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GIFT City Campus People-Function Related Policy and Procedure Handbook

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HANDBOOK OPERATION AND SCOPE

Unless specified otherwise, this Handbook applies to all staff and associates who are employed or engaged to work from the University’s international branch campus (IBC) located in the Gujarat International Finance Tec-City precinct (GIFT City Campus).
In this Handbook, the terms are ascribed the following meaning:
Staff: a member of the Academic or Professional staff cohort, the Executive, or Honorary staff members.
Associates: contractors, consultants, volunteers, visiting appointees and visitors to GIFT City Campus.
For the purposes of this Handbook, the reference to ‘University’ includes staff and activities at GIFT City Campus, unless stated otherwise.
This Handbook does not apply to students. Student behaviour is managed based on the University’s Student Code of Conduct.
The University reserves the right to make any revisions, modifications, interpretations or deletions to the Handbook at its sole discretion, subject to and in the manner prescribed under applicable laws. However, any changes in policies, benefits or procedures will not affect any accrued benefits of staff and associations, as applicable.
This Handbook should be read in conjunction with other policies and procedures listed on the Deakin University Policy Library where applicable.
This Handbook is effective from 4 December 2024.
 

POLICIES AND PROCEDURES 

Section 1 - Behaviours in the Workplace Policy

Purpose

1.1 This Behaviours in the Workplace Policy sets out the University’s commitment and expectations regarding a culture of integrity and respect, establishing the highest standards of professional behaviour in the workplace. All staff members have the right to work in a safe environment that supports equal opportunities, inclusion, respect, and integrity.
1.2 This Behaviours in the Workplace Policy also covers:
  1. activities in the workplace (or that can be reasonably connected with the workplace) including official work functions or events: on site, off site and after-hours work;
  2. any work-related communications (including, but not limited to, social media);
  3. all aspects of recruitment and selection, conditions and benefits, training and promotion, task allocation, shifts, hours, leave arrangements and workload; and
  4. the treatment of other staff, clients and other members of the public encountered in the course of, or connected with, the staff member’s employment or engagement.
1.3 The University’s Diversity, Equity and Inclusion Policy articulates the University’s commitment to providing an accessible and inclusive learning and work environment free from discrimination, sexual harassment, victimisation and vilification.

Scope

1.4 This Behaviours in the Workplace Policy applies to all current staff and associates of the University working primarily at the GIFT City Campus.

Policy

Workplace Bullying

1.5 The University is committed to providing a safe, healthy and inclusive learning and working environment and the prevention of workplace bullying. This Behaviours in the Workplace Policy is underpinned by the University’s Code of Conduct, which sets out the personal behaviours and obligations of University staff and associates.
1.6 Disciplinary action may be taken against a staff member:
  1. found to have engaged in workplace bullying;
  2. who victimises a person making a complaint or a witness to a complaint; and/or
  3. found to have made a frivolous or vexatious complaint.

What is workplace bullying?

1.7 Workplace bullying is repeated and unreasonable behaviour directed towards a person or group of people that creates a risk to health and safety.

Examples of workplace bullying include, but are not limited to:
  1. verbal abuse. For example, being sworn at, threatened, insulted, continual inappropriate and/or invalid criticism, name calling, practical jokes, unjustified threats of punishment, belittling and humiliation, gossip and malicious rumours, inappropriate language, yelling;
  2. hostile behaviour toward a staff member or group. For example, excluding them from conversations or various activities;
  3. abusive or offensive e-mails or other correspondence;
  4. threatening body language;
  5. unreasonable demands, unnecessary pressure and impossible deadlines which are targeted at an individual or group of individuals;
  6. unfair allocation of tasks and/or working hours. For example, repeatedly requiring a particular person to stay back after hours or rostering them onto night duty;
  7. deliberately changing work rosters to inconvenience an employee;
  8. undermining a person's work performance, recognition or position, especially with their managers or co-workers;
  9. deliberately withholding necessary work-related information or resources or supplying incorrect information;
  10. inappropriate surveillance or monitoring;
  11. inappropriate interference with personal belongings or work equipment;
  12. unequal or unreasonable exclusion from or access to training;
  13. unequal application of work rules and benefits;
  14. unreasonably excluding staff members from activities;
  15. unreasonably isolating a staff member from others; and
  16. setting tasks that are above or beyond a person’s skill level without access to training or support.  
1.8 Workplace bullying may occur between staff, between leaders and staff or by staff towards a leader.
1.9 The above examples are not an exhaustive list of bullying behaviours but provide a guide on the type of conduct or behaviour which may be considered a breach of this Behaviours in the Workplace Policy.

What is not workplace bullying?

1.10 Workplace bullying is not:
  1. reasonable management action, which includes, but is not limited to: 
    1. genuine and reasonable instructions;
    2. setting reasonable performance goals, standards and deadlines;
    3. rostering and allocating working hours, where the requirements are reasonable;
    4. transferring a staff member for genuine operational reasons;
    5. informing a staff member about inappropriate behaviour in an objective and confidential way;
    6. deciding not to select a staff member for promotion for justifiable reasons and where a reasonable process is followed and documented;
    7. making organisational changes or restructuring, with consultation;
    8. constructive comments which are objective and indicate observable deficiencies in performance or conduct;
    9. constructively delivered feedback or counselling intended to help employees to improve their work performance or the standard of their behaviour
    10. reasonable grievances; or
    11. justified termination of employment.
  2. low level disagreement or differences of opinion.
1.11 A single incident of bullying-type behaviour does not constitute bullying but does have the potential to escalate into bullying behaviour and become a health and safety risk. Where a staff member or leader has concerns in relation to any such behaviour they should contact their Senior People and Culture Partner or the People Solutions (Workplace) team in People and Culture.

Responsibilities of staff and leaders

1.12 Staff must:
  1. not engage in workplace bullying; and
  2. identify and report workplace bullying in accordance with the Workplace Grievance Procedure contained in Section 6  of this Handbook.
1.13 Leaders must:
  1. model appropriate behaviour themselves and promote the Behaviours in the Workplace Policy in Section 1 of this Handbook within their work area;
  2. monitor the working environment to ensure compliance with the University’s Code of Conduct;
  3. intervene quickly and act fairly to resolve issues and enforce appropriate behaviour and the University’s Code of Conduct;
  4. seek advice from their Senior People and Culture Partner on responding effectively and attempting to resolve the matter in accordance with the Workplace Grievance Procedure contained in Section 6 of this Handbook;
  5. respond promptly and sensitively to situations in which workplace bullying is observed or reported, even in circumstances where the staff member has chosen not to take action themselves; and
  6. ensure, that in order to undertake the tasks described under clauses a-e above, that the required training provided by People and Culture has been undertaken and is kept current.

