Aboriginal
Justice
Centre Inc.

Human Resources Manual

July 2006

HUMAN RESOURCES MANUAL 4

1.1 Recruitment Policy 5

Equal Employment Opportunity 5

Workforce Diversity 5

Anti Discrimination 6

Reasonable Adjustment 7

Monitoring 7

Determining the Nature of the Vacancy 8

Duty Statement and Selection Criteria 8

Advertising Vacancies 9

Applicant Information 9

Interviews and Selection 9

Notification and Feedback 10

Letters of Appointment and Contracts 11

1.2 Remuneration Policy 14

Pay Rates 14

Payroll Management 14

Payroll Procedures 14

1.3 Salary Sacrificing Policy 15

1.4 Staff Entitlements & Conditions Policy 17

General Information 17

Leave Entitlements 17

Superannuation 18

Public Holidays 19

Working Hours And Meal Breaks 19

1.5 Health And Safety Policy 20

Responsibilities of Management 20

Regular Review of Health and Safety 21

Responsibilities of Employees 21

Office Environment 21

Identification and Assessment of Workplace Hazards and Risks 22

Elimination and Control of Workplace Hazards 22

Emergency Evacuation Procedures 22

Responding to Accidents and Injuries 23

Responding to Physical Threats In Reception 23

Responding to Physical Threats Within Office Areas 24

1.6 Code of conduct for AJC 25

Code of Conduct 25

1.7 Industrial Democracy Policy 27

Representation 27

Consultation 27

Problem Solving 27

1.8 Supervision Policy 29

1.9 Performance Appraisal Policy 30

1.10 Training and Development Policy 31

Conferences 31

1.11 Volunteers Policy 32

Volunteer Coordination 32

Support and Supervision 33

Recognition 34

Work for the Dole 34

1.12 Counselling and Disciplinary Policy 35

Employees 35

Volunteers 35

1.13 Termination of Employment Policy 36

Employee Resignation 36

Termination Of An Employee 36

Termination of a Volunteer 37

HUMAN RESOURCES MANUAL

This manual contains a number of policies and procedures related to the management of people within the Aboriginal Justice Centre (AJC). People may include:

1) Employees who undertake work on a full-time, part-time or casual basis, typically under the following conditions:

·  Payment consisting of a wage or salary;

·  Working regular or defined hours on AJC premises;

·  With entitlements including leave and superannuation;

·  Covered by AJC insurance; and

·  Provided with supervision and training.

2) Contractors who are engaged by AJC to undertake specific tasks or bodies of work, the completion of which will terminate their relationship with the organisation, at least in the short-term. Contractors are typically:

·  Paid an agreed sum for specific outputs or outcomes, on an agreed schedule;

·  Self employed and may work from their own premises or use their own equipment;

·  Required to hold their own insurance and make their own provision for employment entitlements; and

·  Expected to provide regular progress reports.

3) Volunteers who freely contribute their time and skills to AJC without remuneration. Volunteers can expect similar working conditions as employees with regard to duty statements, health and safety, supervision and training etc. Volunteers may be may be reimbursed for out of pocket expenses but are not typically paid remuneration or bound by a contract.

4) Representatives who participate in forums or events (eg committees or working groups) on behalf of AJC and its members. Like volunteers, representatives may be may be reimbursed for out of pocket expenses but are not typically paid remuneration or bound by a contract.

The policies and procedures contained in this section refer to all people working for AJC unless specific exclusions or alternatives are stated.

1.1 Recruitment Policy

AJC seeks to provide a safe and supportive work environment in which individual talents are fostered and teamwork is encouraged. We have a commitment to promoting diversity and flexibility in the workplace. We expect all employees be responsible for sustaining a harmonious and diverse workforce. We also recognise the importance of supporting employees to enjoy a reasonably balanced work life. Where feasible, we have a commitment to provide access to part-time, job sharing, work life balance and personal development opportunities.

When recruiting and appointing staff AJC seeks to ensure that new employees have the skills, attributes and experience needed for their position, or the support and training to develop these skills. The purpose is to ensure that individual appointments provide positive employment opportunities for individuals and strengthen the team as a whole.

