................................................... 45
Copyright and Intellectual Property....................................................................................... 46
Copyright .................................................................................................................................... 46
Key Concepts .............................................................................................................................. 46
What is copyright? ...................................................................................................................... 46
Copyright is distinct from physical property .............................................................................. 46
2. What is intellectual property? ................................................................................................ 46

5.

APPRAISAL, LEARNING AND DEVELOPMENT .......................................................... 49


Policy Statement .................................................................................................................. 49
Performance Review ............................................................................................................ 49
Performance Review and Disciplinary Action ............................................................................. 50
Learning & Development ...................................................................................................... 50
Types of Professional Development ........................................................................................... 50

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Unsatisfactory Work Performance ........................................................................................ 51
Performance Counseling............................................................................................................. 52
Unsatisfactory Work Processes .................................................................................................. 52
Dismissal for Unsatisfactory Work Performance ........................................................................ 53

6.

Handling Grievances ........................................................................................... 54


GRIEVANCE AND DISPUTE SETTLING PROCEDURE .................................................................. 54
Purpose of policy .................................................................................................................. 54
Scope of application ............................................................................................................. 55
Policy statement................................................................................................................... 55
EMPLOYEE RESPONSIBILITY IN LODGING A GRIEVANCE ......................................................... 57
Action required by an employee to lodge a grievance ............................................................... 57
Upon receipt of a grievance ....................................................................................................... 58
Mediation as a first option ......................................................................................................... 58
If mediation fails, is not required or is not appropriate ............................................................. 59
Miscellaneous Matters ............................................................................................................... 59
Victimisation ............................................................................................................................... 60
Malicious or Frivolous Allegations .............................................................................................. 60
Grievance Resolution Follow Up................................................................................................. 60
Employee Assistance .................................................................................................................. 60
References .................................................................................................................................. 60

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HUMAN RESOURCE POLICIES


It is important that Noahs Ark Resource Centre (Qld) Inc. (Noahs Ark) be in a position to
attract competent people to work in the organisation as paid staff members or in a voluntary
capacity, and that staff and volunteers are able to operate in a safe, respectful environment.
Noahs Ark management, staff and volunteers work together to set clear achievable goals,
that will appraise and reward staff performance, manage stress and ensure that opportunities
for career development are encouraged, to the extent that the resources of Noahs Ark allow.
Noahs Ark has therefore adopted a series of human resource policies within which
management, staff and volunteers are to undertake their work.
Noahs Ark complies with relevant State and Federal Legislation including;
Federal
Disability Discrimination Act 1992
Education and Care Services National Law
Education and Care Services National Regulations 2011
Fair Work Act 2009 and its 2010 Amendments
Industrial Relations Act 1999
National code of Practice 1997
Privacy Act 1988
Race Discrimination Act 1975
Sex discrimination Act 1994
Copyright Law 1968 and Amendments to 2010
State
Anti-discrimination Act 1991
Commission for Children and Young People and Child Guardian Act 2000
Work Health and Safety Act 2011
We also acknowledge and agree with other government publications including
People of Australia (2012)
Charter of Public Service in a Culturally Diverse Society

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1. WORKPLACE BEHAVIOUR
Treating our people with fairness and respect

Purpose of policy
The Noahs Arks Policies and Code of Conduct describe the obligations and standards defining the
interpersonal and work conduct expected of Noahs Ark staff, volunteers and contractors. These
obligations and standards underpin the policies, procedures, professional development and
learning activities that assist staff, volunteers and contractors in performing their tasks. Together,
they help a person to determine the right course of action to take in given situations.

Policy statement
Noahs Ark expects all employees, contractors and volunteers to present and conduct themselves in
a manner that reflects the values of the organisation and to perform duties in accordance with all
legal, statutory and regulatory requirements. These values apply to client service delivery, all
interactions and dealings on behalf of Noahs Ark and the way in which employees, contractors and
volunteers work together. They are summarised as:

respect for all persons

integrity

diligence

economy and efficiency

Key concepts and responsibilities:


1.

Noahs Ark clients and the public:


In all contact with clients, the staff and volunteers at Noahs Ark abide by the following;

the policies and procedures of Noahs Ark are the framework that must be followed to
protect people who use the service from abuse and uphold their human rights

Noahs Ark takes responsibility for ensuring competent and safe work practices based on
applicable standards, continually striving to enhance staff competencies, knowledge and
skills

Noahs Ark staff and volunteers protect the dignity, privacy and confidentiality of
individuals and other organisations, and disclose any limitations on Noahs Arks ability to
guarantee full confidentiality

Noahs Ark staff and volunteers exercise judgment within their area of expertise and the
limits of their qualifications

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staff and volunteers exercise due care, particularly where clients and members of the
public may rely on the information or advice provided

Noahs Ark regularly evaluates the effectiveness of its services, measuring performance
against objective service outcomes and consulting with the people who use the services.

Noahs Ark promotes continuous improvement in service delivery, encouraging an


organisational culture that fosters professional development and constructive service
innovation

Noahs Ark staff and volunteers promote efficient service delivery without compromising
quality

Noahs Ark staff and volunteers foster the inclusion of people with disabilities and
additional needs in the community

Noahs Ark staff and volunteers fulfil commitments in good faith and in a timely manner.

Noahs Ark staff and volunteers act with honesty, integrity and fairness

Noahs Ark staff and volunteers shall respect the rights of individuals regardless of race,
creed, religion, sex, age, sexual orientation, national origin, or disability

Noahs Ark staff and volunteers ensure that services are delivered in a manner that is
sensitive to cultural differences

2. Working with Noahs Ark staff, contractors and volunteers


In all workplace dealings staff members, contractors, volunteers or anyone engaged by Noahs Ark
in any capacity will:

treat each other honestly and fairly within the workplace, with proper regard for the
rights and obligations of others

be timely and responsive in performing the duties associated or performed on behalf of


Noahs Ark

respect the wide range of backgrounds and views of co-workers and colleagues

ensure that all behaviour is courteous and helpful

work in ways that keep the workplace healthy and safe

seek to maintain and enhance public confidence in Noahs Ark

ensure that any conflicts between personal or professional interests and work duties are
resolved in favour of the Noahs Ark client and public interest

disclose fraud, corruption, misconduct or maladministration following Noahs Arks


written procedures

be fair, impartial and timely in performing all duties, making decisions and allocating
resources in a manner consistent with Noahs Ark policies and goals

be aware of the responsibilities regarding confidentiality, use of information and use of


resources

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in the course of conducting duties not give preference to any person, organisation or
interest (whether pecuniary, commercial, political, religious or other) as a result of any
private association with that person, organisation or interest

exercise proper care and attention at all times

know and understand their own roles and the roles of others, the individual and team
goals

develop and update professional skills

develop leadership skills, particularly if the employee has supervisory or managerial


responsibilities

manage Noahs Arks resources in a way that maintains and enhances their value and
ensures they are not wasted, abused, used improperly or extravagantly

ensure that resources are treated with appropriate care and secured against theft and
misuse

maintain Noahs Ark premises at a high level, ensuring the health, safety and well-being of
staff, clients and the public

Implementation Guidelines
When making a decision, Noahs Ark staff and volunteers should consider if it would pass the
following test to assist in determining if the decision or action proposed would be ethical:

Would your decision or action withstand scrutiny by others in Noahs Ark, your clients or
the wider community?
Would your decision or action ensure compliance with Noahs Ark policies and the
legislation and regulations, with which Noahs Ark and its employees must comply?
Does the decision show leadership through innovative practices, integrity and
consistency, accountability for outcomes, improved efficiency and economy and an
opportunities/risk assessment?
Is your decision fair to clients, the community, colleagues, Noahs Ark, family members
and yourself?

Noahs Ark staff and volunteers should talk to an appropriate person in the organisation if there is
any doubt about an action or decision.

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Code of Conduct

NSpecific
OAHS A
RK CODE OF CONDUCT
requirements
In the course of employment with Noahs Ark and in all dealings with clients, colleagues and the
wider community, all staff, volunteers and contractors should;
1.

respect the rights, needs and dignity of all individuals, treating everyone with courtesy
and without harassment

2.

behave honestly and with integrity

3.

act with care and diligence

4.

comply with all applicable Australian laws and regulations

5.

respect the confidentiality, privacy and security of client information

6.

communicate and co-operate with colleagues and relevant agencies in the best
interests of the clients, Noahs Ark and the wider community

7.

disclose and take reasonable steps to avoid any conflict of interest related to
employment with Noahs Ark

8.

use the Resources of Noahs Ark in a proper manner

9.

not make improper use of information relating to Noahs Ark and its clients

10.

behave in a manner that upholds the values, the integrity and the good reputation of
Noahs Ark

11.

conduct all activities in a safe, competent and accountable manner

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Specific Requirements
Privacy and Confidentiality
Employees are expected to preserve and be personally responsible for the monitoring and
promotion of the privacy and confidentiality of clients or any other persons information obtained
in the course of business. At all times the employee must maintain confidentiality regarding
sensitive organisational issues. Strict adherance to the Privacy Act 1988 is essential.

Conflict and Disclosure of Interest


Staff,volunteers and contractors must abide by the following in order ensure that there is no
conflict or incompatibility between their personal interests and the impartial fulfilment of their
public or professional duties:

staff, volunteers or contractors who have direct or indirect financial interest in a matter to
be considered by the Committee shall not take part in discussion or vote on the issues

the onus is on staff, volunteers and contractors to identify any conflicts of interest, which
may apply

staff, volunteers or contractors shall disclose in a written return or at the relevant


meeting the interests, which might be in conflict with their pubic or professional duties

staff, volunteers or contractors shall not use confidential information to gain advantage
for themselves or for any other person or body; in ways which are inconsistent with their
obligation to act impartially or improperly; to cause harm or detriment to any person or
to Noahs Ark

staff, volunteers or contractors shall not take advantage of their position to improperly
influence other members of staff in the performance of their duties or functions, in order
to gain undue or improper (direct or indirect) advantage or gain for themselves or for any
other person or body

Intellectual Property Rights


Employees are not to use information about Noahs Ark business practices and clients, such as
client lists or materials developed by the organisation, in any way not directly related to their job,
or after their employment with Noahs Ark for other purposes.
As a general principle, the intellectual property rights of material developed by employees as part
of their work belong to Noahs Ark. The intellectual property rights of material developed under
the terms of a grant given to Noahs Ark divest to the funding body, as specified in the grant.
Use of Alcohol and Drugs

Employees and volunteers must not consume or allow the consumption of alcohol,
prescription and non-prescription drugs or prohibited substances to affect their work
performance. Employees and volunteers are not permitted to use, buy or sell prohibited
substances while they are engaged in or attending an activity for Noahs Ark.

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Smoking
Under the Workplace Health and Safety Act, all employees and volunteers are to be
provided with a safe and healthy work environment. As a result smoking is not permitted in
Noahs Ark premises. This policy extends to all Noahs Ark buildings and grounds, cars and
leased buildings and grounds. Queensland legislation prohibits smoking within four (4)
metres of the entrances of a public building.
Standard of dress
Employees of Noahs Ark are expected to project a positive and professional image at all times.
Staff, contractors and volunteers ensure that appropriate standards of dress are observed, taking
into account Workplace Health and Safety requirements, by:

Being clean with neat and tidy clothing appropriate to the work role and environment.
Wearing appropriate footwear, taking account of safety aspects, the requirements of
delivering Noahs Arks programs or requirements of services visited by Noahs Ark staff.
Wearing clothing appropriate to the work situation, dealing with clients or representing
Noahs Ark in an official capacity. Clothing that could be interpreted as sexually
provocative or excessively casual is therefore inappropriate.