Harassment, Sexual Harassment and Discrimination  

1.14 The University will not tolerate or condone unlawful discrimination, sexual harassment, victimisation or vilification.
1.15 For more information, refer to:
  1. the GIFT Workplace Adjustments Procedure in Section 5 of this Handbook; and
  2. the following University policy:
    1. Diversity, Equity and Inclusion Policy;
    2. Complaints: Discrimination, Harassment, Victimisation and Vilification (Staff) Procedure;
    3. Gender Affirmation Procedure;
    4. Making Reasonable Adjustments - Students with Disability Procedure;
    5. Sexual Harm Prevention and Response Policy;
    6. Sexual Harm Response Procedure .

Performance Disruption

1.16 It is expected that staff perform their job without jeopardising their safety and the safety and health of others to the extent reasonably possible.
1.17 The University may be required to assess staff members’ ability to work safely.
1.18 There are several factors that can contribute to performance disruption (such as alcohol or drugs, fatigue, medical conditions). If a leader suspects or observe performance disruption or unacceptable behaviour, the leader may take one of the following actions, but not limited to:
  1. sending the staff member home;
  2. removing the staff member from the workplace or activities;
  3. offering support, counselling, or education;
  4. contacting the Police or emergency services; and/or
  5. implementing disciplinary procedures, including termination of employment/contract in accordance with the Handbook and/or related terms of employment.

University Functions and Activities

1.19 It is expected that staff members behaviours outlined in this Behaviours in the Workplace Policy and the University Code of Conduct extend to all places and situations where staff perform work for the University. This Behaviours in the Workplace Policy also includes social functions related to work, work-related travel (such as conferences outside the office, interstate, and overseas), and events the University organise or where staff members attend as University representatives.
1.20 It is mandatory that professional behaviour be observed when attending social functions, conferences, or events in the workplace, etc.

Use of University Resources

1.21 It is expected that staff maintain and use the University’s resources responsibly and in accordance with applicable terms, contract obligations, and other general obligations – for example, staff should not use University data resources (such as computers, tablets, phones) to engage in actions that violate copyright laws or access/distribute pornography or are contrary to licensing/contract terms.

Use of Social Media

1.22 Staff members are personally responsible for the use of social media, including the content posted on personal social media.
1.23 Content that identifies the University or colleagues/students must comply with the University's Social Media Policy, to the extent applicable, this Behaviours in the Workplace Policy and any other applicable University policy or procedure.

Reporting Unacceptable Behaviour

1.24 Staff are encouraged to seek support, advice, referral, or report unacceptable behaviour.
1.25 Staff are strongly encouraged to express concerns or file a complaint even if they are not directly involved in an incident.
1.26 Staff can speak to their leader or Senior People and Culture Partner should they require further assistance.
1.27 Further information about reporting a grievance can be found in the Workplace Grievance Procedure in section 6 of this Handbook.

Foreign Interference

1.28 Staff members are strictly prohibited from engaging in any form of foreign interference that may compromise the integrity, security or autonomy of the University’s activities. For further information see the International Relations Regulation policy, the Deakin University Foreign Interference page or contact the Office of General Counsel as to how the University assesses and manages the risks associated with its foreign interactions.
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Section 2 - Disciplinary Procedure 

Purpose

2.1 This Disciplinary Procedure enables the University to establish staff disciplinary processes and take appropriate actions when necessary.

Scope

2.2 This Disciplinary Procedure applies to all current staff of the University working primarily at the GIFT City Campus.

Policy

2.3 This Disciplinary Procedure is pursuant to the Behaviours in the Workplace Policy in Section 1 of this Handbook, and the following University policy: Diversity, Equity and Inclusion Policy, the Sexual Harm Prevention and Response Policy, the Sexual Harm Response Procedure and the Complaints: Discrimination, Harassment, Victimisation and Vilification (Staff) Procedure. 

Procedure

2.4 The University sets standards of conduct and performance which all staff are required to observe. These standards are communicated to all staff using a number of methods, including but not limited to:
  1. the staff member's contract of employment;
  2. Position Descriptions;
  3. DeakinAchieve documents and discussions;
  4. other policies and procedures including but not limited to the University’s Code of Conduct and the Behaviours in the Workplace Policy in Section 1 of this Handbook; and
  5. discussions between staff and their leaders.
2.5 The University is committed to investigating and addressing any breaches of the required standards of conduct and performance in a fair and appropriate manner.
2.6 This Disciplinary Procedure will ensure that:
  1. staff are fully aware of the standards of performance, action and behaviour required of them;
  2. disciplinary action, where necessary, is taken in a timely, fair, uniform and consistent manner;
  3. staff will only be disciplined after careful investigation of the facts and will have the opportunity to present their side of the case;
  4. at all disciplinary meetings, staff have the right to be accompanied by a support person; and
  5. if a staff member is disciplined, they will receive an explanation as to why certain action was taken.
2.7 Where another University policy or procedure requires a matter to be dealt with as a staff discipline matter, the Chief People and Culture Officer or nominee will determine the appropriate stage of the disciplinary process to be applied.

Disciplinary Rules

2.8 It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they may vary depending on the nature of the work. In addition to the specific examples of unsatisfactory conduct, misconduct and serious misconduct contained in this Disciplinary Procedure, a breach of other specific conditions, procedures and practices set out elsewhere in this Handbook, the University’s Policy Library or that have otherwise has been made known to the staff member, will also result in this Disciplinary Procedure being used to manage such matters.

Unsatisfactory Performance and Conduct

2.9 Conduct or behaviour which is inconsistent with the University’s standards, policies or procedures. For example, unacceptable conduct or behaviour may include a staff member breaching the Behaviours in the Workplace Policy in Section 1 of this Handbook.
2.10 Staff may be subject to disciplinary action if they are found to have acted in any of the following ways:
  1. failure to abide by the general health and safety rules and procedures;
  2. persistent absenteeism, lateness and/or unavailability for contact during reasonable hours of work;
  3. unsatisfactory standards or outputs of work, despite opportunities to demonstrate performance improvement;
  4. non-performance of duties;
  5. rudeness towards internal and external stakeholders, staff and students, objectionable or insulting behaviour, harassment, bullying or inappropriate language;
  6. failure to devote the whole of their time, attention and abilities to the University’s business and affairs during standard working hours;
  7. unauthorised use of emails and internet;
  8. failure to carry out all reasonable instructions or follow rules and procedures;
  9. unauthorised use or negligent damage or loss of University property; and
  10. failure to report immediately any damage to property or premises cause by the staff member.
This list is not exhaustive. 

Serious Misconduct

2.11 Deakin does not tolerate serious or gross misconduct.
2.12 Any behaviour or negligence resulting in a fundamental breach of a staff member’s contractual terms that irrevocably destroys the trust and confidence necessary to continuing the employment relationship will constitute serious misconduct.
2.13 Examples of misconduct that will ordinarily be considered to be serious misconduct includes, but is not limited to the following:
  1. theft or fraud;
  2. physical violence or bullying;
  3. deliberate damage to property;
  4. deliberate acts of unlawful discrimination or harassment;
  5. breach of academic research;
  6. possession, or being under the influence, of illegal drugs at work;
  7. breach of health and safety rules that endanger the lives of, or may cause serious injury to, staff, contractor, visitors, students and any other person;
  8. being charge-sheeted for offences involving moral turpitude, embezzlement;
  9. any cognisable criminal offences; or
  10. acts of sexual harassment.  
This list is not exhaustive. 

