Grievance

The Forestville Eagles Basketball Club states in its Equal Opportunity Policy, that all members and staff have a right to expect that they will be treated equally and with respect at the Club. Additionally, the Club expects that: -

All members will be treated by staff and Board of Directors Members equally and with respect and
All staff and Board of Directors Members will behave in a professional manner at all times whilst in their Club role.

From time to time however, people may have a concern about: -

A matter of policy or procedure or its implementation,
The actions of other staff or Board of Directors Members,
The actions of a client or Club member,
The manner in which an incident at work was handled.

It is the intention of the Board of Directors, that such concerns are handled quickly and sensitively and ultimately resolved to the satisfaction of all parties. The following aims to assist in the process of resolution.
Notwithstanding this Policy and its associated Procedures, if the grievance is a matter dealt with in the Basketball Australia Member Protection By-Law it shall be dealt with in accordance with that By-Law.

Procedure to Follow
Complaints will be initially raised with the Secretary. Alternatively if the complaint is about the Secretary, the complainant should raise the matter with the Member Protection Officer (MPO). Should a complaint be raised with another staff or Board of Directors Member, that person should outline the details of this policy and offer to assist the complainant in an advocacy or supportive role.
The Secretary will provide details of the complaint to the MPO. The MPO will handle the matter sensitively and promptly by exploring all the issues raised by the complainant. They will then approach any staff or Board Member concerned to explore their understanding of the situation.
The Club Member Protection Officer may investigate to determine the legitimacy of a grievance and shall take all necessary steps to resolve the grievance, including recommending action to the Board of Directors committee.
Where the Club Member Protection Officer determines that a grievance does not justify action, the aggrieved party shall be informed in writing and they may appeal to the Board of Directors.
In most cases, it is expected that the complaint can be resolved through a process of enabling each party to appreciate the other person’s issues. In some cases there will be a need to mediate between the two parties.
In all cases it is imperative that the two parties appreciate the entirety of the issue and the actions they have undertaken to both initiate the grievance and to ensure its resolution. This enables the process to be part of the Club’s Learning and Development Strategy.

Issues to consider when resolving the Grievance
Confidentiality about the complaint will be maintained as far as practicable. As a general principle however, complainants will be asked if the individual being complained about can be made aware of the complaint and its source.
Maintaining sensitivity to the details of the complaint regardless of the arbitrator’s perception of the significance of the complaint is also important.
For the Club to be able to deliver the best possible services to its clients and Club members it needs to become informed of all complaints and be able to resolve them in a way which builds trust and admiration for the Club.

Secretary or Member Protection Officer cannot resolve a complaint.
Infrequently, the Secretary or MPO will not be able to satisfactorily resolve a complaint.
Where the Secretary/MPO determines that a grievance cannot be resolved either between the two parties or with the MPO and the two parties, details of the charge shall be communicated to the member at least one month before the next meeting of the Board of Directors where the matter will be determined.

Action as a result of a grievance allegation being upheld
Where a grievance has been referred to the Board for a determination, the determination shall be communicated to the member, and in the event of an adverse determination the member shall, (subject to Constitution clause 5.7.4), cease to be a member 14 days after the committee has communicated its determination to the member.
It shall be open to a member to appeal the expulsion to the Club at a general meeting. The intention to appeal shall be communicated to the Secretary of the Club within 14 days after the determination of the Board of Directors has been communicated to the member.
In the event of an appeal, the appellant’s membership of the Club shall not be terminated unless the determination of the Board of Directors to expel the member is upheld by the members of the Club in a general meeting after the appellant has been heard by the members of the Club, and in such event membership will be terminated at the date of the general meeting at which the determination of the Board of Directors is upheld.

Member Protection Officer report.
The MPO will report their findings to the Executive and the Board of Directors.