Grievance and dispute policy

Dispute Procedures

The following procedures are to be followed when normal procedures do not work and the Principal judges it necessary to formally warn, censure or reprimand or dismiss the teacher:

Any formal warnings, censure or reprimand to the teacher must be followed up in writing to the teacher and a copy placed on the teacher's file in the school.

Any specific instructions given to the teacher by the Principal, as well as any strategies to assist the teacher to overcome the problem and the period of time in which those strategies are expected to lead to a resolution of the problem, are to be confirmed in writing by the Principal to the teacher and a copy placed on the teacher's file in the school.

Where the Principal is still dissatisfied and seeks to interview a teacher further in relation to a problem, the teacher may be accompanied by another teacher of his/her choice from the staff of the school who may be the IEU chapter representative in the school. In such a situation the Principal may have present another member of the school's administration.

Where possible, the Principal must give the teacher at least 24 hours notice that such a discussion is to take place and the subject of the matter to be discussed.

Any person present at an interview between a Principal and a teacher is free to take notes. In no circumstances is the teacher to be asked or required to sign any such record of interview.

Subsequent Procedures

After not more than 5 working days following the interview the teacher will be informed in writing that:

no further action is necessary; or

there is a need for improvement in the teacher's performance and the matter will be review at a date so determined; or

there are specific matters which have caused concern and that any recurrence of these matters may result in further action being taken by the Principal; or

steps will be taken to make available to the teacher appropriate advisory or counselling services; or

the teacher is to be disciplined and the nature of such disciplinary action; or

such other steps as regarded appropriate by the employer are to be taken.

Where the teacher is advised that his/her performance is to be reviewed at a later date, the Principal will inform the teacher in writing of:

the aspects of the teacher's performance to be reviewed and the nature of the improvement required;

the method that will be used to conduct the review;

the name(s) of the person(s) who will conduct the review;

the appropriate time(s) at which the review will be carried out;

the nature of any special assistance that will be made available to the teacher during the course of the review.

At the end of the period of review as mentioned above the teacher will be advised in writing:

the process of the review has been completed and that the required improvement in the teacher's performance has been achieved; or

the process of review is to be extended; or

the process of review has been completed and that the required improvement in the teacher's performance has not been achieved.

Industrial Commission

If, notwithstanding the taking of the steps referred to in the paragraph above, the grievance or dispute has not been resolved within a reasonable time, either the employer or the IEU may refer the matter to the Industrial Commission for resolution.

Nothing in the above procedure shall in any way limit or exclude the employer's right of summary dismissal referred to in clause 14.3 if the Teachers (Non-Government Schools) (State) Award or to suspend as referred to in clause 13 of the same award, or the right of the IEU Chapter Representative to interview the Principal as per clause 9.2 of the Teachers (Non-Government Schools) (State) Award.