When might disciplinary action be necessary?

2.14 Disciplinary action may be necessary where:
  1. a staff member has engaged in unacceptable conduct or unsatisfactory performance and performance management efforts have failed; or
  2. a staff member has engaged in serious misconduct.

Early Intervention

2.15 The University values the importance of providing early and regular feedback to all staff to promote a supportive and developmental work environment. Leaders are encouraged to:
  1. provide constructive feedback on a regular basis to address any performance or conduct issues promptly;
  2. offer necessary support and resources to staff to facilitate their professional growth and address any concerns early;
  3. seek advice from the People and Culture at the earliest indication of potential disciplinary issues to ensure appropriate and consistent handling.

Disciplinary Process  

2.16 The leader will act based on guidance and advice provided by People and Culture throughout the disciplinary process. This process will vary depending on the conduct or behaviour, performance history, investigation outcomes and/or the staff member’s response. The process may include some, or all, of the following steps:
  1. preliminary assessment;
  2. informal resolution or mediation;
  3. formal investigation;
  4. disciplinary meeting;
  5. decision and outcome communication;
  6. appeal opportunity.

Suspension with or without pay

2.17 On certain occasions temporary suspension, with or without pay, may be necessary to investigate a disciplinary incident or complaint.
2.18 Staff are expected to participate and cooperate during an investigation as directed by the University during the suspension.

Disciplinary action outcomes

2.19 Disciplinary action may result in the termination of employment.
2.20 Other possible disciplinary measures include, but are not limited to, verbal or written warnings, performance improvement plans, demotions or suspensions.

Definitions

2.21 For the purposes of this Disciplinary Procedure:
support person: a person who is not legal practitioner or a person who is undergoing practical training for the purposes of being admitted to the legal profession.
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Section 3 - Staff Employment and Lifecycle Policy

Purpose

3.1 This Staff Employment and Lifecycle Policy:
  1. supports the University’s commitment to creating fulfilling experiences across the employment lifecycle in the way we attract, develop, promote, engage and retain our staff at GIFT City Campus;
  2. outlines the process to be followed by professional and academic staff and leaders during a staff member’s period of probation; and
  3. outlines the process for staff leaving their employment with the University.

Scope

3.2 This Staff Employment and Lifecycle Policy applies to all prospective and current staff of the University, primarily located and working from GIFT City Campus.

Policy

Inclusion

3.3 The University is committed to fostering a flexible, inclusive and dynamic workforce and providing employment conditions that support individuals of all backgrounds, cultures, abilities, gender and other identities to participate, thrive and balance work and life needs.

Attracting and Retaining Our Staff

3.4 The terms and conditions of employment for staff, including provisions relating to salary and any allowances, will be determined by the Vice-Chancellor, or nominee, pursuant to authority delegated by the University Council and in accordance with the provisions of:
  1. relevant legislation or other legal requirement;
  2. contracts of employment as are applicable or may be appropriate; and/or
  3. policies or procedures as are applicable or may be appropriate.

Recruitment and Selection

3.5 Deakin seeks to create an environment where diversity is valued, and nurture a connected, safe and respectful community.
3.6 Deakin is committed to fairness in competitive selection processes and aims to ensure applicants are not disadvantaged due to personal or professional circumstances.
3.7 Promotion and advancement will be made on merit and all decisions relating to this will be made within the overall framework and principles of this Staff Employment and Lifecycle Policy.
3.8 Deakin will adopt a consistent, non-discriminatory approach to the advertising of vacancies and recruitment process.
3.9 Deakin will not confine its recruitment to areas or media sources which provide only, or mainly, applicants of a particular group.
3.10 All applicants who apply for a position at Deakin will receive fair treatment and will be considered solely on the ability to undertake the duties and responsibilities of the position. 

Obligation to Declare Interest

3.11 Staff must make disclosure to Deakin of any relevant interest that may give rise to a conflict of interest. Staff have an obligation to declare any actual, potential or perceived conflict of interest when they commence employment with the University and periodically thereafter if their circumstances change. The University’s due diligence assessments will include the capacity of staff to improperly influence or interfere in university activities, particularly in the interests of a foreign government or foreign government agency.
3.12 Staff must refer to the University’s Declaration of Interest Procedure when disclosing any conflict of interests.

Probation Process for Academic Staff Members

3.13 Academic staff appointed to a continuing position will be required to serve an initial probation period of three years, unless stated otherwise in the contract of employment or waivered in limited circumstances.
3.14 The period and terms of probation are in accordance with either the provisions specified in this Staff Employment and Lifecycle Policy and/or the staff member's contract of employment.
3.15 When determining the length of a staff member’s probationary period, or whether to waive the probationary period, the University will consider the nature of the work to be performed, the staff member’s prior service and performance at the University or other universities, and their qualifications and experience. A probation period of three years would be appropriate for a staff member with no prior full-time or part-time service at a university.
3.16 The Head of School or equivalent may:
  1. only reduce the probation period where:
    1. the staff member has previously performed a substantially similar role and duties at the University or another university; and
    2. the staff member has demonstrated successful performance and behaviour in a substantially similar role at the University
  2. only waive the probation period where:
    1. the staff member has previously performed a substantially similar role and duties at the University; and
    2. the staff member has demonstrated successful performance and behaviour in a substantially similar role at the University; and
    3. there is less than six months between the staff member’s appointments at the University.
3.17 For all academic staff members:
  1. commencing their employment with the University for the first time; or
  2. returning to the University after more than six months between appointments,
the minimum permissible probationary period is six months.

Responsibilities of the leader during probation

3.18 The leader of an academic staff member on probation should be the Head of School/Department or the Director of an Institute, unless the role has been delegated by the Faculty Executive Dean to another senior academic within the School, Institute or Department.
3.19 The leader is responsible for:
  1. meeting with the staff member within the first month of the staff member’s commencement of employment (or as soon as reasonably practicable) and establishing probationary performance and behavioural objectives;
  2. scheduling all other formal probationary review meetings;
  3. assigning a mentor, within one month of the staff member’s commencement of employment, to the staff member to provide advice and guidance to assist the staff member to achieve their probation goals. The mentor will normally be an academic in the same discipline area as the staff member, or a related discipline, and of the same or higher academic rank as the staff member. In some cases, more than one mentor may be assigned;
  4. facilitating and encouraging regular dialogue with the staff member regarding their performance and behaviour during probation which will include:
    1. monitoring the staff member's progress and providing constructive feedback and counselling (in both scheduled and informal meetings) to assist the staff member to achieve their probationary objectives (on a more regular basis);
    2. developing strategies to resolve any identified difficulties which, if appropriate, will include the opportunity to participate in staff development programs to develop and refine their teaching and research skills; or
    3. maintaining a record of meetings, agreements and outcomes and providing copies to the staff member where appropriate.
  5. contacting their Senior People and Culture Partner for advice in situations where they have any concerns in relation to the staff member's performance or behaviour.

