Dispute resolution September 2021

Table of contents

• Purpose
• Obligation
• Internal dispute resolution (IDR)
• External dispute resolution (EDR)
• Complaints Handling
• Support Services

Purpose

Problems and disputes can arise from time to time between businesses, their customers, suppliers and employees. Most can be resolved quickly and efficiently with a common sense approach.

However, unresolved disputes and grievances can be very costly to everybody involved.

This standard will assist Swanned Pty Ltd to develop a Complaint Handling and Dispute Resolution Policy and a clear set of standards and procedures to effectively and fairly respond to complaints in a professional, timely and cost effective manner.

A structured complaints and dispute resolution process, with a focus on effective resolution at an early stage, will help Swanned Pty Ltd to minimise disruption in the workplace and to avoid many of the costs associated with complaints and disputes.

Obligation

We want to ensure our disputes are handled simply and professionally. We will ensure that ours will:

Be simple and credible. It’s important our employees and customers know their issues or grievances will be taken seriously.

Be sensitive. We want our employees and customers to be reassured their issue will be handled confidentially.

Seek clarification. We will enable the facts and issues in dispute, but also be open to expressions of opinions and recognise the importance of feelings.

Encourage listening. We will listen to customers and employees to draw out what the dispute is really about. It might be due to a simple misunderstanding. Good listening will help us determine the real issues and work out how they can be best resolved.

Set expectations. We will set expectations that your dispute can be resolved, while also recognising that more serious issues may need to be escalated.

Establish an escalation process. We have a path for escalation if the dispute can’t be resolved. It won’t always be possible to escalate the dispute through senior management. If this is the case and we’re unable to resolve the dispute, we can seek third-party assistance to help resolve the matter.

Be consistent. We will be consistent with our dispute resolution processes and remember our company values when handling disputes.

Be quick. We endeavour to deal with disputes in a quick manner.

Be transparent. We will be clear to both customers and employees about our dispute resolution process.

IDR Procedures

Step 1: Discussion with manager

• Initially, employees should bring their concerns or complaints to their manager. If the complaint involves the employee’s manager the employee should schedule an appointment with that manager to discuss the problem that gave rise to the complaint within five working days of the date the incident occurred.
• The manager should respond in writing to the complaint within five days of the meeting held with the complainant employee.

Step 2: Written complaint and decision

• If the discussion with the manager does not resolve the problem to the mutual satisfaction of the employee and the manager or if the manager does not respond to the complaint, the employee may submit a written complaint to the director.
  The submission of the written complaint is due within five working days of the response from the manager. The complaint should include:
  • The problem and the date when the incident occurred.
  • Suggestions on ways to resolve the problem.
  • A copy of the immediate manager’s written response or a summary of his or her verbal response and the date when the employee met with the manager. If the manager provided no response, the complaint should state this.
• Upon receipt of the formal complaint, the director must schedule a meeting with the employee within five working days to discuss the complaint. Within approximately five working days after the discussion, the director should issue a decision both in writing and orally to the employee filing the complaint.

Step 3: Appeal of decision

• If the employee is dissatisfied with the decision of the director, the employee may, within five working days, appeal this decision in writing.
• A meeting may be called with all parties involved to facilitate a resolution or refer complaints to a review committee if it believes that the complaint raises serious questions of fact or interpretation of policy.

Additional Guidance

If an employee fails to appeal from one level to the next level of this procedure within the time limits set forth above, the problem should be considered settled on the basis of the last decision, and the problem should not be subject to further consideration.

Because problems are best resolved on an individual basis, the conflict resolution procedure may be initiated only by individual employees and not by groups of employees. All complaints must be made in good faith.

Swanned Pty Ltd reserves the right to impose appropriate disciplinary action for any conduct it considers to be disruptive or inappropriate. The circumstances of each situation may differ, and the level of disciplinary action may also vary, depending on factors such as the nature of the offense, whether it is repeated, the employee’s work record and the impact of the conduct on the organization.

No Swanned Pty Ltd employee will be subject to retaliation for filing a complaint under this policy.

EDR Procedures

Step 1 - Understand the Dispute

Swanned Pty Ltd will endeavour to understand why the dispute occurred, how it may have escalated, and why it has not been resolved through direct discussion or negotiation.

Step 2 - Understand Dispute Resolution Options

We will understand the different dispute resolution options such as assisted negotiation, mediation, facilitation or expert determination.

Step 3 - Select the Appropriate Dispute Resolution Method

We will review the dispute to establish if it may be necessary to litigate or go to formal arbitration.

Step 4 - Work towards a successful resolution outcome

Complaints Handling

Swanned Pty Ltd seeks to maintain and enhance our reputation of providing you with high quality products including services to facilitate relationships between our members. We value complaints as they assist us to improve our products, services and customer service.

Swanned Pty Ltd is committed to being responsive to the needs and concerns of our customers or potential customers and to resolving your complaint as quickly as possible.

Click here to review our full complaints handling policy and procedures.

Support Services

A range of services are available to provide support for both consumers and small Businesses.

Department of Fair Trading (NSW) ph 13 32 20;
Consumer Claims Tribunal (NSW) ph 1300 135 399;
Commonwealth Ombudsman (National) ph 1300 362 072; and
Australian Competition & Consumer Commission (National) ph 1300 302 502.
http://www.accc.gov.au

Date effective - September 2021