Clause 31 Grievance Procedure provides a process and timeframe to require a Council to deal properly with an employee's grievance.

An employee is required - 31(iii)(a) - to advise of the grievance or dispute in writing and the remedy being sought. This is a good opportunity for the employee to propose a solution to the problem and depa members are encouraged to prepare a draft to be forwarded to our office for feedback before it is submitted.

There is an accelerating level of referral to more senior levels of the Council but, at the first step - 31(iii)(b) - a meeting is required "within two working days of notification".

This clause also allows the involvement of the union at any time at the employee's request and also the filing of a dispute with the Industrial Relations Commission at any time.

Clause 32 Disciplinary Procedures is a broad clause which includes any process which may result in discipline of an employee. This can mean reviews of performance as well as misbehaviour or misconduct.

The clause is divided into four sections and employees’ rights are found in clause 32A and provide the right to:

1. have access to their personal files and take notes were obtained copies of the contents
2. be shown, note and/or respond to any information placed on the personal file which may be regarded as adverse
3. be entitled to apply to delete or amend any disciplinary or other record on a personal file which the employee believes is "incorrect, out of date, incomplete or misleading"
4. be entitled to request the presence of the union representatives and/or the involvement of the union at any stage.
5. be entitled to make application for accrued leave for the whole or part of any suspension during the investigation process.

Clause 31A(iv) allows an employee to request the involvement of the union at the investigation stage. This is often resisted by councils but there are precedents in disputes run in the Industrial Relations Commission for this broad interpretation of the union's involvement generally and the processes covered by this clause.

Councils have rights under this clause but significantly at B(ii) are obliged to "properly conduct and speedily conclude an investigation into the alleged unsatisfactory work performance or conduct."

This is a useful provision, much used in disputes, to stop councils dragging their feet or dawdling through an investigation where it is in everyone's interests to have the matter concluded sooner rather than later.

Keep in mind, if there is a disciplinary process and you are involved, it's better to let us know sooner rather than later. Nag, nag, nag.