Responsibilities of the staff member during probation

3.20 The staff member is responsible for:
  1. working towards meeting the performance and behavioural objectives set by their leader;
  2. actively participating in all probationary discussions with their leader;
  3. providing feedback to the leader in relation to performance matters including:
    1. seeking further clarification of expectations as required, and
    2. advising the leader of any concerns in relation to the achievement of their objectives should this arise during the probationary period.

Extending probation

3.21 If, at the end of the initial probation period, the leader forms the view that a further period of probation is required to assess the staff member’s suitability for confirmation, the leader may seek to extend the staff member’s probation.
3.22 A leader must submit in writing any request to extend the staff member's probationary period to the Chief People and Culture Officer, or nominee (cp-co@deakin.edu.au). Any approved extension of probation will be confirmed in writing by People and Culture to the staff member and the leader.

Outcome of probation

3.23 Prior to the end of the probationary period, ideally no later than two months prior to the expiry of the probationary period, the leader will conduct a formal final review to determine whether the staff member's appointment will be confirmed, extended or terminated.
3.24 In undertaking the review, the leader should seek the views of other relevant senior academic staff members, including any mentor(s), about the progress and contribution made by the probationary staff member in relation to the staff member's probation goals.

Confirmation of probation

3.25 After the formal final review, where the leader considers that the staff member has demonstrated achievement of their performance and behavioural objectives, the leader will complete the DeakinAchieve Probation Plan in DeakinPeople, that is then forwarded to the Faculty Executive Dean or other relevant member of the Executive, for approval.
3.26 During the formal final review discussions, the leader will provide confirmation of the staff member’s continuing or fixed-term appointment with the University.
3.27 Any staff member whose employment is confirmed is required to participate in the DeakinAchieve process for the remainder of the DeakinAchieve cycle or for the remainer of their fixed term contract.

Termination of employment during probation

3.28 In circumstances where the leader has concerns in relation to the staff member's performance or behaviour, the leader, following advice from their Senior People and Culture Partner, may recommend to their Faculty Executive Dean or other relevant member of the Executive that a decision be made not to confirm an appointment of an academic staff member on probation.
3.29 This recommendation, including supporting evidence, from the leader may be provided at any time during the academic staff member's period of probation. Any final review and recommendation should ideally be provided no later than five months prior to the expiry of the probationary period.
3.30 Where the Faculty Executive Dean or other relevant member of the Executive is satisfied that the staff member has not satisfactorily achieved their probation goals, the leader will meet with the staff member in a timely manner to advise the staff member of the University’s decision to not confirm their probation and explain the reasons why.
3.31 At the discretion of the Faculty Executive Dean or other relevant member of the Executive, a payment in lieu of the notice period may be made to the staff member in lieu of part or all of the notice period that exceeds 10 working days.

Probation Process for Professional Staff Members

3.32 Professional staff appointed to a continuing position with the University are required to complete a six month probation period, unless otherwise specified in their contract of employment.
3.33 In exceptional circumstances, a professional staff member’s probationary period may be extended. Where a leader considers that an extension may be required, the leader must contact their Senior People and Culture Partner for advice. Any extension must be approved and communicated to the professional staff member and the leader by the Chief People and Culture Officer (cp-co@deakin.edu.au) or nominee, prior to the expiry of the original probationary.

Responsibilities of the leader during probation

3.34 The leader is responsible for:
  1. setting clear probationary objectives;
  2. organising an initial meeting within the first two weeks of the staff member's commencement of employment, to discuss the probationary performance and behavioural objectives and to ensure that the probationary objectives are documented in DeakinPeople;
  3. scheduling all other formal probationary review meetings (see the DeakinAchieve Probation Information for Professional Staff on Deakin’s Probation website); and
  4. facilitating and encouraging ongoing regular discussions with the staff member regarding their performance, which will include:
    1. monitoring the staff member's performance, behavioural and organisational fit;
    2. providing feedback on a regular basis;
    3. providing appropriate development, support and training to assist the staff member make a successful transition to the University and the role;
    4. maintaining a record of meetings, agreements and outcomes and providing copies to the staff member where appropriate; and
    5. contacting their Senior People and Culture Partner for advice in situations where they have any concerns in relation to the staff member's performance or behaviour.
3.35 Within the probationary period, the leader will determine whether the staff member has the right skills, knowledge and attributes to be confirmed or not confirmed as an ongoing staff member. This decision will be made in accordance with clauses 3.38 to 3.43 of this Staff Employment and Lifecycle Policy.

Responsibilities of the staff member during probation

3.36 The staff member is responsible for:
  1. working towards meeting the probationary performance and behavioural objectives set by their leader that are documented in DeakinPeople;
  2. participating actively in all probationary discussions with the leader; and
  3. providing feedback to the leader in relation to performance matters, including:
    1. seeking further clarification of expectations as required; and
    2. advising the leader of any concerns in relation to the achievement of their objectives should this arise during the probationary period.

Reviews during the probationary period

3.37 At each probationary meeting, the leader will review the staff member's development needs and provide feedback in relation to the staff member's performance and behaviour, as well as providing an opportunity for the staff member to raise any areas of concern.
3.38 Where possible, these meetings will be conducted in person and the leader will document the discussions and any agreed outcomes.
3.39 If the leader has concerns in relation to the development, performance or behaviour of the staff member at any stage throughout the probationary period, the leader must immediately contact their Senior People and Culture Partner for further advice and support.
3.40 The leader and staff member should ideally conduct formal probation reviews midway through the probation period and at least two weeks prior to the end of the probation using the DeakinAchieve Plan to document goals and feedback.

Outcome of probation – confirmation of employment

3.41 Where the leader considers the staff member has met their performance and behavioural objectives, at least two weeks prior to the expiry of the probationary period, the leader will provide verbal confirmation of and the staff member’s continuing or fixed-term appointment with the University.
3.42 Any staff member whose employment is confirmed is required to participate in the DeakinAchieve process for the remainder of the DeakinAchieve cycle or for the remainder of their fixed-term contract.

Outcome of probation – termination of employment

3.43 A professional staff member's employment may be terminated by the University at any stage during the probation period for any reason, including unsatisfactory performance, behavioural concerns, misconduct or serious misconduct.
3.44 Where the leader has concerns regarding the performance, conduct or behaviour of the staff member at any time during probation, they must immediately contact their Senior People and Culture Partner for advice.
3.45 Except in cases of serious misconduct, where a staff member's employment is terminated at any stage during the probation period, the staff member will be provided with one week's notice unless a greater period is specified in their contract of employment. At the discretion of the Chief People and Culture Officer or nominee a payment in lieu of this notice may be made to the staff member. In cases of serious misconduct, the staff member’s employment may be terminated without notice, after following due procedure under applicable law and this Handbook.