For additional information refer to the Policy and Procedures Manuals for individual Noahs Ark Services

SOCIAL MEDIA
Noahs Ark embraces the use of social media as a business communications and community
building tool that encompasses the various activities that integrate technology, social interaction,
and the construction of words, pictures, videos and audio. For many people, participation in social
media technologies is an integral aspect of their professional and social lives.

Key factors
When engaged in use of social media on behalf of Noahs Ark the following conditions include but
are not limited to:

respect for the audience, both visible and invisible

respect copyright and fair use

being responsible for what you write

exercising good judgement

avoiding posting any information not for wide distribution

protecting confidential and proprietary information

adding value to Noahs Ark

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The Social Media profiles and accounts of Noahs Ark are monitored and are not for personal use.
In addition, care must be taken not to blur professional distance and personal opinion or comment.
Staff must become familiar with the Noahs Ark Social Media Policies and Guidelines Handbook.
Link to Social Media Policies and Guidelines Handbook.

Any activity which represents a failure to meet the Social Media obligations may be determined to
be misconduct or serious misconduct, resulting in disciplinary action and possible termination of
employment.

Disciplinary Action
A breach of any aspect of the Code of Conduct or Policies of Noahs Ark will result in some form of
sanction or disciplinary action including possible termination of employment.
Noahs Ark takes the view that imposing sanctions is not primarily about punishing an employee
who fails to meet the required standards of conduct. Sanctions are intended to be proportionate
to the nature of the breach. Not all breaches will necessarily be the subject of formal action.
Depending on the seriousness of the conduct, the employee's employment history and an
assessment of whether the incident is likely to be an isolated one, Management may consider
counselling or a warning to be more appropriate. Other actions, such as specific training, varying
the employee's duties or line of reporting, may also be considered.
The breach may signify that the organisation no longer has confidence that the employee has the
appropriate qualities to perform certain duties or that employment should be terminated.
Sanctions also operate as a deterrent to others and confirm that misconduct is not tolerated.
An employee suspected of having breached the Code of Conduct or Policies is presumed not to
have committed the breach until a determination has been made using Noahs Arks Disciplinary
Procedures Guidelines.

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2. ACCESS AND EQUITY


Noahs Ark aims to ensure that all employees, volunteers, members and stakeholders have
equitable access to Noahs Ark employment processes, services, facilities and programs.
The organisation provides a workplace that fosters fairness, equity and respect for cultural
and social diversity and that is free from unlawful discrimination, harassment and vilification.
Within the Access and Equity framework Noahs Arks Human Resource Policies aim to remove
barriers to employment and also to the design and delivery of services. Strategies ensure
equity of access for all and are considered in all phases of recruitment, employee processes
and service delivery. Each Program Manager is responsible for determining an approach to
ensure this objective is met.
Where an employee believes that Noahs Ark is not meeting the objectives of this policy, a
complaint may be made in accordance with the organisations grievance procedure.

Discrimination, Workplace Bullying, Harassment and Violence


This policy is intended to achieve a workplace free from discrimination and harassment of any kind.
Procedures for investigating complaints of harassment are outlined in the policy. In addition,
procedures are documented for handling threats and violence directed at staff from members of
the public.
Behaviour that constitutes harassment, including written and verbal threats, unwanted touching or
coercive sexual contact, inappropriate comments, sexual advances, potentially offensive or
sexualised jokes, and all forms of physical abuse are not acceptable, and may constitute criminal
behaviour. These behaviours are unacceptable in the workplace and will not be tolerated.
All Noahs Ark employees have a responsibility to prevent harassment in the workplace. Each
person is to examine their own behaviour to ensure that their actions do not offend anyone else,
and to take action to challenge offensive behaviour they may witness in others. Noahs Ark
employees are required to sign and abide by the Code of Conduct which articulates the
requirement for staff to demonstrate respect in accordance with the policy. Staff are responsible
for their own behaviour; if a behaviour may offend, then they are not to do it.
Unlawful discrimination of any kind is completely unacceptable. Allegations of discrimination
should be dealt with in accordance with the Noahs Ark Grievance Procedure.

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Definition of Workplace Bullying

The following definition is included in section 55A (1) of the Occupational Health, Safety and
Welfare Act 1986:
'Workplace bullying means any behaviour that is repeated, systematic and directed towards an
employee or group of employees that a reasonable person, having regard to the circumstances,
would expect to victimise, humiliate, undermine or threaten and which creates a risk to health and
safety.'
Repeated refers to the persistent or ongoing nature of the behaviour and can refer to a range of
different types of behaviour over time.
Systematic refers to having, showing or involving a method or plan. Whether behaviour is
systematic or not will depend on an analysis of the circumstances of each individual case with the
general guideline in mind.
Risk to health and safety includes the risk to the emotional, mental or physical health of the
person(s) in the workplace.
Bullying behaviour can be obvious and aggressive. Examples could include:

abusive, insulting or offensive language

behaviour or language that frightens, humiliates, belittles or degrades, including criticism


that is delivered with by and screaming

teasing or regularly making someone the brunt of practical jokes

displaying material that is degrading or offending

spreading gossip, rumours and innuendo of a malicious nature

Violence, assault and stalking are extreme forms of bullying that constitute a criminal offence. Such
behaviour should be reported directly to the police. Examples include, but are not limited to:

harmful or offensive initiation practices

physical assault or unlawful threats

Workplace bullying can also be subtle and could include behaviour such as:

deliberately excluding, isolating or marginalising a person from normal workplace


activities

intruding on a persons space by pestering, spying or tampering with their personal


effects or work equipment

intimidating a person through inappropriate personal comments, belittling opinions or


unjustified criticism

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Covert behaviour that undermines, treats less favourably or disempowers others, is bullying.
Examples include:

overloading a person with work

setting timelines that are very difficult to achieve, or constantly changing deadlines;

setting tasks that are unreasonably beyond a persons ability

ignoring or isolating a person

deliberately denying access to information, consultation or resources

unfair treatment in relation to accessing workplace entitlements, such as leave or training

2.

Definition of Workplace Harassment

A person is subjected to "workplace harassment" if the person is subjected to repeated behaviour,


other than behaviour amounting to sexual harassment, by any person, including the persons
employer, a co-worker or group of co-workers that:

is unwelcome and unsolicited; and

the person considers to be offensive, intimidating, humiliating or threatening; and

a reasonable person would consider to be offensive, humiliating, intimidating or


threatening

"Workplace harassment" does not include reasonable management action taken in a reasonable
way by Noahs Ark in connection with employment. Legitimate and reasonable management
actions and business processes, may include but are not limited to actions taken to transfer,
demote, discipline, redeploy, retrench or dismiss a worker, and are not considered to be workplace
harassment, provided these actions are conducted in accordance with policies and procedures.

3.

Definition of Sexual Harassment

Sexual harassment is any form of unwelcome sexual attention. It has nothing to do with mutual
attraction or friendship between people. Sexual harassment involves humiliation or offence to the
victim. Cultural perspectives must be taken into consideration; what may be considered fun,
flattering or mild flirting to one person may be highly offensive to another. Sexual harassment can
happen to anyone and is against the law wherever and whenever it occurs.
Sexual harassment does not have to be repeated or ongoing to be against the law. Some actions or
remarks are so offensive that they're clearly sexual harassment, even if they're not repeated. Other
incidents, such as an unwanted invitation or compliment, are probably not harassment if they are
"one-offs". The harassment doesn't have to be deliberate. It can also occur in cases where a
reasonable person would have expected that the behaviour was going to be offensive.
Some sexual harassment matters, such as sexual assault, indecent exposure and stalking are also
criminal offences.

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Instances of harassment should first be reported to the Program Manager who will immediately
inform the CEO and HR Manager. In cases where it is not appropriate to report to the Program
Manager the matter should be reported directly to the CEO. If the matter involves the CEO the
employee and Program Manager may approach the President of Noahs Ark.

Managing Instances of Harassment


In managing instances of harassment the course of action should be as follows:

maintain up to date knowledge of discrimination legislation and current practice in


handling workplace physical and sexual harassment

promote the reporting of harassment with Program Managers being a point of contact for
staff when they require information and or need to report an incident of harassment

develop an appropriate course of action for handling any complaint. This will be initially
attempting to have the employees involved resolve the matter together but if not
possible follow the complaints procedures

inform the Noahs Ark Board of any serious infringement

if a member of the Board is the respondent in a complaint of this nature, it may be


appropriate to bypass the usual reporting processes and report the matter directly to the
President

upon receiving a complaint, the Program Manager or CEO is to document the


circumstances of the incident, and ask the complainant their preferred course of action

where the complaint is to be investigated further, agreement is to be reached on the


most appropriate course of action. This may require outside intervention, for example,
police involvement. Alternatively, the matter may be dealt with via a process of
interviews with any witnesses and the alleged offender

following the interview process, the CEO and Board determine whether any counselling,
workplace restructuring or disciplinary action needs to be taken. If an employee is to be
suspended or dismissed as a result of offensive or violent behaviour, the provisions of the
Noahs Ark grievance procedure relating to summary dismissal and suspension must apply

a confidential record of the incident is to be retained for five years

in order to avoid defamation, the matter must be dealt with confidentially and all parties
involved must act in good faith; that is, complaints and their investigation must be free
from malice. Legal advice should be sought where a serious incident is to be investigated

Procedure for Avoiding and Handling Violence or Threats of Violence, Perpetrated by


Persons External to Noahs Ark
All staff members and volunteers will be briefed on issues relating to the avoidance, identification
and handling of people that pose a personal threat. This briefing is to include telephone and front
counter skills.
Where possible, staff must avoid confrontation with members of the public. Where there is a threat
of harm to yourself or other staff, Police are to be called on promptly for assistance. Critical contact
numbers are displayed near each telephone. Panic devices are installed in each office. It is the
the location and use of panic devices.
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Where a staff member is subject to violence in the workplace the CEO may approve an appropriate
level of counselling or other professional support to the employees involved.

Procedure For Preventing and Dealing With Allegations of Unlawful Discrimination


Unlawful discrimination of any kind is completely unacceptable. Allegations of unlawful
discrimination should be properly investigated and dealt with in accordance with the Noahs Ark
Grievance Procedure.

Noahs Arks Strategies to Eliminate Workplace Harassment and Discrimination


Noahs Ark will take the following actions to prevent and control exposure to the risk of workplace
harassment:

provide all workers with workplace harassment and Anti Discrimination awareness
training

develop a code of conduct for workers to follow

introduce a complaint handling system and inform all workers on how to make a
complaint, the support systems available, options for resolving grievances and the
appeals process, and

regularly review the workplace harassment prevention policy, complaint handling system
and training

Responsibilities of Staff Members


Noahs Ark requires all workers to behave responsibly by complying with this policy, to not tolerate
unacceptable behaviour, to maintain privacy during investigations and to immediately report
incidents of workplace harassment

Responsibilities of Program Managers


Program Managers must ensure that workers are not exposed to workplace harassment. Program
Managers are required to personally demonstrate appropriate behaviour, promote the workplace
harassment prevention policy, treat complaints seriously and ensure where a person lodges or is
witness to a complaint, that this person is not victimised.

Vicarious Liability
Under the Anti-Discrimination legislation, employers can be held liable for the actions (including
sexual harassment) of their staff members or agents. This is called vicarious liability and employers
need to take reasonable steps to ensure that they protect their staff members from sexual
harassment and other types of discrimination and vilification, and to try to make sure their
workplaces are free of this type of behaviour.
An employer or organisation can't avoid their liability under the act, simply because they were not
aware of the harassment done by their staff members.

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Commitment to Investigate Promptly


Any reports of workplace harassment will be treated seriously and investigated promptly, fairly and
impartially. A person making a complaint and/or who is a witness to workplace harassment is not
victimised.