Equal Employment Opportunity

AJC is committed to social justice and equity for all. In its own organisational arrangements this commitment is no less. Equal Employment Opportunity (EEO) is about setting in place structures designed to ensure that all people would have a fair opportunity to compete for employment and career advancement on the basis of their skills, ability and knowledge.

Equal Employment Opportunity exists where discrimination in employment on the grounds of age, race, nationality, sexual preference, pregnancy, marital status, religion, political affiliation, or employment status has been eliminated. Equal Employment legislation is in place to ensure that people are not disadvantaged in their lives and work due to prejudice and ignorance.

Our objectives for implementing EEO include:

·  Support and promote diversity in the work force;

·  Create a more responsive and culturally sensitive organisation;

·  Help to eliminate discrimination and social forms of disadvantage; and

·  Demonstrate our commitment to social justice.

The Board and the CEO of AJC are wholly committed to the principles of equal employment opportunity and will promote these principles in both employment and service delivery policies and practices within the workplace. All persons working on behalf of AJC are expected to take responsibility for fair, non-discriminatory behaviour. All discriminatory behaviour is undesirable, may be unlawful and cannot be tolerated.

AJC will take active steps to ensure fair and equal representation and treatment for people who may be otherwise disadvantaged in employment. This applies to all positions including paid employees, contractors, volunteers and representatives.

Workforce Diversity

AJC will work to build and maintain a diverse workforce that incorporates a balance of perspective's and experiences. In particular, AJC will seek to actively support and encourage the engagement and promotion of people who have historically been disadvantaged in the workforce. This includes (but is not limited to) the following identified target groups: women, people from diverse cultural and linguistic backgrounds, and people with a disability.


Where applicants for positions at AJC are:

1  Generally equal in their merit claims for the position, the selection process shall have regard for the need to create or maintain the balance referred to above.

2  An applicant who is a member of a target group is able to convince the interview panel that within a reasonable time and with reasonable training, they will be approximately equal in their merit claims with other applicants.

3  The selection process shall have regard for the need to create or maintain the balance referred to above and, shall recognise the legitimacy of taking potential into account in the selection criteria.

It is essential that all employment practices preserve the employment and career progression opportunities for target group members. To achieve this outcome, AJC will:

·  Ensure that all staff have a good knowledge and understanding of Equal Employment Opportunity principles and practices by making available to all staff a copy of this policy which encompasses AJC's Equal Employment Opportunity policy and practices;

·  Encourage, and where necessary, assist all staff to be aware of their responsibilities under the relevant human rights and anti-discrimination legislation;

·  Use staff development funds to provide training courses and programs for EEO target group members.

·  Give particular recognition to the generally disadvantaged position of the target group members in the economy when carrying out its advocacy, information dissemination, research and policy services;

·  Ensure that sexist and racial language or sexual and racial stereotypes are not used and that staff understand that sexual and racial discrimination or harassment will not be tolerated.

Anti Discrimination

AJC strives to take all reasonable steps to prevent discrimination and harassment in the workplace. This includes actively implementing precautionary measures to minimise the risk of discrimination and harassment occurring.

AJC prohibits employees, volunteers, contractors or representatives engaging in any behaviour that constitutes discrimination or harassment of others on the basis of: race; sex; marital status; impairment; age; sexuality or transexuality; pregnancy; breastfeeding; status as a parent or carer; religious or political conviction; membership or non-membership of an association or organisation; profession, trade, occupation or calling.

Discriminatory behaviour refers to treating people less favourably on the basis of one or more attribute (direct discrimination) or treating everyone the same in a way that ends up being unfair to people who have any of the attributes listed above (indirect discrimination). This can be in relation to employment opportunities, opportunities for career development or promotion or day-to-day work practices. It can also be in relation to providing AJC services, access to premises or participation in events hosted by the organisation.