Development and Promotion

3.46 The University is committed to building the capabilities and effectiveness of its staff through a range of development opportunities which will assist them to develop their careers and contribute to the achievement of the University's strategic goals.
3.47 The responsibility for identifying and supporting staff development is shared by individual staff members and their leaders:
  1. staff members are encouraged to take responsibility for their own work-related learning and career development. They are also encouraged to assist others in their development; and
  2. leaders are responsible for encouraging and facilitating professional development activities based on the priority of their work area and the University.
3.48 The learning and development needs of staff members are primarily identified by the leader and staff member through the DeakinAchieve framework and ongoing regular discussions, including for new staff as part of setting their probationary objectives (see Deakin’s Probation website).

Remuneration

Salaries

3.49 Staff members will receive salary payments on the pay dates specified on Deakin’s GIFT City Pay, Leave and Employment Information page, or in accordance with an individual employment contract.
3.50 Staff will receive their payslips via email to their Deakin email address from india.payroll@grokglobal.com.

Remuneration review

3.51 The University may review staff member’s salaries on an annual basis.
3.52 The University may apply an annual increase to all staff salaries, at its discretion with consideration of relevant cost of living and wage movement indexes.
3.53 The University may also review the salary of an individual staff member, or a group of staff members, on an annual basis, based on individual performance and/or changes in market conditions relating to skillset or demand. Any such review will be based upon the performance of the staff member, usually following the annual review of the staff member’s performance under the DeakinAchieve process, or at a time as specified in the staff member’s contract.
3.54 The reconsideration of a staff member’s remuneration will be undertaken in confidence and only discussed with the staff member if an increase is to be applied.
3.55 Any remuneration review, adjustment or increases will be at the sole discretion of the University.

Taxation and Indian Employment Schemes 

3.56 The University will deduct income taxation from a staff members’ salary on a monthly basis.
3.57 Staff members working primarily at the University’s GIFT City campus, may be eligible to various schemes such as the Employee Provident Fund Benefit and Gratuity Benefit, in accordance with the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and Payment of Gratuity Act, 1972, respectively, as amended from time to time.

Bonuses

3.58 Consistently high performing professional staff members may be recognised with a performance bonus payment at the University’s discretion, on advice from People and  Culture.

Time off in lieu

3.59 From time-to-time staff may be required to work longer hours to accommodate a pressing work issue, attend meetings or represent the University outside of their usual working hours. 
3. 60 Staff may be entitled to time off in lieu (TOIL) for any additional hours worked beyond their rostered or contracted hours, as agreed upon by the leader.
3.61 Staff must request approval for any overtime worked prior to working the overtime and the subsequent accrual of TOIL hours.
3.62 TOIL will be at a ratio of one hour worked to one hour time in lieu, except for public holidays, Saturdays and Sundays, where time in lieu will be granted on a time-and-a-half rate.
3.63 TOIL should be calculated in 15-minute intervals and can be claimed where the additional time worked exceeds 30 minutes.
3.64 TOIL should be taken as soon as possible after it has been accrued.
3.65 TOIL of more than four days may not be accrued by any one staff member.
3.66 TOIL must be taken at a time approved by the staff member’s leader. The leader shall not unreasonably deny the staff member’s request for TOIL, except in cases of significant operational needs within the area at that time.
3.67 A leader may direct a staff member to take TOIL, irrespective of whether a total of four days is reached by the staff member, if the leader considers it necessary for the staff member to rest and recuperate.

Underpayments and recovery of overpayments

3.68 Any underpayment to a staff member will be corrected and rectified by full payment being made on the next pay cycle, or otherwise as soon as is practicable, of notification of the underpayment to the People Services Division.
3.69 Where a staff member is overpaid for any reason, People Services will take all necessary steps to immediately recover the overpaid amount.
3.70 Where salary overpayment occurs, the staff member or former staff member will be informed by People Services about the overpayment and the options for repayment. The staff member and the University will negotiate an agreed repayment arrangement in good faith and arrangements will be made for repayment either by instalment or in a lump sum.
3.71 The University may deduct the amount of any debt owed to the University from a staff member’s final pay when their employment with the University comes to an end. The University will advise the staff member in writing that this will occur prior to doing so. 

Leaving Deakin

3.72 Whilst the University seeks to provide an environment where staff can fulfil their career aspirations, the University will also support staff as they transition from the University in accordance with the University’s Leaving Deakin Procedure.
3.73 The University’s Code of Conduct and a staff member’s contract of employment reflects the University’s values and the standards of conduct and performance of all staff.
3.74 Where the University has concerns in relation to a staff member’s conduct or performance this will be managed in accordance with the Disciplinary Procedure within this Handbook.
3.75 Staff may leave their employment or have their employment terminated by the University in accordance with their employment contract.

Resignation

3.76 All staff who wish to resign from the University must advise their leader in writing, of their intention to resign in accordance with the notice period specified in their contract of employment.
3.77 The leader may waive or reduce the period of notice at their discretion. In addition, if the leader has concerns relating to the resignation of a staff member, they should contact their Senior People and Culture Partner for options and advice.
3.78 Following receipt of the staff member’s notification of resignation, the leader will submit the resignation advice including final date of employment through DeakinPeople, My Team tile.
3.79 People Services will confirm the staff member's resignation in writing to the staff member and their leader.

Return of University property

3.80 On termination of employment, staff must return all Deakin property which is in their possession, power or control.
3.81 In the case of documents, compute records and other information, staff must not retain copies or parts of them.

Abandonment of employment

3.82 Where a staff member fails to perform their usual duties without prior notice or approval from their leader, the leader will attempt to contact the staff member at the earliest possible time.
3.83 If the leader is unable to make contact with the staff member, the leader should contact People Services.
3.84 People Services will write to the staff member to:
  1. seek an explanation for their absence;
  2. advise the staff member that the University intends to treat their failure to present for work as an abandonment of employment unless they return to work or provide acceptable reasons for their absence;
  3. request a response within five working days.
3.85 If no response is received, the Chief People and Culture Officer or nominee will send a final letter to the staff member confirming the end of the employment relationship and the payment of the balance of any entitlements.
3.86 While the steps outlined in clauses 3.88 to 3.89  of this Staff Employment and Lifecycle Policy occur, the Chief People and Culture Officer or nominee may place the staff member on leave without pay.
3.87 An unauthorised and unexplained absence from work for a total period of two weeks or more will normally constitute an abandonment of employment.

Actions for leader and staff members prior to staff member’s departure

3.88 Prior to the staff member’s departure:
  1. the leader and the staff member should review the checklist and information on the Leaving Deakin Checklist webpage; and
  2. the staff member may receive an invitation to complete an online Exit survey.
3.89 Staff must return all University property in their possession (see the Leaving Deakin Checklist page).
3.90 Any outstanding debts or overpayments must be cleared prior to departure, in accordance with clauses 3.74 to 3.76 of this Staff Employment and Lifecycle Policy.
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Section 4 - Leave and Festive Holidays Procedure

Purpose

4.1 This Leave and Festive Holidays Procedure provides information and sets out processes on:
  1. leave arrangements available to GIFT City Campus staff; and
  2. the festive holiday periods.