Consequences of Breach of Policy


Disciplinary action will be taken against a person who harasses or bullies a co-worker, client or
supplier or who victimises a person who has made or is a witness to a complaint. Complaints of
alleged workplace harassment found to be malicious, frivolous or vexatious may make the
complainant liable for disciplinary action. Discipline may involve a warning, counselling or dismissal,
depending on the circumstances.

Whistleblowing
Noahs Ark is committed to the highest standards of legal, ethical and moral behaviour. We will not
tolerate unethical, unlawful or undesirable conduct.
This policy outlines our commitment to maintaining an environment in which our staff members,
contractors and the staff members of our contractors, are able to report, without fear of retaliatory
action, concerns about any serious instances of wrongdoing that they believe may be occurring in
Noahs Ark.

Interaction With Other Policies


The whistleblowing policy is not intended to replace other reporting processes, such as those for
dispute resolution, grievances, equal opportunity, discrimination, harassment or bullying; except
where the issue is of a serious matter where existing reporting systems have failed to process the
issue or processed it in an inappropriate, unfair or biased manner.
Whistleblowing is defined as:
"the deliberate, voluntary disclosure of individual or organisational wrongdoing by a person who
has or had privileged access to data, events or information about an actual, suspected or
anticipated wrongdoing within or by an organisation that is within its ability to control."
Wrongdoing includes any conduct that:

Is dishonest, fraudulent or corrupt

Is illegal, such as theft, drug sale or use, violence, harassment, criminal damage to property
or other breaches of state or federal legislation

Is unethical, such as dishonestly altering company records or engaging in questionable


accounting practices, or wilfully breaching Noahs Arks code of conduct or other ethical
statements

Is potentially damaging to Noahs Ark or a staff member, such as unsafe work practices or
substantial wasting of resources

May cause financial loss to Noahs Ark or damage its reputation, or be otherwise
detrimental to Noahs Arks interests

Involves any other kind of serious impropriety

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Reporting a Matter
Any staff member, volunteer or contractor who detects or has reasonable grounds for suspecting
wrongdoing, is encouraged to raise any concerns with their Program Manager through normal
reporting channels.
The Program Manager must report the allegation to the CEO, who is responsible for ensuring the
matter is properly dealt with; which may include appointing an external investigator to inquire into
the allegations.
Where the whistle-blower does not feel comfortable in reporting to their Program Manager, or
where the whistle-blower has previously done so and believes no action has been taken, or where
the whistle-blower wishes to remain anonymous, matters may be reported directly to the CEO.
In the case of alleged or suspected wrongdoing involving senior Noahs Ark management, then the
whistle-blower may contact the President of the Board of Management.

Investigation of Allegations
All reports of wrongdoing will be thoroughly investigated. The investigation will be conducted in a
fair and impartial way, following the principles of natural justice, which means the investigation will
be conducted without bias and that any person against whom an allegation is made will be given
the opportunity to respond
At the end of the investigation, the investigator will report the findings to the CEO or President of
the board of Management who will determine the appropriate response. Noahs Ark is committed
to implementing the findings and recommendations of any investigation to rectify any wrongdoing
as far as are practicable in the circumstances.
Where issues of discipline arise, the response will be in line with the Noahs Ark Discipline
Procedures.

Confidentiality of Whistleblowers Identity and Whistleblowing reports


If a person makes a report of alleged or suspected wrongdoing under this policy, Noahs Ark will
endeavour to protect that persons identity from disclosure.
For further information see Noahs Ark Procedures Manual

Whistleblower Protection
Whistle-blowers who report matters in good faith, and provided they have not been involved in the
conduct reported, will not be penalised or personally disadvantaged.

Not Acting in Good Faith or False Reporting


Where it is established by the investigator that the whistle-blower is not acting in good faith, or
they have made a false report, then they will be subjected to disciplinary proceedings, and face
possible dismissal.
Where the allegations in a report have been investigated and the person who is the subject of the
report is aware of the allegations or the investigation, the investigator must formally advise the
person who is the subject of the disclosure of the outcome of the investigation.
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Scope
The policies apply to all Noahs Ark positions, including paid staff members, contractors and those
working in a voluntary capacity.

Version 003
The Workplace Behaviour and Access and Equity Policy replaces Noahs Ark Policy dated 2007 and
reflects Noahs Arks commitment to comply with all relevant legislation, a workplace that values staff,
and clients, is free from discrimination and promotes equal opportunity.
The Noahs Ark Board of Management has endorsed this policy on 11

Signed:

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th

September 2011

D Griffiths, President Noahs Ark Resource Centre (Qld) Inc

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3.

RECRUITMENT AND SELECTION


Filling a Vacancy

Relates to when a new job is to be created or a vacancy occurs and how that position is to be
filled. It therefore contains Noahs Arks policies on the Employment Process and includes,

Position Descriptions

Recruitment and Selection

Purpose of Policy
This policy outlines the major steps to be taken in appointing a person to a new position or a
vacancy created by a person leaving an existing position.

Policy Statement
All Noahs Ark staff members and volunteers adhere to the Human Resource Policies and also
the Policies and Procedures Manuals established for each service within the organisation.
The policy for recruitment and selection is to appoint the most suitable person for the position
Recruitment takes place after evaluation of the need for the role in accordance with the
organisations Strategic and Business Plans and budgets.
Recruitment practices are based on merit and equal opportunity principles. These principles
require that policies and practices relating to recruitment, employment, career development,
advancement, promotion and retirement are based solely on merit, without regard to race, gender,
impairment, marital status, religious beliefs, political beliefs or other non-merit related
considerations. Noahs Ark maintains a fair and equal workplace in which individuals have the
opportunity to genuinely and effectively apply for employment and training opportunities, free
from any real or perceived discriminatory practices
Selection processes are designed to assess applicants against the selection criteria for the role and
provide evidence of the required capabilities. They are designed to reflect good Human Resource
practice, and are:

transparent

timely and cost efficient

effective

equitable

free from conflict of interest

It is the responsibility of the HR Manager and Selection Panel to ensure that selection processes
meets the above criteria.

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In most cases positions are be advertised internally and externally. Exceptions may include:
1. positions requiring specialised expertise and where the HR Manager Program can certify
that a search has been conducted and the nominated individual is the best person for the
job
2. where the CEO can certify that the work is required for a specific limited purpose of up to
12 months duration
3. other extenuating circumstances where positions may be filled without advertising on
approval by the CEO.
Positions are advertised in appropriate media that include, print media and or web sites and
which are most likely to maximise the field of capable and suitably qualified applicants.
Applicants are treated with respect throughout the recruitment process, provided with sufficient
information to make an informed choice in regard to their suitability for the role, have their
personal documentation held in confidence and have access to feedback.
The management of this process will enhance Noahs Arks reputation as an employer of choice.
Recruitment is conducted by people who are informed about effective and equitable recruitment
processes.
Appointment processes are consistent with Noahs Arks policy and in the mutual best interest of
the organisation and the candidates.
Noahs Ark recruits employees who possess the qualities and qualifications relevant to the
position and the attitudes and behaviours consistent with Noahs Arks purpose and Code of
Conduct.
Noahs Ark provides career development opportunities to staff and volunteers within the
organisation through internal relieving positions and internal advertising where appropriate
and within the resource capacity of Noahs Ark at the time.
Noahs Ark remunerates staff in accordance with the responsibilities and accountabilities of
the role and equitably for the same or similar roles across the organisation.
Remuneration and employment conditions are based on the Industrial Award relevant to the
role.

Position Descriptions
Position Descriptions are a concise description of the, duties, knowledge, skills and abilities needed
to successfully perform the designated role. Every position has a written Position Description to
ensure that the employee, and the Program Manager are clear on expected duties and outcomes
for the role. By gaining clarity of the expectations up front, it is easier for new employees to
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perform at their best. Program Managers may assign additional tasks or duties in line with the skills
and competencies of each employee.

Position Description Policy Statement


A current position description must exist for each Noahs Ark position.
Every position in any service, agency or office of Noahs Ark will have a Position Description that
will include,

Position Title

Date of Review

Award and Salary Level

Background Information

Reporting Relationships

Primary Role

Selection Criteria

Duties & Responsibilities

Skills, Knowledge, Abilities


& Attitude Required

Other Requirements

Employee Signature

Recruitment and Selection Process


Noahs Ark will aim to hire the best available people to perform each role. Selection is based on the
candidates skills, knowledge, abilities and attitude, and ensures there is no discrimination on
grounds unrelated to the requirements of the job.

Responsibilities
It is Noahs Arks policy to ensure that Managers are aware of their responsibilities to employees
and that they are provided with current information and training. Managers will ensure that:

they are familiar with the recruitment policies and procedures and that they follow them
accordingly

staffing levels for each service are determined and authorised by the CEO
It is the responsibility of the HR Manager to ensure that:

a Recruitment and Selection Policy is developed and maintained to meet the objectives
and requirements of Noahs Ark

guidelines and procedures for Recruitment and Selection are developed and maintained

all managers are aware of their responsibilities in the recruitment and selection process

managers are given support and guidance in regard to recruitment and selection issues.

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Selection Panel
The selection panel will identify the best candidate on merit. In most cases selection panels at
Noahs Ark have a minimum of two people and up to four, with at least one member of each panel
trained in appropriate selection techniques. When recruiting, in most instances, the relevant
Program Manager is a member of the selection panel. Selection panel members are approved by
the CEO and /or HR Manager and will have knowledge of the outcomes, requirements of the
position and an understanding of Noahs Arks selection policy and procedures.

Reference checking
It is policy for the CEO and/or HR Manager or delegate to check referees for preferred candidate(s),
confirming previous roles and responsibilities and employment dates and suitability. A Reference
Check form is provided. The Federal Privacy legislation applies to reference checks and the records
held by the organisation.

Notification
The CEO or HR Manager is responsible for notifying candidates of the interview outcome.
Unsuccessful candidates are informed of the decision by mail or telephone. The successful
candidate is informed by telephone with a follow up letter confirming the start date and providing
relevant information. All notes and files relating to selection processes are returned to the HR
Manager at the completion of selection processes for appropriate filing and retention for twelve
months.
An Employment Agreement is mailed to the successful candidate for his/her signature before
commencing with Noahs Ark.

Referee Checks by Other Companies


Only Management staff, ie CEO, HR Manager and Program Managers are authorised to respond on
behalf of Noahs Ark to a reference check request from another person or company for an existing
or past employee of Noahs Ark. The CEO and HR Manager will be informed of any such requests.
No other staff member employed by Noahs Ark shall respond to such requests.

Induction
Time and resources are invested to ensure each newly appointed staff member can learn about the
organisation and its operation, so they quickly become high performing staff members. Noahs Ark
takes seriously its obligation to ensure all staff members understand the systems, procedures and
safe work practices in place at the time. This includes all casual staff, volunteers or contractors,
even if only employed for a short period. During the induction period new employees will be given
a thorough introduction to the Policy Manuals and Procedures for the relevant service.
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Induction checklists specific to each service will be completed and signed by the Program Manager
and Inductee.

Commencement
The Program Manager will ensure all commencement forms are completed and forwarded to the
payroll officer that day and that an induction process is started in accordance with the Policy and
Procedures Manual. The Payroll Officer ensures that the new employee is entered into the payroll
system immediately.

Casual Employees & Contractors


All casual employees and contractors will receive an appropriate induction before commencing the
first shift.

Work Trials
In accordance with industrial legislation, any work trials are considered paid employment, and are
paid under Noahs Arks regular pay and conditions as casual staff.