AJC discourages discrimination in the work place through:

·  The display of posters and brochures upholding social justice and human rights;

·  Providing or arranging appropriate training and/or information for all staff and managers on their role in ensuring that the workplace is free from discrimination and harassment;

·  Providing information and/or advice to employees on what to do if they are discriminated against or harassed;

·  Ensuring that appropriate standards of professional conduct are adhered to at all times;

·  Ensuring that selection criteria for supervisory positions include the requirement that applicants have a demonstrated understanding of and ability to deal with discrimination and harassment issues as part of their overall responsibility for human resources. Their competence in this area can be tested at selection interviews;

·  Regular checking that managers are fulfilling their responsibilities through performance appraisal schemes;

·  The removal of offensive, explicit or pornographic calendars, literature, posters and other materials from the workplace;

·  The prohibition of offensive electronic media including the distribution or viewing of e-mail, screen savers and web sites that contain pornography or discriminatory material on any AJC computer.

Reasonable Adjustment

AJC's policy is that the principle of reasonable adjustment is to be exercised in respect of people who experience or are at risk of disadvantage in the work place. The principle of reasonable adjustment is designed to remove those policies and practices that represent a barrier to the work satisfaction or career of staff members with disabilities, injury or illness or special responsibilities.

As a general rule, the supervisor will adjust his/her expectations and, if necessary, vary the work arrangements in order to facilitate the induction of the new staff member into the workplace. The supervisor is to adjust his expectations of the staff member where the productivity of the staff member is restricted by the lack of appropriate technology. Where the staff member's productivity can be substantially increased through the acquisition of new technology, the supervisor will take all reasonable steps to acquire such technology.

In respect of staff members with carer responsibilities, the supervisor is to take a flexible approach to approving leave and working arrangements in order to accommodate, as far as possible, the needs of these employees. These matters are dealt with more fully in the AJC Industrial Democracy Section of this manual.

Monitoring

AJC monitors its employment and advancement statistics with regard to gender, age, cultural background and disability, in order to:

·  Achieve a balanced workforce that reflects the wider community

·  Identify any hidden barriers that may prevent or reduce equal opportunity

·  Take affirmative action where disadvantage is identified

Recruitment Procedures

Determining the Nature of the Vacancy

The decision to recruit personnel will be made by the CEO, in consultation with staff (in accordance with the Industrial Democracy Policy). The table below lists some considerations in determining whether the appropriate role would be a paid employee, contractor, volunteer or representative.

ROLE / CONSIDERATIONS
Employees / ·  The work is ongoing or of a reasonable period of time to provide some employment stability.
·  The skills required will benefit the staff team as well as the specific tasks or projects to be performed.
·  Supervision, training, work space and equipment can be provided, appropriate to the position.
·  The work or similar work has previously been performed by an employee.
Contractors / ·  The skills required are specialist or likely to be difficult to secure in an employee.
·  There is limited supervision available or inadequate work space or equipment.
·  The task is time limited and/or highly specific and may be easily performed externally.
·  The work outputs or outcomes can be clearly defined for contractual purposes.
Volunteers / ·  The work would not otherwise be performed by an employee or in any way reduce paid employment opportunities within AJC.
·  The work holds potential benefits (eg skills development, personal satisfaction) for a volunteer and complements work being undertaken by employees.
·  There is adequate supervision, support and resources available.
·  The work is not subject to contractual obligations, challenging time frames or other external requirements that may place undue stress on a volunteer.
·  A volunteer can perform the work safely and be adequately covered by insurance.
Representative / ·  A representative may be a volunteer, an employee, a Board member or a member, or someone from an affiliated organisation or group.
·  Representatives will typically be chosen on the basis of skills, knowledge and interests in the relevant area, a willingness to liaise with AJC and represent member views and capacity to commit the time needed.

Duty Statement and Selection Criteria

All advertised employment vacancies must have a duty statement and selection criterion. Comparable but alternative information may be developed for volunteer or contractor vacancies.

Duty statements and selection criteria will avoid overt or covert discrimination. To eliminate the potential for discrimination, staff members preparing job descriptions will clearly distinguish between essential requirements of the job and those that are desirable. An essential requirement is one that the person must have in order to do the job, whereas a desirable requirement is one that, while not essential to doing the job, would greatly assist in this outcome.

Where possible selection criteria will focus on the skills required without relying on formal qualifications to encourage diversity in applications. For example: criteria such as 'the ability to analyse government policy' rather than 'tertiary qualifications in policy analysis' are less likely to discourage people with informal rather than formal education and experience or people with overseas qualifications.