Scope

4.2 This Leave and Festive Holidays Procedure documents the GIFT City Campus leave and festive holiday arrangements but does not apply to casual professional staff or sessional academic staff, except where there is an express reference to casual or sessional staff entitlements.
4.3 For the avoidance of doubt, the leave entitlements and festive holidays listed in this Leave and Festive Holidays Procedure are exclusively applicable to staff members working, and permanently located, at GIFT City Campus.

Policy

4.4 This Leave and Festive Holidays Procedure is pursuant to the Staff and Employment Lifecycle Policy in Section 3 of this Handbook.

Procedure

Leave Entitlements

4.5 Staff members are provided with a range of leave entitlements, including annual leave, sick leave and casual leave.
4.6 Staff must apply for leave via DeakinPeople, which is submitted to the staff member's leader for approval.
4.7 Where an application has been made via DeakinPeople and approved by the leader, leave credits will be automatically adjusted once the leave has been taken.
4.8 If staff require any advice or support in applying for any type of leave, they should contact People Services.
4.9 All approvals are subject to the provision of any required documentation and verification that the staff member has an entitlement to the claimed leave.

Annual Leave

4.10 Staff are entitled to 18 working days' annual leave for each completed year of service (or pro-rata for part-time staff).
4.11 The dates for annual leave need to be agreed between a leader and their staff member. An academic staff member wishing to take recreation leave during a teaching period will only be approved to take the leave where arrangements can be made to cover the teaching responsibilities of the academic staff member.
4.12 Festive holidays that fall within the requested period of annual leave are not deducted from staff’s leave balance.
4.13 If a staff member’s employment comes to an end, any accrued but untaken annual leave will be paid out at cessation.

Excess annual leave

4.14 Staff are required and encouraged to take their annual leave entitlements as leave on an annual basis. Staff who have an annual leave balance of 18 days or more (or pro-rata for part-time staff) are considered to have an excess recreation leave balance.

Sick Leave

4.15 Staff are entitled to 7 days of sick leave per calendar year (or pro-rata for part-time staff). 
4.16 Sick leave does not accumulate year to year and will expire at the end of the calendar year.
4.17 A medical certificate or statutory declaration is required for sick leave absences greater than two consecutive workdays.
4.18 If a staff member’s employment comes to an end, any untaken sick leave will not be paid out at cessation.

Notification of Sick Leave and Return to Work

4.19 Staff must notify their leader on the first day of incapacity or at the earliest possible opportunity.
4.20 Staff should notify their leader as soon as they know which day they will be returning to work, if this differs from a date of return previously notified.

Casual Leave

4.21 Staff are entitled to 7 days of casual leave (or pro-rata for part-time staff).
4.22 Casual leave does not accumulate year to year and will expire at the end of the calendar year.
4.23 If a staff member’s employment comes to an end, any untaken casual leave will not be paid out at cessation.
4.24 Examples of when a staff member may take casual leave includes, but is not limited to:
  1. attending personal appointments (e.g. medical);
  2. taking a wellbeing day;
  3. attending workshops or seminars;
  4. caring for a family member.
4.25 Staff will need to seek prior approval from their leader, subject to operational requirements.

Leave Without Pay

4.26 Leave without pay is a period of approved unpaid leave from the University.
4.27 Leave without pay will only be approved if the operations of the area will not be disrupted by the leave being granted and where the staff member has no other paid leave credits.
4.28 A leader can approve a staff member’s leave without pay for periods of up to four weeks. Leave without pay in excess of four weeks must be approved by the Head of Organisational Unit. Following approval by their leader or Head of Organisational Unit the staff member must provide their approved leave without pay form to People Services.
4.29 Only in exceptional circumstances, and with the prior approval of the Executive Director, Customer Experience or nominee, will a staff member be allowed to take leave without pay while they have other paid leave credits available.
4.30 Leave without pay will not normally be granted for a period in excess of two years. A period of leave without pay in excess of two years may only be granted at the discretion of the Executive Director, Customer Experience or nominee in consultation with the relevant Head of Organisational Unit.
4.31 Staff are not entitled to undertake any type of paid work for the University whilst on leave without pay, including casual employment.

Festive Holidays and Close Down

4.32 GIFT CITY Campus will close for 14 days throughout the calendar year in recognition of certain festive holidays.
4.33 Deakin will observe the following festive holidays:
  1. New Years Day;
  2. Republic Day;
  3. Maha Shivratri;
  4. Holi;
  5. Good Friday;
  6. Muharram;
  7. Independence Day;
  8. Janmashtami (Vaishnavi);
  9. Milad-un-Nabi or Id-e-Milad (Birthday of Prophet Mohammad);
  10. Mahatma Gandhi’s Birthday;
  11. Dussehra;
  12. Diwali;
  13. Guru Nanak’s Birthday; and
  14. Christmas Day,
collectively known as Festive Holidays.
4.34 If any of the abovementioned Festival Holiday dates fall on a weekend, staff will not receive the next available working day, as time off work in lieu of the Festival Holiday falling on a weekend.
4.35 Festive Holidays that fall within the requested period of annual leave are not deducted from staff members’ annual leave balance.
4.36 The Festive Holidays only apply to staff working primarily on GIFT City Campus.
4.37 The Australian campuses will observe differing University Holidays as specified in the Deakin University Enterprise Agreement 2023 (2023EA) and the University’s Leave Procedure. Staff that collaborate and work alongside teams situated in Australia are expected to exhibit due considerations and awareness of the designated Australian specific University Holidays.
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Section 5 - GIFT Workplace Adjustments Procedure

Purpose

5.1 The University values diversity, embraces difference, respect, and welcomes all. The University is committed to providing an accessible and inclusive workplace to enable people with temporary or permanent disability or medical conditions to safely perform in all aspects of employment. Workplace adjustments remove barriers so that individuals with disability or a medical condition can perform the inherent requirements of their position.
5.2 This GIFT Workplace Adjustments Procedure details the process for staff and prospective staff to request and implement workplace adjustments to accommodate a disability or medical condition.

Scope

5.3 This GIFT Workplace Adjustments Procedure applies to all prospective and current staff of the University working primarily at the GIFT City Campus.

Policy

5.4 This GIFT Workplace Adjustments Procedure is pursuant to the University’s Diversity, Equity and Inclusion Policy.

Procedure

Workplace Adjustments

5.5 Workplace adjustments can be made to support individuals with an injury, ill health or disability to perform their role. A disability is defined under the Rights of Persons with Disabilities Act, 2016 and may be temporary or permanent, total or partial, lifelong or acquired.
5.6 It is unlawful to discriminate on the basis of disability under the Rights of Persons with Disabilities Act, 2016. The University is committed to making workplace adjustments.
5.7 Adjustments can be changes to a work environment that support individuals to take part in work-related activity and/or effectively undertake the inherent requirements of their job. Adjustments are unique to each individual and should be tailored to meet individual requirements and circumstances.
5.8 Workplace adjustments can be effective in enabling current or prospective staff with a disability, injury or a medical condition to:
  1. safely perform the inherent requirements of their job;
  2. have equal opportunity in recruitment processes, promotion, training and development;
  3. experience equitable terms and conditions of employment;
  4. increase productivity;
  5. participate fully in all areas of employment; and
  6. prevent health conditions from deteriorating.