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4. CONDITI0NS OF EMPLOYMENT
Employment Type
Staff members of Noahs Ark are employed on a full-time, part-time, casual or contract basis. The
maximum ordinary hours worked in any one shift, no matter the employment type, will be ten
hours.
For precise definitions of the types of employment, see the Social Community Home Care and Disability
Services Industry Award 2010 or Childrens Services Award 2010

Full-time Staff Members


Full Time employees work an average of a 38 hour week over a four week period, with reasonable
additional hours as required. Actual hours of work may vary from week to week, with some weeks
greater than 38 hours and other weeks less, an employee will not work more than 152 ordinary
hours in any four week period.

Part-time Staff Members


Part-time staff members work less than 38 hours a week on regular shifts. The ordinary or
minimum hours of work are set at the commencement of employment, and can be between six
hours per week and 38 hours per week, averaged over a four week period. This means that the
actual hours of work may vary from week to week.

Casual Staff Members


Casual Staff members work on an irregular rostered basis, with shifts of no less than three (3) hours
duration. Casual staff are not guaranteed regular employment and are not entitled to sick leave or
annual leave. They are paid an additional loading to compensate them for these disadvantages
(with the loading amount specified in the Social Community Home Care and Disability Services
Industry Award 2010 or Childrens Services Award 2010.
A casual staff member will be engaged to work on an hourly basis at any time and on any day of the
week up to a maximum of 38 hours per week.

Contract Employees
Can be either full-time or part-time and are employed for a fixed time period or project.

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Minimum Employment Period


All new staff members who are under the high income threshold complete a minimum employment
period of six months at the commencement of their employment. See Fair Work Act 2009
The Minimum Employment Period provides both the Employer and Employee with the opportunity
to work out if there is a good match for the position and if employment should be continued.
During the Minimum Employment Period an employee is entitled to

annual leave

sick leave

public holidays occurring during the Minimum Employment Period (full-time and parttime employees only)

Regular Performance Reviews with the Program Manager are conducted during the Minimum
Employment Period following the Minimum Employment Period Appraisal forms and Noahs Ark
Procedures Manual.
At the end of the Minimum Employment Period if the appointment is confirmed at the final review,
the Program Manager informs the HR Manager who will send a letter confirming the appointment.

Minimum Employment Period Termination


At any time during the Minimum Employment Period, the employment relationship can be
terminated without cause by either the employee or Noahs Ark with notice of one (1) day or one
(1) days pay in lieu of notice.

Disagreement with the Evaluation


If an employee disagrees with the Program Managers assessment, they are entitled to attach a
note to the form stating that they disagree with the assessment and the reasons for the
disagreement. The document is filed in the employees Personnel file and a date is set for a further
review if appropriate.

Re-hired Team Members


If an employee is re-hired to the same position after a break in service of less than one (1) year,
they are not required to serve a new Minimum Employment Period, unless the break in service
occurred during the Minimum Employment Period of the previous appointment.
If an employee is hired for a different position after any break in service, or to the same position
after a break of one (1) year or longer, they are required to serve a complete Minimum
Employment Period.

Time Off In Lieu


Ordinary hours of work are from 6.00 AM to 8.30 PM Monday to Saturday. Time Off In Lieu (TOIL)
applies only to Full Time Employees who are required to work outside ordinary hours and have
worked in excess of 76 hours in any pay period. Terms and conditions for TOIL are in accordance
with the SCHD&S Award 2010. TOIL is authorized by the CEO or delegate at least two weeks prior
to the event taking place.

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Job-Sharing/Permanent Part-time Work


If appropriate, job-sharing may be made available for a limited number of positions requiring
particular skill sets. Job-sharing is permanent part-time work where one full-time job is divided
between two or more people, each of whom works an agreed portion of the job and shares
responsibility for the total workload. If parties on a job-sharing arrangement cannot reach
agreement on hours to be worked, then Noahs Ark may prescribe the hours.
An employee authorised to job-share, is a part-time staff member entitled to the benefits and
conditions available to part-time staff.

Hours of Work and Rosters


Hours of work, overtime and public holiday provisions are defined in the Social Community Home
Care and Disability Services Industry Award 2010 and Childrens Services Award 2010.
Hours of work are stated in the Employment Agreement. Variation to suit the needs of business or
seasonal workloads may be negotiated with the Program Manager who maintains a written record
of hours allocated to be initialled by the employee.
Employees are expected to use personal days to schedule business, medical, dental and other
appointments which conflict with the work schedule. If an employee needs to leave early, or arrive
late for any reason, they must first get approval from their Program Manager. In some cases the
Program Manager may agree to the employee making up the lost time within 14 days, provided
that this is recorded on the timesheet.
By prior agreement with the Program Manager, part-time employees may change regular working
days provided the needs of the services are not disrupted.

Punctuality
Employees are expected to be ready for work at the designated time and to work the full number
of hours scheduled. Frequent problems with punctuality are a cause for discipline, up to and
including termination.

Shift Swapping
Requests for days off will be honoured where operationally possible. Except for emergency
situations at least seven days notice is required. The request will be negotiated with the Program
Manager who will adjust the roster to cover duties. If less than seven days notice is given that an
employee is unable to work a shift, and no replacement can be found, then the employee may
required to work that rostered shift.

Friends & Family Visits


Visits by friends and family to the workplace should be minimised and employees should try and
arrange any visits to coordinate with scheduled breaks. All visits must be approved by the Program
Manager or if unexpected the Program Manager must be informed and the Visitor Register signed.
Under no circumstances are friends or family members permitted in restricted areas.
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Family Friendly Provisions


Noahs Ark promotes the importance of work/life balance for staff members. Provided there is no
detriment to operation of services the organisation will:
a. take into account family responsibilities when rostering
b. recognise the impracticality of working excessive overtime
c. allow reasonable personal phone calls where appropriate
d. be receptive to requests for leave during school holidays

Requests for Flexible Working Arrangements


Noahs Ark complies with Division 3 of the National Employment Standards which allows for staff
members who are parents, or have responsibility for the care of a child, to request a change in
working arrangements for the purpose of assisting to care for their child until they reach school
age, and for parents of a disabled child, until the child reaches 18 years of age. An employee may
request changes such as, changes in hours of work, patterns of work or changes to the location of
work if practicable.
Employees may make such a request under the following conditions:
a. Casual employees need to have been working regular and systematic shifts for at least 12
months before making a request, and have a reasonable expectation of continuing
employment with Noahs Ark on a regular and systematic basis
b. Full -time and Part -time employees need to have completed at least 12 months continuous
service before making a request
c. Employees must provide reasons for the request.
Noahs Ark will respond to the request in writing within 21 days, informing the employee if
the request is accepted or refused. Any refusal will be made on reasonable business grounds
and the employee informed of the reasons for refusal.

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Payroll Policies
New staff members complete the following forms on their first day of work.

Personal Contact Details


Financial Details
Tax file Declaration
Pre employment and health details

Wages are paid electronically to the employees nominated bank account fortnightly, in arrears. A
pay-slip is distributed electronically by the Payroll Officer by the Monday following the end of each
pay period.
Superannuation is paid at the current superannuation guarantee contribution level, to the fund
nominated by the employee. If no fund is nominated then a default fund will be assigned.

Tax File Numbers


Employees must provide the Payroll Officer/HR Manager with a signed Tax File Number
Declaration. If a Tax File Number is not received by the Payroll Officer or the employee has not
completed a Tax File Number Application/Enquiry Form, the employee will be taxed at 46.5% or
current ATO rate.

Salary-Sacrifice
Salary Sacrifice is offered to Full-time and Part-time employees. Subject to meeting all necessary
legislative requirements, an employee and Noahs Ark may agree to substitute non-cash benefits in
lieu of a proportion of wages. An employee may apply to Noahs Ark to have their gross salary
reduced by an amount nominated as a salary sacrifice contribution as a benefit to the employee.
The offer of Salary Sacrifice is made when employment with Noahs Ark starts.
The CEO signs off on all Salary Sacrifice Applications. Employees complete an Application for Salary
Sacrifice form prior to their salary being adjusted and provide all necessary payment details. Salary
Sacrifice will be available from the first pay period after signed forms are received by the payroll
officer.
Should changes occur in tax law or practice, such that Noahs Ark incurs a cost or expense, Noahs
Ark will give one months notice to discontinue Salary Sacrifice for all staff participating in the
scheme.
If other changes occur which affect an employees Salary Sacrifice, the employee may, upon one
months notice in writing, terminate or vary the Salary Sacrifice agreement. If terminated, the
Salary Sacrifice agreement will not be offered at a later date. See Noahs Ark Salary Package
Procedures

Payroll Processing
Employees must return all completed time sheets to their Program Manager as advised, prior to
the close of the Payroll Period. The Program Manager advises new employees of the payroll dates.

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The Program Manager must lodge timesheets with the Payroll Officer by 10.00 AM on the Tuesday
prior to the end of each Pay Period. If timesheets are not received the pay will be processed in the
following Pay Period.

Higher duties
At times it may be necessary for an employee to backfill a more senior position. That employee will
be paid at the higher Award Level and Pay Point for the hours worked. A minimum period of ten
(10) consecutive working days applies. The Program Manager is required to inform the Payroll
Department and HR Manager in writing at least two weeks prior to the move to higher duties for
any employee.

Claiming Work Related Expenses


Work related out of pocket expenses will be reimbursed by the Payroll Officer on presentation of
an Expense Claim Form authorised by the Program Manager with relevant Tax Invoices attached.
An EFTPOS receipt does not constitute a Tax Invoice and payment will not be made.

Records for Staff Members (Fair Work Act Regulations)


Industrial Relations legislation requires that the following records must be kept for each staff
member (for a period of seven years):

basic employment details such as the name of the employer and the staff member

commencement date

the nature of the employment (e.g. part-time, full-time, permanent, temporary or casual)

payroll and banking details

overtime hours

leave entitlements

superannuation contributions,

termination of employment (where applicable), and

individual flexibility arrangements and guarantees of annual earnings

What is Included in the Pay Slip? (Fair Work Act Regulations)


Noahs Ark issues a pay slip to each employee within three (3) working days after the end of the Pay
Period that includes:

Noahs Ark's legal and/or trading name

Noahs Ark's Australian Business Number

employee name

the pay period to which the pay slip relates (beginning and end dates)

the date on which the payment to which the pay slip relates was made

the gross amount of the payment

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the net amount of the payment

any amount paid that is a bonus, loading, allowance, penalty rate, incentive-based payment
or other separately identifiable entitlement

if an amount is deducted from the gross amount of the payment, the pay slip will also
include the name, or name and number, of the fund or account into which the deduction
was paid

If paid at an hourly rate of pay, an employees pay slip will also include:

the rate of pay for ordinary hours worked (however described)

the number of hours of employment in that period and the rates, and

the amount of the payment made at that rate

For employees on an annual rate of pay, the pay slip will include the rate as at the latest date to
which the payment relates. If any deductions are made, the payslip includes the name of the
deduction, or the name and number of the fund or the account of each deduction.

Leave Records
Leave, records will include:

leave taken (if any), and

the balance of an employees entitlement to that leave

If Noahs Ark has agreed to cash out an accrued amount of leave, the following records are kept:

a copy of the agreement to cash out the amount of leave, and

a record of the rate of payment for the amount of leave cashed out and when the payment
was made

Superannuation Contributions Records


If a superannuation contribution is made on behalf of an employee a record is kept of:

the amount of the contribution made

the dates on which the contribution was made

the period over which the contributions were made

the name of any fund to which a contribution was made

the basis on which Noahs Ark became liable to make the contribution, including a record
of any election made by an employee (including the date) to have superannuation paid
into a particular fund

Individual Flexibility Arrangement Records


If an employee and Noahs Ark agrees in writing to an individual flexibility arrangement, the
following records are kept:

a copy of the agreement

a copy of any notice or agreement terminating the flexibility agreement

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If Noahs Ark gives a guarantee of annual earnings under the Fair Work Act 2009, the following
record will be kept:

the guarantee

the date of any revocation of the guarantee (where applicable)

Termination Records
Where the employment has been terminated, Noahs Ark will keep a record of:

whether the employment was terminated by consent, by notice, summarily, or in some


other manner (specifying the manner)

the name of the person who terminated the employment, and

other relevant employment records

Access to Records
Industrial Relations legislation provides for staff members and former staff members to have access
to the time and wages records of their own employment.
An employee is permitted to inspect and copy time and wages records pertaining to their own
employment.