Reasonable adjustments

5.9 Workplace adjustments may be temporary or permanent. Examples of workplace adjustments include, but are not limited to:
  1. provision of appropriate equipment or assistance to ensure there is no barrier in the recruitment and selection process;
  2. modifications to equipment or the supply of specialised equipment, furniture or work related aids;
  3. alterations to premises or work areas;
  4. flexible working arrangements including changes to start/finish times;
  5. providing essential information in accessible formats;
  6. provision of Auslan, ASL or BSL interpreters, readers or captioning;
  7. adjustments to work tasks and methods; and
  8. provision of support and training to co-workers/leaders; and
  9. approving an additional request for leave.
5.10 A staff member’s request for extra leave, for a reason related to their disability, will be treated as a request for reasonable accommodation and will be evaluated accordingly on a case-to-case basis. In addition to the leave entitlements available to all staff, staff with disability may avail a further 5 days of leave per year, on account of their disability, subject to providing adequate evidence in this regard.

Access to Work, Facilities and Amenities

5.11 The University will make every effort to ensure that all parts of GIFT City Campus is accessible to persons with disabilities. The University will use its best efforts to make appropriate official programs, training sessions and events reasonably accessible to employees with disabilities.
5.12 Some of the specific measures that the University has endeavoured to put in place, and will continue to do so going forward, are:
  1. ensure that adequate and well-illuminated spaces, with access to elevators, where relevant, are allocated to persons using mobility devices such as wheelchairs and walkers, as well as those walking with the assistance of other persons;
  2. ensure that signage within the workplace/premises is visible and legible to all staff, including providing braille and audio signs wherever possible;
  3. provide conveniently located washrooms that are accessible to persons with disabilities;
  4. ensure that the only way to move between levels is not by way of stairs, and that persons with disabilities have access to ramps or elevators;
  5. provide resting facilities, especially in parts where the persons with disabilities are required to cover large distances;
  6. make waiting areas, canteens and other facilities accessible to persons with disabilities;
  7. provide clearly demarcated reserved parking to persons with disabilities at a convenient distance from the workplace building;
  8. install handrails wherever necessary;
  9. ensure that drinking water units/fountains are accessible to staff with disabilities; and
  10. put in place a system for evacuation of all staff, including persons with disabilities, in case of an emergency (e.g. fire).
5.13 To the extent possible and relevant, the University will extend these measures to visitors who are persons with disabilities.

Requesting a workplace adjustment

5.14 Staff and visitors may contact Diversity, Equity and Inclusion, or the People Solutions (Wellbeing) team to request appropriate adjustments commensurate with the activity they are undertaking at the University.
5.15 When requesting a workplace adjustment, individuals will be required to disclose a disability or medical condition. There is no requirement on staff to disclose information, however, if such information is not provided, workplace adjustments may not be able to be accommodated. Individuals may also be required to provide medical evidence to support a request.
5.16 Information related to an individual’s disability or medical condition will be treated in accordance with the University’s Privacy Policy. 

Recruitment

5.17 All positions advertised will be available to all candidates to apply, irrespective of whether they have a disability or a medical condition. An individual may elect to disclose whether they have a disability or medical condition when they are applying for a position at the University.
5.18 During the application process, individuals may discuss any required workplace adjustment(s) with a member of the Recruitment Team at prior to participating in the interview and selection process. There is no requirement to share the details of the disability or medical condition.

During employment

5.19 The manner of employment of an individual with disabilities will be the same as the process prescribed for the employment of individuals without disabilities, subject to reasonable accommodations and applicable law.
5.20 An individual may elect to disclose whether they have a disability, injury or medical condition when they receive a contract of employment by the University. This will enable the University to provide effective and early support, if required. A member of the People Solutions (Wellbeing) team will contact the individual to discuss whether any support or adjustments are required in the first instance.
5.21 Existing staff who wish to seek reasonable adjustments relating to a disability, injury or medical condition are encouraged to speak with their leader about their requirements.  After an initial discussion, the staff member’s leader may implement the adjustment, or they may seek advice or assistance from the People Solutions (Wellbeing) team or the Diversity, Equity and Inclusion team. Alternatively, staff may prefer to seek advice or discuss workplace adjustments with one of these directly.
5.22 A leader may also request the assistance or advice of a People Solutions (Wellbeing) Consultant to provide support regarding workplace adjustments for a staff member returning to work following a long term or complex illness or injury.
5.23 The People Solutions (Wellbeing) Consultant will work with the staff member and their leader to identify what reasonable workplace adjustments can be made and if required, ensure these adjustments are documented in a Workplace Adjustment Plan.
5.24 At any point in the development of a Workplace Adjustment Plan, the staff member and/or the People Solutions (Wellbeing) Consultant may seek support from other internal or external stakeholders, for example the relevant Senior People and Culture Partner, the Diversity, Equity and Inclusion team, a health provider, or a disability service provider.  Where confidential information is sought from external parties, the staff member’s consent will be obtained.
5.25 There is no requirement on staff to disclose their disability or medical condition to the University, however, if such information is not disclosed, workplace adjustments may not be able to be accommodated.

Assessing and determining workplace adjustments

5.26 When assessing workplace adjustments, the People Solutions (Wellbeing) Consultant and the staff member’s leader will make genuine attempts to accommodate the request and implement the adjustments, unless the adjustment would result in unjustifiable hardship to the University.  
5.27 To determine whether the adjustment would result in unjustifiable hardship, the People Solutions (Wellbeing) Consultant and the staff member’s leader will consider:
  1. whether the adjustment is reasonable;
  2. whether the inherent requirements of the job cannot be performed, even if the adjustment is made;
  3. the financial impact and estimated amount of expenditure required to be made in making the adjustment;
  4. the effect the adjustment would have on other staff and disruption to the work area (including on efficiency and productivity); and
  5. restrictions to the amendment of a building due to council or other applicable laws.
5.28 The People Solutions (Wellbeing) Consultant and the staff member’s leader will consult with the staff member during the assessment process.  If the request is denied based on unjustifiable hardship, the reasons for this decision will be provided to the staff member in writing.

Implementing workplace adjustments

5.29 Once the workplace adjustment has been reviewed and approved by the People Solutions (Wellbeing) Consultant and the staff member’s leader, it is the responsibility of the leader to ensure that the agreed adjustments are implemented within a reasonable period.
5.30 The timeframe for implementing workplace adjustments will vary depending on individual circumstances and the type of workplace adjustment. The leader will make details of expected timelines available to the staff member requiring adjustment within the following timeframes:
  1. for new employees, before commencement in the new position, provided it is practicable to do so; and
  2. for existing employees, no longer than 21 working days, provided it is practicable to do so.
5.31 Costs for workplace adjustments are covered by the relevant area in which the staff member is employed. 