Personnel files
The personnel file contains employee name, title and/or position held, salary, changes in
employment status, training received, Performance Reviews, personnel actions affecting the
employee including discipline, and other pertinent employment information. No other personnel
file is kept without the knowledge and approval of the individual employee.
The HR Manager maintains all staff member records. It is the employees responsibility to notify the
HR Manager and Payroll Officer promptly of any changes in information such as personal mailing
addresses, telephone numbers, email address, number and names of dependants, individuals to be
contacted in the event of an emergency, bank details and any critical health information potentially
impacting on employment.

Employee Personal Details


Noahs Ark maintains the following records for each staff member:

employee full name and address


date of birth

the date on which employment was commenced and, if appropriate, the date of
termination

banking and superannuation institute name and account numbers

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Privacy and Record Storage


Personnel records are private and confidential. Persons authorised to access records are persons
employed in the positions listed below,

CEO

HR Manager

Payroll Officer and

Program Manager for employees in their service, and

IT Manager (for purposes of maintaining IT systems only)

Industrial Inspectors and union officials may be able to access personnel records (including
personal information), to determine if there has been a contravention of workplace laws. If
appropriate the employee will be requested to give permission.
Noahs Ark will not release any information to third parties unless the recipient has a business
reason to know and Noahs Ark will take reasonable steps to keep personnel files confidential to
the extent permitted by law.
Routine verifications of employment dates and most recent job title may be given to institutions, eg
a Bank. No other information from personnel file will be released to any person not authorised to
access the information, without a written request for specific information or specific approval.
Personnel files are treated with the strictest confidentiality. Link to Noahs Ark Privacy Statement

Leave
All employees are expected to read and understand the provisions for leave as specified in
a.

The National Employment Standards

b.

Fair Work Act 2009

c.

Relevant Industrial Award

Annual Leave
Every staff member (other than a casual staff member) is entitled to annual leave on full pay as
outlined in the relevant Industrial Award or Agreement
Generally one months notification, in writing, is required before taking annual leave.
It is a policy of Noahs Ark that leave is taken in the in the financial year in which it falls due. Annual
Leave should not accrue beyond a total of eight (8) weeks. If the balance of Annual Leave will
exceed eight weeks by the end of a financial year the employee will be given notice that leave must
be taken.

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Noahs Ark will, wherever possible, take into account an employees wishes when determining the
dates for annual leave. However, Noahs Ark can require an employee to take accrued holidays at
any time, with at least two weeks notice.
Leave may be refused at the discretion of the CEO, in negotiation with a Program Manager, if it
does not suit the needs of business during the period requested. Leave refusal will be on
reasonable organisational grounds.

Personal Leave (Includes Sick Leave, Carers Leave etc.)


Personal/ Carers leave is:
1.

paid leave (sick leave) taken because an employee is unfit for work as a result of a
personal illness, or personal injury, affecting the ability to perform in the workplace, or

2.

paid or unpaid leave (Carers leave) taken to provide care or support to a member of an
employees immediate family, or a member of the employees household, who requires
care or support because of:
a)

a personal illness, or personal injury requiring care or supervision or

b)

an unexpected emergency requiring care or supervision

An employee cannot take unpaid carers leave during a particular period if the employee could
instead take paid personal/carers leave.
Details of the provisions of Personal Leave are outlined in the relevant Industrial Award or
Agreement.
Note: The Notice and Evidence requirements of Section 48 of the National Employment Standards must be complied
with.

Leave without pay


While there is no statutory obligation under the Fair Work Act for Noahs Ark to grant an employee
unpaid leave, apart from the provisions under the National Employment Standards relating to
Unpaid Carers Leave, Noahs Ark may approve unpaid leave at the discretion of the CEO. Unpaid
leave may not be taken until Annual Leave or other leave entitlements are exhausted and must not
interrupt the needs of business. Unpaid leave over 20 working days can be negotiated with the
CEO.

Applying for Leave


All absences from work must be recorded and submitted on the Noahs Ark Leave Application Form.
Applications for leave should be forwarded to the Payroll Officer through the Program Manager in
sufficient time to allow for roster coverage if necessary. For annual leave a minimum of four weeks
notice prior to taking the leave is required, unless there are special circumstances.

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Documentary Evidence Required


If sick leave exceeds two (2) working days, or is on the day before or after any public holiday, the
employee is required to present either:

a medical certificate from a registered health practitioner, or

if it is not reasonably practicable to give the Program Manager a medical certificate a


statutory declaration is required. This applies to sick leave of two or more days or one
day at the beginning or end of annual leave

if the care or support is required because of a personal illness or injury of immediate


family or household member, a medical certificate from a registered health
practitioner is required, or

if the care or support if required because of an unexpected emergency affecting an


immediate family or household member a statutory declaration made by the
employee is required.A Leave Application Form must be completed immediately upon
return to work. Failure to provide such documentary evidence may result in the nonpayment of the days in question.

Study Leave
Noahs Ark encourages staff to further develop professional and relevant knowledge and skills, and
will grant a maximum of two days study leave (one day for preparation and one day for
examinations) per year for work-related study leave that has been approved by the CEO. This leave
is fully paid. Any additional leave required will be taken as annual leave.

Parental Leave and Related Entitlements


Employees are expected to read and be familiar with the terms and conditions set out in the
National Employment Standards Division 4 Parental leave and related entitlements.
They include;
General Rule employee must have completed at least 12 months of service. A full-time or parttime employee is not entitled to leave (other than unpaid pre-adoption leave) unless the employee
has completed 12 months of continuous service with Noahs Ark before the expected date of birth
of the child or in the case of adoption, the expected day of placement. For casual employees the
employee will have been engaged by the employer on a regular and systematic basis during a
period of 12 months immediately before the date of the expected birth or in the case of adoption,
the expected date of placement and there is a reasonable expectation that engagement will
continue.
Entitlement to unpaid parental leave

An employee is entitled to unpaid parental leave if the leave is associated with


a.

the birth of a child being born to an employees spouse or de facto partner or

b.

the placement of a child with the employee for adoption and

c.

the employee has or will have responsibility for the care of the child

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A child is born to a person if (and only if)


a.

the person gives birth to the child: or

b.

the child is born, and the person is the biological mother or father of the child

Despite the definition of child in Section 5, an employee is not entitled to unpaid parental leave in
relation to a child if the child is not:
a. born to the employee or the employees spouse or de facto partner, or
b. placed with the employee for adoption

The Payroll Officer is to be informed of any changes to contact details, including address while on
leave.
For full details of Parental Leave requirements, see the Social Community Home Care and Disability Services
Industry Award 2010.

Paid Parental Leave


Note: The employee should check with Centrelink for detailed information about the Parental Leave
scheme and its operation, including the need to register with them. Employees are also advised to
discuss the matter with an accountant.
The Paid Parental Leave scheme provides a maximum of 18 weeks government funded Parental
Leave Pay paid at the National Minimum Wage for working parents who become a primary carer
through birth or adoption.
Working parents who are full-time, part-time, self-employed, casual, contract, and seasonal staff
members, have access to Parental Leave Pay if they meet the eligibility criteria.

Eligibility for Paid Parental Leave scheme


While Parental Leave Pay is government funded, in most cases the money will be paid by Noahs
Ark through the normal payroll system.
From 1 July 2011, Noahs Ark will provide Parental Leave Pay to an eligible staff member who:

has a child born or adopted from 1 July 2011

has been a staff member of Noahs Ark for 12 months or more prior to the expected date
of birth or adoption

will be a staff member of Noahs Ark for the Paid Parental Leave period,

is expected to receive eight weeks or more of Parental Leave Pay (If eligible for less than
eight weeks pay, or has been employed by us for less than 12 months, then Centrelink will
make payments directly) See Centre Link Paid Parental Scheme for Business
http://www.business.gov.au/Newsandfeatures/2011/Jun/Pages/PaidParentalLeaveScheme.aspx

The Paid Parental Leave scheme provides Parental Leave Pay that can be received before, after, or
at the same time as paid leave such as annual leave and/or maternity leave.

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An employee may be eligible for Parental Leave Pay if the following conditions apply:

the employee is the primary carer of a newborn child or the initial primary carer of a
recently adopted child

is an Australian resident

meets the Paid Parental Leave scheme work test before the birth or adoption occurs

has received an individual adjusted taxable income of $150,000 or less in the financial
year prior to the date of birth or date of claim (whichever is earlier)

is on leave or not working from the date of becoming the childs primary carer

To meet the Paid Parental Leave work test an employee must have:

worked for at least 10 of the 13 months prior to the birth or adoption of a child

worked for at least 330 hours in that 10-month period (just over one day a week) with no
more than an eight week gap between two consecutive working days

a working day is a day an employee has worked for at least one hour

there are some exceptions to the work test if it cannot be met due to pregnancy
complications and/or premature birth

Employees do not need to be working full-time to be eligible for Parental Leave Pay. They may
meet the work test even if they:

are a part-time, casual or seasonal worker

are a contractor or self-employed

work in a family business such as a farm

have multiple employers, or

have recently changed jobs

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Outside Employment
While at Noahs Ark each employee is expected to give 100% best endeavours and skill to the job.
Employees shall not, directly or indirectly, engage in any outside employment or financial interest,
which may conflict with the best interests of Noahs Ark or interfere with the employees ability to
perform the assigned role and functions.
Examples include but are not limited to, outside employment which:

is conducted during regular work hours,

uses Noahs Ark telephones, computers, supplies or any other resources, facilities or
equipment,

may reasonably be perceived as a conflict of interest.

Outside employment that constitutes a conflict of interest is prohibited. A Noahs Ark employee
may not receive any income or material gain from individuals outside the organisation for materials
produced or services rendered while performing Noahs Ark job functions.
If an employee is engaged in outside employment which conflicts with the requirements of this
section, they must either resign from such outside employment or employment with Noahs Ark
will be terminated upon refusal to resign.

Termination of Employment
Termination of employment is the permanent end of a working relationship or loss of employment
from Noahs Ark. Termination may be initiated by an employee through resignation; may come
about through the normal course of events, as with retirement or the expiration of a contract; or
may be initiated by Noahs Ark.
It is the policy and wish of Noahs Ark to retain the services of all staff members who perform their
duties efficiently and effectively. However, it may become necessary under certain conditions to
terminate employment, for example, non-renewal of funding for a particular service or project.
Involuntary separation may occur due to, but not limited to, poor quality of work, misconduct, or
wilful negligence in the performance of the job duties. Nothing in this policy affects Noahs Arks
right to dismiss an employee without notice for serious misconduct, and if so dismissed the
employee is only be entitled to be paid for the time worked up to the time of dismissal and any
entitlements accrued to such time.
An employee will not be dismissed due to:

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race, colour, sex, sexual preference, age, physical or mental disability, marital status,
family or carer's responsibilities, pregnancy, religion, political opinion, national extraction
or social origin,
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temporary absence from work because of illness or injury,

trade union membership or participation in trade union activities outside working hours,
or with Noahs Ark's consent, during working hours,

non-membership of a trade union,

seeking office as, or acting as, a representative of staff members,

being absent from work during maternity leave or other parental leave ,

temporary absence from work to participate in a voluntary emergency management


activity,

filing a complaint, or participating in proceedings, against an employer.