Monitoring adjustments and ongoing support

5.32 The staff member and their leader should agree on review dates for any workplace adjustment to ensure that the adjustment has been appropriate and effective. Adjustments should be reviewed as required to ensure the adjustment continues to be successful in enabling the staff member to work safely and productively.
5.33 Where the adjustments involve reduced hours for a temporary period, the People Solutions (Wellbeing) Consultant will work together with the staff member and their leader to ensure that the duties and hours are consistent with capacity for work, and that hours are gradually increased in accordance with supporting medical advice.
5.34 Staff members are responsible for keeping their leader and the People Solutions (Wellbeing) Consultant updated with any relevant changes in their disability or medical condition.

Maintaining records

5.35 To ensure Deakin is fulfilling its legislative obligations in accordance with the Rights of Persons with a Disability Act, 2016, Deakin will maintain records of matters relating to:
  1. the employment of individuals with a disability or medical condition, facilities provided and other necessary information in such form and manner as may be prescribed by the Central Government of India; and
  2. the number of individuals with a disability seeking employment.
5.36 These records shall be open to inspection by those authorised by the Central Government of India.
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Section 6 - Workplace Grievance Procedure

Purpose

6.1 This Workplace Grievance Procedure provides information and guidelines to assist in the internal resolution of workplace grievances and provides GIFT City staff members with an avenue to raise work-related concerns where no other formal dispute settlement procedure exists.

Scope

6.2 This Workplace Grievance Procedure applies to all prospective and current staff of the University working primarily at the GIFT City Campus.

Policy

6.3 This Workplace Grievance Procedure is pursuant to the Behaviours in the Workplace Policy in Section 1 of this Handbook.

Procedure

What is a grievance?

6.4 From time to time a grievance may arise at work. For the purposes of this Workplace Grievance Procedure, a workplace grievance is any issue or complaint that arises in the workplace causing a staff member concern or distress.
6.5 Grievances can arise from behaviour or conduct of others, company policies (e.g. behaviour such as bullying, harassment and discrimination) and/or other workplace processes.

Timely reporting and simultaneous complaints

6.6 Timely reporting of complaints is important to ensure fair treatment of all involved. Complaints should be reported as soon as practicable from when the staff member first becomes aware of the matter but no later than 12 months after the most recent incident related to the complaint.
6.7 By special exemption, the relevant Executive Director or nominee may accept a complaint where the most recent incident related to that complaint occurred more than 12 months prior.
6.8 A complaint cannot be made under this Workplace Grievance Procedure if a determination relating to the same facts, is underway, or has already been made under another internal University process.
6.9 Making a complaint to an external body does not preclude the University from investigating a matter as set out in this Workplace Grievance Procedure, although the University will be mindful of the need to ensure co-operation with external agencies.

Personal Resolution

6.10 Wherever possible, minor interpersonal issues and misunderstandings should be resolved quickly and with minimal formality. In such cases, the emphasis is on ensuring that individual needs and expectations are met without significant deterioration to the working relationship between staff members, teams, and their leaders.
6.11 If a staff member is comfortable doing so, they should speak to the person who engaging in the behaviour, advise them that the behaviour is unwelcome and ask them to stop. This is not a compulsory step and should not be undertaken if the staff member feels uncomfortable addressing the matter directly with the person, or if the staff member confronts the person and the behaviour continues.
6.12 If the staff members does not feel comfortable raising the issue with the person concerned, or they raise the issue and there is no change in behaviour, they should raise their concerns to their leader or to their Senior People and Culture Partner.
6.13 Complaints can be managed through informal or formal processes. The process that will be adopted will be determined by the University, in consultation with the staff member, and having regard to all the circumstances.
6.14 Nothing in this Workplace Grievance Procedure is intended to prevent the staff member from informally raising matters with their leader. Informal discussions can frequently solve problems without the need for a written record.

Informal Resolution Process

6.15 A staff member wanting to raise a complaint should speak to their direct leader immediately. 
6.16 For complaints relating to bullying, harassment and discrimination, the University recognises that such complaints can sometimes be of a sensitive or intimate nature that the staff member may not feel comfortable raising the issue directly with their leader. In these circumstances, the staff member is encouraged to raise such matters with senior leadership or their Senior People and Culture Partner.
6.17 The staff member should inform their leader if they have attempted to resolve a grievance through personal intervention which was ultimately unsuccessful.
6.18 As soon as possible after being notified, the University will determine whether to commence the resolution process. If the University determines that the complaint warrants commencement of the informal resolution process, the University will as soon as possible:
  1. gather such information as required to assist with the resolution of the grievance; and
  2. attempt to settle the grievance through discussions of holding meetings, by arranging counselling or mediation or such other process the University considers appropriate and suitable to the nature of the grievance, including recording any agreement reached between the parties in writing.
6.19 After the conclusion of the informal resolution process, the University will inform the staff member and the other party of the outcome of the process and specify any action that has been agreed by both parties.

Formal Resolution Process

Raising a formal complaint

6.20 Where the informal approach fails or if the behaviour is more serious, the staff member may request in writing that their grievance be formally investigated. The request and complaint should be raised with the staff member’s direct leader or their Senior People and Culture Partner immediately.
6.21 If the leader’s behaviour is the subject of concern, the staff member may formally escalate the matter to senior leadership in writing.
6.22 For complaints relating to discrimination, harassment or sexual harassment, please refer to the University’s Sexual Harm Response Procedure and the University’s Complaints: Discrimination, Harassment, Victimisation and Vilification (Staff) Procedure.
6.23 No adverse action will be taken, and there will be no retaliation whatsoever against any staff members who raise grievances. All proceedings will be kept confidential and handled with discretion by both the University and the staff member.

Investigation

6.24 A formal process may involve an investigation of the complaint. This will require the staff member to provide detail about the alleged behaviour, including when it occurred, what occurred and whether any witnesses were present. An investigation involves collecting information about the complaint, speaking to the person alleged to have engaged in the behaviour and any witness, and subsequently making a finding.
6.25 The University will determine whether an investigation should be conducted internally or by an externally appointed person.
6.26 During the investigation, the University will consider any appropriate steps to take to ensure no further harm is suffered by the staff member raising the grievance, and to ensure the investigation is encumbered. This may involve a temporary transfer of the alleged bully or harasser to another work area, or suspension with or without pay until the matter has been resolved.
6.27 The investigator will invite the staff member and other party to attend separate meetings, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. The staff member and other party has the right to be accompanied by a support person.
6.28 Those involved in the investigation will be expected to act in confidence and any breach of confidence will be subject to disciplinary action.

Disciplinary action

6.29 Once the investigation is concluded, the University will consider what, if any, disciplinary action should be taken and what steps are necessary to resolve the complaint, having regard to a variety of factors including but not limited to, the seriousness, impact, history of the conduct, the other parties’ record, degree of physical contact and the other party’s willingness to cooperate.

Support and Withdrawing a Complaint

6.30 A staff member making a complaint, or a staff member who is subject of the complaint, may seek the assistance of a support person at any stage during the process.
6.31 The University acknowledges that complaint processes can be difficult for all parties involved and strongly encourages people to seek support. Further information is available at the Employee Wellbeing Support (EWS) page on Deakin Hub.