If the termination is due to a change in Noahs Arks organisational structure, the CEO will alert the
Program Manager or appropriate staff member as early as possible in the process to permit
alternatives to be reviewed for both the employee and for Noahs Ark.

Notice
Noahs Ark may terminate employment at any time by giving the required period of notice specified
below.
Years of Service

Required Notice

Minimum Employment Period

1 day

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

Over 5 Years

4 weeks

Employees who are 45 years or over and have completed at least two years continuous service with
us, will receive one additional weeks notice. At the discretion of the CEO an additional week of
notice may be given to reduce hardship for an employee.
Instead of providing the specified notice, Noahs Ark may choose to make payment in lieu of notice.

Notice by the Staff Member


The employee is required to give notice in writing, in accordance with the period specified in the
Social Community Home Care and Disability Services Industry Award 2010 . Failure to give adequate
notice, may result in forfeiture of some benefits.
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Once a resignation is accepted, it will not be withdrawn without the agreement of the CEO.
The CEO has the right to accept resignations immediately rather than wait for the expiration of the
notice (and pay out the period of notice).

Voluntary Resignation/Retirement
Staff members who wish to end their employment must advise Noahs Ark in writing of their
intention. A resignation must be a voluntary decision. The notice of resignation must indicate the
employees proposed date of resignation or retirement. The notice must be submitted through the
Program Manager who will forward the notice to the HR Manager for processing.

Exit Procedures
If a resignation is voluntary the employee will be asked to participate in an exit interview. The exit
interview can provide Noahs Ark with valuable information and feedback.
The Program Manager will meet with the employee on the final working day to collect company
property which may have been issued, using the Staff Members Exit Checklist.
The Program Manager is required to lodge the final timesheet with the Payroll Officer on the last
day of employment. Legally, Noahs Ark is obliged to make final payments within three working
days of termination of employment. If equipment is not returned, or accounts not paid, these costs
are deducted from the final pay.

Casual Staff members


The employment of a casual staff member may be terminated by the giving or receiving of one (1)
hours notice.

Termination during Minimum Employment Period


An appointment may be terminated at any time during the six (6) month Minimum Employment
Period by giving one (1) days notice or payment/forfeiture in lieu, by either party. In the case of
instant dismissal, payment/forfeiture in lieu shall not apply.

Abandonment of Employment
Abandonment of employment occurs in cases where there is a clear act by any employee (other
than a deliberate and intended resignation) that indicates the employment relationship is at an
end. Failure by an employee to advise Noahs Ark of the reason for any absence in excess of three
(3) sequential working days, without being excused or giving proper notification, will be considered
to be abandonment of employment, and the employee will then deemed to have resigned.
The employee will be responsible to return all property, materials issued to or in the employees
possession upon termination of employment.

Redundancy or Retrenchment
Redundancy or Retrenchment is dismissal based on Noahs Arks commercial or economic decision
regarding the management of the organisation. In all cases, the staff member is dismissed through
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no fault of their own. In a redundancy situation, it is the position that is no longer required by
Noahs Ark not the person.
Provisions relating to redundancy or retrenchment are contained in the relevant Industrial Award
or Agreement.

Death of Staff Members


On receipt of advice that a staff member has died, the CEO or Program Manager will:

convey condolences in writing to the immediate family,

advise the Payroll Officer and assist them calculate outstanding salary and leave
entitlements from the last known working day, and

The Payroll Officer will advise the relevant Superannuation Fund of the staff members
details (date of death, name and address of next of kin, and name and address of person
handling estate if known).

Other Conditions of Employment


Privacy & Confidentiality
Noahs Ark abides by the Privacy Act 1988 and as such respects the privacy of staff, volunteers and
clients and any other person or organisation with which we do business. Noahs Ark requires all
employees to sign a Deed of Confidentiality document as a condition of employment, due to the
possibility of gaining access to information which is confidential and/or intended for Noahs Ark use
only.
All employees are required to maintain such information in strict confidence. This protects the
interests of Noahs Ark in the safeguarding of confidential, unique and valuable information from
competitors or others.
Should an occasion arise in which an employee is unsure of obligations under this policy, it is the
employees responsibility to consult with the Program Manager. Failure to comply with this policy
could result in disciplinary action, up to and including termination.
Employees will protect confidential information, which may include trade secrets, client and
membership lists and Noahs Arks financial information, by taking the following precautionary
measures:

discuss work matters only with other Noahs Ark staff members who have a specific
business reason to know or have access to such information, i.e. a need to know basis

not discuss work matters in public places

monitor and supervise visitors to Noahs Ark to ensure that they do not have access to
company information

shred hard copies of documents containing confidential information that is not filed or
archived, and

secure confidential information in desk drawers and cabinets at the end of every business
day

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maintain the security of online servers by not sharing passwords

not share any document electronically or otherwise that is deemed confidential

The protection of confidential business information and trade secrets is vital to the interests and
success of Noahs Ark. Such confidential information includes, but is not limited to, the following
examples:

wages details

financial information

passwords

marketing strategies

pending projects, tenders and proposals

proprietary production processes

personnel/payroll records

new inventions or processes

business award nominations or successes prior to public release

conversations between any persons associated with the company

The cooperation of employees is particularly important because of Noahs Arks obligation to


protect the security of its clients and its own confidential information.If at any time an employee is
uncertain as to whether they can properly divulge information or answer questions, it is expected
they consult the Program Manager.

Travel
If travel is required Noahs Ark will reimburse out-of-pocket for reasonable expenses. All travel and
payment arrangements are authorised by the Program Manager prior to undertaking any travel.
If required to travel away from the usual place of work to cover for another staff member, or to
undertake special duty, an employee is allowed to either;

claim reimbursement for actual expenses incurred, or

claim a travel allowance in respect of accommodation, meals and incidental expenses.

Claims for reimbursement can only be made after incurring the relevant expenditure. Tax Invoices
must be submitted to substantiate the claim. The claims must be made before commencement of
the travel, or as soon as practicable after commencement of the travel.
For the purposes of this policy, an employee is considered to be travelling if required to travel
100km or more from the usual place of work, or the nature of duties requires staying overnight in
temporary accommodation.
Entitlement amounts will be within the limits set by the Australian Taxation Office for reasonable
travel allowances, and will not appear on a pay advice or payment summary (Group Certificate).

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Use of Private Vehicle


In all cases if a Noahs Ark vehicle is available it will be the first option for any travel undertaken by
employees.
If an employee is required to use their private vehicle for Noahs Ark business or attending
professional development, they are entitled to be reimbursed for kilometres travelled, using the
rates set out by the Australian Tax Office. Reimbursement will be calculated on mileage from the
Noahs Ark office to the destination or from home to the destination, whichever is the lesser
mileage. Proof of current Drivers Licence and proof of Comprehensive Insurance must be lodged
and kept in our personnel files. A roadworthiness certificate and tyre check may be requested
before a private vehicle is authorised for use on Noahs Arks business.
If two or more staff members are travelling to the same destination they will be expected to travel
together leaving from the Noahs Ark office or a mutually agreed location to minimise mileage.
Authorisation to travel separately may only be granted in exceptional circumstances.
Noahs Ark will not be responsible for any traffic infringements incurred in either a private vehicle
or Noahs Ark vehicle, nor will Noahs Ark be responsible for any insurance excess in a private
vehicle.

Minimum Standards of Accommodation


Noahs Ark provides accommodation that is at least consistent with the 3-star rating used in
RACQ/NRMA/RACV accommodation directories, except where this standard is not available in a
particular location.
Meals and Incidental Expenses
Actual and reasonable meal costs will be covered to a limit set by the CEO. Employees are not
entitled to expenses or meal allowance for meals that are provided at Noahs Arks expense or as
part of a pre-paid conference or meeting package or as a prepaid fare, such as meals on a plane.
While travelling, official telephone calls, faxes, internet access and postage costs will be paid or
reimbursed by Noahs Ark on production of Tax Invoices.
Other incidental expenses for travel may be covered through payment of an incidental allowance
commensurate with the Federal Government rate in place at the time. This amount is payable in
respect of any day on which travel is required for Noahs Ark.

Expenses Forms
Reimbursement claims are made using a Reimbursement for Expenses Form and attaching copies of
the Tax Invoices. In some instances it may not be possible to obtain a Tax Invoice, in which case it
may be acceptable to submit an alternative form of documentation to a limit of $50.00. If the
expenditure is less than $20, it is acceptable to write a note at the time the expenditure was
incurred that details the nature of the expenditure. This note must be signed and submitted with
the reimbursement claim.

Entitlement amounts will be within the limits set by the Australian Taxation Office for reasonable
travel allowances, and will not appear on a pay advice or payment summary (Group Certificate).

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Copyright and Intellectual Property


Copyright
Noahs Ark staff are bound by the Copyright Act 1968 and Amendments to 2010

Key Concepts

Copyright protection is free and applies automatically when material is created

There is no registration system for copyright in Australia

Australian copyright law applies to actions that take place in Australia, even if the material
used was created or first published in another country

What is copyright?
1.

Copyright is a type of property that is founded on a person's creative skill and labour. It is
designed to prevent the unauthorised use by others of an original work, that is literary,
dramatic, musical or artistic

2.

Copyright is not tangible. It relates to exclusive economic rights to do certain acts with an
original work or other copyright subject-matter. These rights include the right to copy,
publish, communicate (for example broadcast, make available online) or publicly perform
the copyright material

3.

Copyright creators also have a number of non-economic rights. These are known as moral
rights. This term derives from the French droit moral. Moral rights recognised in Australia
are the right of integrity of authorship, the right of attribution of authorship and the right
against false attribution of authorship

Copyright is distinct from physical property


A clear distinction exists between the copyright in a work and the ownership of the physical
article in which the work exists. For example, an author may own the copyright in the text in a
book even though the physical copy of the book will be owned by the person who purchases it.
Another example is that merely purchasing a physical copy of a CD does not grant the
purchaser a right to further reproduce the sound recording embodied in the CD (or to make it
available online) without the permission of the owner of the copyright of the sound recording.

2. What is intellectual property?


Copyright is part of an area of law known as intellectual property. Intellectual property
law protects the property rights in creative and inventive endeavours and gives creators
and inventors certain exclusive economic rights, generally for a limited time, to deal with
their creative works or inventions. Because intellectual property protects rights, rather
than physical property, intellectual property is an intangible form of property which
cannot be seen or touched.

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Intellectual property is the general name given to the laws covering patents, trade marks,
designs, circuit layouts, plant breeder's rights and copyright. Both forms of intellectual property
is protected by a specific Act of the Commonwealth Parliament.
Program Managers are responsible for ensuring that all staff, volunteers and contractors are
familiar with Copyright Law Australia and Noahs Arks Copyright policies which include:

regarding all media types, including anything electronic as protected by copyright

reading copyright instructions on all resources, and if no instructions, assume it is protected

when permission is sought to copy or use a product, retain the written permission in a
specially marked Permissions Folder

in general 10% of a publication may be photocopied for personal use but not loaned unless
permission is granted

copyright notices will be placed near all photocopiers

generally assume that a product created by someone else it is protected

In relation to original works developed within any Noahs Ark service the materials, products or
research produced in the course of employment with Noahs Ark, including any program, strategy
or system developed by an employee during employment, remains the property of Noahs Ark. Any
copyright or merchandising rights to such work is the sole and exclusive property of Noahs Ark.
This also means that an employee cannot use, take, replicate or share company resources or
information for personal gain or private use.

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Scope
The policies apply to all Noahs Ark positions, including paid staff members, contractors and those
working in a voluntary capacity.

Version 003
The Recruitment, Selection and Employment Policy replaces Noahs Ark Policy dated 2007 and reflects
Noahs Arks commitment to compliance with all relevant legislation, a workplace that values its staff,
is free from discrimination and an organisation that promotes equal opportunity.
The Noahs Ark Board of Management has endorsed this policy on 11

Signed:

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th

September 2012

D Griffiths, President Noahs Ark Resource Centre (Qld) Inc

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APPRAISAL, LEARNING AND DEVELOPMENT

5.

Noahs Ark is committed to conducting its programs and services with efficiency and effectiveness
that is achieved and maintained by an appropriately skilled, experienced and motivated staff. We
believe all staff members want to perform to the best of their ability and we believe we have a
duty to help our staff to succeed.

Policy Statement
The performance appraisal process aims to benefit individual staff members, clients and
Noahs Arks services by meeting the following objectives:

enhancing individual and organisational performance

setting clear expectations regarding duties, and the identification of individual


objectives within the context of Noahs Arks objectives for the coming year

giving constructive feedback about performance and acknowledging achievements

identification and regular review of staff capabilities and development needs

identifying career opportunities and support individuals career development plans

identifying organisational and/or operational changes which might be necessary to


enable individuals to enhance their performance, and to enable Noahs Arks services
to enhance their efficiency and effectiveness

Facilitating staff development opportunities that are recognized as an important


outcome of the performance appraisal process.

Performance Review
Noahs Ark requires all Program Managers to conduct a formal written Performance Review at least
annually with all staff members. We believe that Performance Reviews assist staff to develop work
skills and reach their potential.
The Performance Review process is one of a range of communication tools between an employee
and Program Manager and the reports are included in the personnel file.
Performance Reviews help to:

encourage and critically review work and performance

give constructive feedback on work and performance

identify issues that may be impacting on an ability to perform in a role

clarify the job description

determine any development or support needs

set clear performance expectations and goals

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Performance Reviews are an opportunity for staff to have a voice about their role within Noahs
Ark.
Salary reviews may be discussed at a separate meeting after Performance Review, but do not form
part of Performance Review discussions.

Performance Review and Disciplinary Action


Performance Reviews are confidential documents which, by themselves, will not be used for
disciplinary action. If unsatisfactory work performance is identified as part of this process, the
employee will commence an Unsatisfactory Work Performance process, which is separate to the
Performance Review process.
Any failure to meet the expectations of a role will be addressed before formal disciplinary
procedures for unsatisfactory work performance are commenced.

Learning & Development


Noahs Ark promotes a culture of learning with support and encouragement to undertake further
study or engage in opportunities that will enhance the role within Noahs Ark and also assist in
achieving career and personal goals.
Learning & development covers both Professional Development and training. Training has a focus
on skills and knowledge directly connected to a particular position or occupation, whereas
development refers to learning or the acquisition of skills that may or may not be related
specifically to current duties but will enhance the role or benefit the organisation.

Types of Professional Development


Development activities can be categorised according to the needs they meet:

Organisational needs: inducting new staff members, promoting links between staff
members in different locations, recognising excellent staff members, preparing staff
members for change, training staff members for new duties and positions, learning from
external experts, legislative requirements, and preparing staff members to carry out more
complex levels of responsibility within Noahs Ark.

Occupational needs: skills and knowledge connected with performing the duties of a
specific position, maintaining professional expertise in the relevant occupation or
discipline, extending professional expertise to encompass new developments in the area,
and maintaining current professional registration.

Individual needs: job satisfaction, skill development and professional career paths.

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Noahs Ark aims to provide quality service to our clients at all times. Due to the nature of our
industry, staff will need to attend regular and compulsory training.
If training is considered mandatory for the successful completion of a role or is a legislative
requirement or requirement under a funding agreement, then this time will be counted as time
worked. If training is considered optional or for personal development needs only, then it is unpaid.
Professional development needs will be identified as part of the Performance Review process. As
part of this process, the employee and Program Manager will discuss whether attending training or
development is mandatory for effective performance for the role and responsibilities (and
therefore attendance is paid), or is desirable but not mandatory (and therefore is unpaid).
All requests for Professional Development must be discussed with the Program Manager, a Request
for Professional Development Form completed, authorised by the Program Manager and submitted
to the HR Manager.

Unsatisfactory Work Performance


At times staff members do not perform to expected levels. When this occurs, early intervention and
informal resolution of a problem is the first option, as opposed to a more formal intervention later.
These procedures do not replace the normal responsibility of a Manager to discuss work or
workplace behaviour issues with an employee, to ensure a clear understanding of the work and
conduct expected, and to provide appropriate feedback on performance.

Natural Justice
In managing instances of unsatisfactory work performance, misconduct or serious misconduct, the
principles of natural justice will underpin all actions undertaken the Manager. These principles
include but are not limited to:

All parties have the right to be heard and judged without bias

All issues are investigated thoroughly and justly

The standards of conduct or job performance required will be made clear to the employee
by documenting the interviews and expected outcomes

The employee will be made aware of the likely next steps in the event that satisfactory
performance or conduct is not maintained

The employee will be afforded the right to be accompanied at discussions or interviews at


any level of the discipline process

When a complaint about performance or conduct is brought to the Program Managers


attention by a third party, the substance of the complaint will be verified before any
action is taken on the matter

Where an employee is identified as not performing to an acceptable standard, they will be


placed on Unsatisfactory Work Performance. This identification may occur as part of a
Performance Review process or as another process

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Guidance
Any employee not performing to acceptable standards, will receive guidance by the Program
Manager or CEO. This will normally take the form of an informal interview as soon as possible after
a problem has been identified, to discuss the matter and consider ways to improve performance in
the workplace.
Reference will be made to the Position Description to ensure that there is clarity about role
expectations and responsibilities. There is no requirement for such meetings to be formally
documented although the Program Manager or CEO may make a personal diary note of the
interview.
A follow-up meeting will be held, even if there is no longer an issue, as this enables both parties to
acknowledge the issue has been resolved.
The CEO and HR manager will be informed immediately this process has been put in place.

Performance Counseling
If the employees performance does not improve, then the Program Manager will undertake a
performance counselling interview. This will not be left until the annual review under the
Performance Review procedures. It will be done as soon as it becomes evident that guidance
interviews have not brought about any improvement.
The Program Manager will clearly identify, and document, the gap between the actual and the
required performance. At the interview any deficiency in performance will be clearly explained by
the Program Manager. Reference will be made to the individuals Position Description to ensure
that there is clarity about role expectations and responsibilities. The CEO and HR manager will be
informed that the process has bee put in place.
It should be made clear that failure to improve can result in the implementation of formal
procedures for Unsatisfactory Work Performance.

Unsatisfactory Work Processes


If work performance still does not improve, despite guidance and performance counselling, the
employee will then will be placed on Unsatisfactory Work Performance processes.
At all stages of Performance Counselling and Unsatisfactory Work Performance processes, the
employee is entitled to be accompanied by a support person of his or her choosing whose role is to
provide support and act as a witness to proceedings. Unless the person is a Union Delegate, their
role is not to advocate on the employees behalf.
After the interview, the Program Manager will document the interview using the Unsatisfactory
Work Performance Memo and send a copy to the CEO and HR Manager. A copy of this report must
be provided to the employee. An employee is entitled to respond to the report and any response
must be filed with the report on the personnel file.

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Dismissal for Unsatisfactory Work Performance


Once the Minimum Employment Period is completed the following applies:

Noahs Ark will give a reason for the employee being at risk of dismissal. The reason will
be a valid reason based on the employees conduct or capacity to do the job

If there is no improvement a warning in writing will be given to the employee detailing


the risk of dismissal and the reasons for the warning

Noahs Ark will provide the employee with an opportunity to respond to the warning and
give the employee a reasonable chance to rectify the problem, having regard to his or her
response

Rectifying the problem might involve Noahs Ark providing additional training and
ensuring the employee is aware of and understands the Noahs Arks job expectations

In discussions with an employee in circumstances where dismissal is possible, the


employee can have another person present to assist. However, the other person cannot
be a lawyer acting in a professional capacity

Scope
These policies apply to all Noahs Ark positions, including paid staff members, contractors and those
working in a voluntary capacity.

Version 003
The Appraisal, Learning and Development Policy replaces Noahs Ark Policy dated 2007 and reflects
Noahs Arks commitment to compliance with all relevant legislation, a workplace that v alues its staff,
and provides opportunities for career development
th

The Noahs Ark Board of Management has endorsed this policy on 11 September 2012

Signed:

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D Griffiths, President Noahs Ark Resource Centre (Qld) Inc

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NOAHS ARK RESOURCE CENTRE

6. HANDLING GRIEVANCES
It is Noahs Arks policy that a grievance procedure is available to all staff. It is designed to be
consistent and fair approach to deal with complaints about the work environment. While informal
means of conflict resolution are always preferred, it is recognised that these are not always
successful or appropriate.
Noahs Ark is committed to working with its staff and stakeholders to create and maintain a
workplace that will:

ensure that all staff are treated justly and fairly

design and implement a formal process for the resolution of conflict where informal
means are not successful or appropriate

ensure safe and healthy work practices and environments and a concern for staff
welfare

comply with legislative requirements

Where an employee raises a grievance or dispute in accordance with this policy it will be taken
seriously, investigated and dealt with in accordance with the procedures herein, and the principles
of natural justice and procedural fairness. Both complainants and respondents to grievances,
disputes and complaints have rights which must be respected.
Complaints, grievances and disputes may be raised verbally or in writing in accordance with these
procedures. Where employees make a compliant in writing they may or may not (at their
discretion) use the template provided as an attachment to this policy. Details of grievances will be
recorded on the relevant employees personnel file.

GRIEVANCE AND DISPUTE SETTLING PROCEDURE


Purpose of policy
This policy specifies the action to be taken to resolve employees' grievances, including
action to:

Resolve employees' grievances efficiently, effectively and confidentially

Actively address allegations of sexual harassment or workplace harassment

Establish an effective and professional mediation system for aggrieved employees,


volunteers or contractors

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Scope of application
This policy applies to all Noahs Ark employees. This policy also applies to all volunteers,
consultants and contractors working for, or on behalf of, Noahs Ark.
If a person, who is not an employee and not on official business in Noahs Ark harasses or
threatenes an employee on Noahs Ark premises, the matter should be reported to a manager as
soon as possible.

Policy statement
The Employee Grievance Resolution Procedure is designed as a consistent and fair approach to deal
with complaints about the work environment. Noahs Ark is committed to working with its staff,
volunteers and contractors to create and maintain a work environment based on:

Fair and equitable treatment for all

Safe and healthy work practices and environments and a concern for staff welfare

Compliance with legislative requirements

It is essential to Noahs Ark commitment to these values that procedures exist to:

Promote the prompt resolution of conflict and complaints by consultation, co-operation


and discussion

Reduce the amount of disputation

Promote efficiency, effectiveness, diversity and equity in the workplace

If a staff member volunteer or contractor has a complaint about work or the work environment,
he/she is entitled to use this process to have it resolved. The manner in which a grievance is
handled will depend on individual circumstances, for example,
a. the person may speak directly to the relevant individuals if he/she feels comfortable
doing so. Sometimes speaking directly to the person involved, or writing to them, can
put a stop to the behaviour that is the subject of the complaint. The person should
indicate that he/she finds the behaviour offensive and distressing and that he/she
would like it to stop. The person should also advise the individual that he/she intends
to bring a formal complaint if the behaviour continues,
or
b. The person may lodge a complaint with his/her Program Manager. The person is
encouraged to seek assistance to have the matter mediated unless it is serious and this
is not appropriate. Where possible such a complaint is to be in writing and is to
describe in detail the nature of the complaint; details of events, witnesses and
attaching any supporting documentation. Verbal complaints are nevertheless valid.
Complaints must be taken seriously. Allegations of workplace harassment, sexual harassment,
unlawful discrimination, vilification or violence need to be actively addressed. Managers and other
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staff should not ignore harassment, unlawful discrimination, violence or vilification or hope it will
go away. Silence may give the impression that the behaviour is acceptable. There is also the
possibility that Noahs Ark will be legally liable if no action is taken to address such issues.
All Noahs Ark staff, volunteers and contractors have a right to grievance resolution in a timely, fair
and confidential manner. Wherever possible, it is desirable that grievances are resolved locally and
informally with mutually agreed outcomes being sought and without the need for formal
management.
Victimisation which occurs as a result of reporting discrimination, harassment, violence or
vilification, will be regarded as a serious breach of discipline and automatically result in a formal
investigation. This may result in disciplinary action, and may progress to dismissal.
The complaint should be discussed only with those who are involved in the resolution of the case.
Defamation law is concerned with protecting a person's reputation in the eyes of others. It is
therefore not defamatory for a complainant to confront an alleged offender directly (either
privately in person or by letter) to alert them that his/her behaviour is unwelcome - if done in a
private conversation or letter marked Private and Confidential - not publicly and in front of other
people who do not have a legitimate and genuine interest to know. It is a defence to a claim of
defamation if an individual has made a complaint to a person who has a legitimate and genuine
interest in knowing about the incident. e.g. a supervisor/manager.
It is important that the complaint is made in good faith through the proper channels. The
protection will be lost if an individual makes a complaint in bad faith without genuinely believing it
to be true, is motivated by ill-will or malice, or indiscriminately broadcasts the allegations. This will
also constitute a vexatious complaint.
Vexatious complaints mean that the complainant does not have sufficient grounds for the
complaint and is seeking only to annoy the alleged offender or Noahs Ark. This type of complaint
may also render the complainant liable to disciplinary action by Noahs Ark. If a vexatious
complaint is not substantiated, nothing is noted in the personnel file of the alleged offender.
If a staff member believes that a complaint has not been dealt with effectively through the
complaints procedures that Noahs Ark provides, staff can seek assistance under anti-discrimination
legislation to the Anti-Discrimination Commission Queensland or the Human Rights and Equal
Opportunity Commission. All complaints regarding allegations of criminal activity must be referred
to the Queensland Police Service.

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EMPLOYEE RESPONSIBILITY IN LODGING A GRIEVANCE


Circumstances in which a grievance can be lodged
A grievance may be lodged by a Noahs Ark employee if that employee has an honest belief based
on reasonable grounds that:

An administrative decision has been made which adversely affects them is unfair or
unreasonable,or

The conduct of an employee, volunteer or contractor adversely affects them is unfair or


unreasonable,or

The behaviour of an employee, volunteer, consultant or contractor whether by action or


inaction, constitutes sexual harassment or workplace harassment

A Noahs Ark employee includes all volunteers, consultants and contractors working for, or on
behalf of Noahs Ark. They may lodge a grievance if that person has an honest belief based on
reasonable grounds that the behaviour of an employee, whether by action or inaction, constitutes
sexual harassment or workplace harassment.
A grievance may not be lodged under this policy:

by a Noahs Ark employee, volunteer, consultant or contractor unless that person has
made reasonable endeavours to resolve the matter locally or unless the CEO, Noahs
Ark determines that local resolution is not reasonable or appropriate

about an act or omission that is the subject of another grievance procedure

about a decision to discipline a Noahs Ark employee

Action required by an employee to lodge a grievance


An aggrieved employee, consultant or contractor may lodge a grievance with the CEO. The
grievance wherever possible should be in writing and specify:

the grounds on which the Noahs Ark employee, consultant or contractor believes they have
been adversely affected by an administrative decision or by the conduct or behaviour of an
employee, agent or contractor

the action which the claimant believes would resolve the grievance

the attempts that the person has made to resolve the grievance locally

A grievance about an administrative decision (other than a decision or determination in relation to


the resolution of a grievance) or alleged workplace harassment or sexual harassment of a Noahs
Ark employee directly by the CEO, Noahs Ark may be lodged in writing directly with the President
of the Noahs Ark Board.
In cases where the grievance alleges workplace or sexual harassment of a Noahs Ark employee, the
President of the Noahs Ark Board must, within two working days of receiving the grievance, initiate
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action to determine the most appropriate manner to resolve the matter and notify the parties
involved of the action to be taken to identify the issues, and resolve the matters.
For all other grievances the President of the Noahs Ark Board may, with the agreement of the
parties and within two working days of receiving the grievance, institute mediation. Unless
otherwise agreed between the parties, the mediation must be completed within two weeks of
commencement of the mediation process.
If the President of the Noahs Ark Board determines that mediation is not an appropriate remedy or
if mediation does not resolve the grievance, the President of the Noahs Ark Board must inquire
into the circumstances giving rise to the grievance.
At the end of any inquiry the President of the Noahs Ark Board must give the parties a written copy
of the President of the Noahs Ark Board's findings, decisions and the reasons for the decisions.

EMPLOYER RESPONSIBILITY IN RESOLVING GRIEVANCES


Upon receipt of a grievance
Where possible a complaint is to be in writing and is to describe in detail the nature of the
complaint, details of events, witnesses and attaching any supporting documentation. In some
cases verbal complaints may be valid.
If a person is not willing to put his/her grievance in writing in order to have it resolved, the person
receiving the complaint should make a file note of the conversation, check its accuracy with the
complainant and date it. The complainant should be advised that action will be taken to address
the issue. In the first instance, this may not involve the complainant being identified to the subject
of the complaint but subsequently, as a matter of natural justice, this may occur. Noahs Ark may
be held vicariously liable if no action is taken to follow complaints of workplace or sexual
harassment. This should be explained to the complainant as well as the support mechanisms
available to him/her during the process.

Mediation as a first option


For a grievance alleging workplace harassment, the CEO must take action, within two working days
of receiving the grievance, to initiate mediation between the parties. To initiate mediation
requires a discussion with the parties to establish whether mediation is likely to resolve the
grievance; and, if appropriate, then organising a suitably qualified mediator, and arranging times
for the mediation to proceed. Unless otherwise agreed between the parties, the mediation must be
completed within two weeks of commencement of the mediation process.
For all other grievances the CEO may, with the agreement of the parties and within two working
days of receiving the grievance, institute mediation. Unless otherwise agreed between the parties,
the mediation must be completed within two weeks of commencement of the mediation process.
Mediation is unlikely to be an option for resolving the grievance if there is:

A reasonable apprehension of violence to one of the parties

A clear indication that one of the parties will not participate

A clear intention of one party to use the process to further harass another party

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A diminished capacity of one party to negotiate on their own behalf, which cannot be
offset by the skill of the mediator

Evidence that the process would cause unreasonable psychological stress to a party.

If the mediation is successful, the CEO is to ensure that a record of the outcome of the mediation is
prepared and retained.

If mediation fails, is not required or is not appropriate


The CEO is to instigate prompt appropriate action to resolve the grievance where:

the CEO determines that mediation is not an appropriate remedy

mediation fails to resolve the grievance

the parties to a grievance, about a matter other than workplace harassment, decline to
mediate

The CEO will ensure that a written record is made of the action taken, any findings made, and the
reason for any decision taken, in a timely manner. Such action may include engaging the services
of an independent investigator to investigate the grievance and prepare a report. An independent
investigator may include engaging the services of a person from outside Noahs Ark, or an
employee from Noahs Ark but from another area or unit and who has no conflict of interests and is
acceptable to the parties.
The role of the investigator is to determine whether on the balance of probabilities, the evidence
obtained during the investigation supports the allegations against the person under investigation.
At the end of the investigation, the investigator should prepare a report indicating whether on the
balance of probabilities, the evidence obtained has supported the allegations. The signed interview
statements and other evidence should be appended. The report with the supporting evidence
should be forwarded to the CEO.
It is not the role of the investigator to decide the action that should result from the findings. It is
the role of the CEO to determine appropriate action where the investigation findings indicate that
matters are considered serious and there is appropriate evidence to support the allegations.
At the end of the investigation, the CEO must give the parties a written copy of the findings,
decisions and the reasons for the decisions.
Subject to the requirements of legislation, while the grievance procedure is being followed, normal
work must continue as if the grievance had not been lodged, except in the case of a genuine safety
issue, or where to do so could create a substantial financial or legal liability for the agency.

Miscellaneous Matters
At any time before a decision is made on a grievance, a party to the grievance may request
information about the progress made to resolve the grievance. The CEO must provide the
information within 7 calendar days, unless the request is unreasonable or provision of the
information would prejudice the satisfactory resolution of the grievance.
Two or more grievances lodged by the same employee about related matters, or a grievance from
more than one employee about related matters, may be dealt with as one grievance.

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An employee may not lodge a grievance under this policy if they have lodged a grievance about the
same matter under an industrial determination.

Victimisation
Any victimisation of a complainant acting in good faith will be regarded seriously, and should be
referred to the CEO for appropriate action, and may be subject to the staff disciplinary processes.
The matter may be dealt with as misconduct.

Malicious or Frivolous Allegations


A person who makes an allegation, which they have reason to believe to be false, or a person who
makes any frivolous allegation, may be subject to the staff disciplinary processes, and the matter
may be dealt with as misconduct.

Grievance Resolution Follow Up


The final review of a case at resolution/completion of the complaints management process is to
ascertain whether any further follow up action is necessary either at a program level or at other
levels of Noahs Ark.
Such action may include suggested changes in policy, procedures or practices, or the introduction
of relevant staff training courses.
In certain circumstances, it may be necessary to arrange appropriate debriefings or counselling.
Where this is required the CEO or HR Manager has an obligation to make the required
arrangements for particular staff members involved in the case. For consumers and other external
parties requiring debriefing and/or counselling the CEO of HR Manager will facilitate access to such
services.

Employee Assistance
Employee assistance is a confidential, short term measure made available in the workplace by
employers for existing employees. These measures aim to assist with work related or personal
problems such as health, family, financial or emotional concerns.
Employee assistance can be a useful strategy in dealing with worker issues including absenteeism,
high staff turnover, reduced productivity and work related injuries or illnesses. The services are
usually provided by psychologists or professional counsellors and where appropriate Noahs Ark
will arrange counselling for an employee to an agreed limit of expense.
Alternatively, an employee can approach his/her union for advice.
All staff, volunteers, consultants and contractors are encouraged to seek advice from an
appropriately qualified person even if he/she does not wish to make an informal or formal
complaint; the advisor can provide information on how to deal with the situation directly.
If the staff member chooses to take no action to deal with an issue of concern, the offending
behaviour is most likely to continue.

References
Anti-Discrimination Act 1991 (Queensland).
Work Health and Safety Act 2011
Noahs Ark Human Resource Policies 2007
ACSEA Policy Templates
QCOSS Human Resource Manual 2011
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Scope
These policies apply to all Noahs Ark positions, including paid staff members, contractors and those
working in a voluntary capacity.

Version 003
The Grievance Policy replaces Noahs Ark Policy dated 2007 and reflects Noahs Arks commitment to
compliance with all relevant legislation, a workplace that values its staff, and provides mechanisms for
addressing complaints in a fair and transparent manner.
th

The Noahs Ark Board of Management has endorsed this policy on 11 September 2012

Signed:

Page | 61

D Griffiths, President Noahs Ark Resource Centre (Qld) Inc

Human Resource Policies

Date: 2012

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