GRIEVANCE AND RESOLUTION POLICY

Transcription

1 GRIEVANCE AND RESOLUTION POLICY Document owner: WGC Board Date of Board approval: 28 October 2015 Scheduled review: January 2018 Document linkages: Board Charter Memorandum of Association Articles of Association Code of Business Conduct and Ethics for Directors Conflict of Interests Policy Code of Conduct for Members Disciplinary Policy Privacy Policy Introduction The grievance procedure set out in this Policy applies to disputes between:- 1. a Member and another Member; 2. a Member and the Board; 3. a Member and Woodlands Golf Club (the Club) A Member must not initiate a grievance procedure in relation to a matter that is the subject of a disciplinary procedure until the disciplinary procedure has been completed. Resolution The parties to a dispute must attempt to resolve the dispute between themselves within 7 days of the dispute coming to the attention of each party. Appointment of a mediator If the parties to a dispute are unable to resolve the dispute between themselves within 7 days, the parties must within 10 days:- notify the Board of the dispute; and agree to or request the appointment of a mediator; and attempt in good faith to settle the dispute by mediation. The mediator must be a person chosen by agreement between the parties; or, in the absence of agreement if the dispute is between a Member and another Member a person appointed by the Board; or if the dispute is between a Member and the Board or the Club a person appointed or employed by the Dispute Settlement Centre of Victoria. A mediator appointed by the Board may be a Member or former Member of the Club but in any case must not be a person who:-

2 has a personal interest in the dispute; or is biased in favour of or against any party. Mediation process The mediator to the dispute, in conducting the mediation, must:- give each party every opportunity to be heard; and allow due consideration by all parties of any written statement submitted by any party; and ensure that natural justice is accorded to the parties throughout the mediation process. The mediator must not determine the dispute. Failure to resolve dispute by mediation If the mediation process does not resolve the dispute, the parties must refer the dispute to the Board and the Board must further attempt to resolve the dispute.

3 DISCIPLINARY POLICY Document owner: WGC Board Date of Board approval: 28 October 2015 Scheduled review: January 2018 Document linkages: Board Charter Memorandum of Association Articles of Association Code of Business Conduct and Ethics for Directors Conflict of Interests Policy Code of Conduct for Members Grievance and Resolution Policy Privacy Policy Introduction Woodlands Golf Club (the Club) may take disciplinary action against a Member in accordance with this Policy if it is determined that the Member has failed to comply with The Articles of Association and/or By-Laws; or refuses to support the purposes of the Club; or has engaged in conduct prejudicial to the Club; or (iv) engaged in conduct unbecoming a Member. Disciplinary subcommittee If the Board is satisfied that there are sufficient grounds for taking disciplinary action against a Member, the Board must appoint a Disciplinary Panel to hear the matter and determine what action, if any, to take against the member The members of the Disciplinary Panel may be Board members, Members of Woodlands or anyone else; but must not be biased against, or in favour of, the Member concerned. Notice to member Before disciplinary action is taken against a member, the General Manager must give written notice to the member stating that the Club proposes to take disciplinary action against the Member; and (iv) stating the grounds for the proposed disciplinary action; and specifying the date, place and time of the meeting at which the Disciplinary Panel intends to consider the disciplinary action (the Disciplinary Meeting); and advising the Member that he or she may do one or both of the following:- attend the Disciplinary Meeting and address the Disciplinary Panel at that meeting; the member is permitted to invite a support person to act as a silent non-participative observer.

4 (v) provide a written statement to the Disciplinary Panel at any time before the Disciplinary Meeting; and setting out the Member's appeal rights under this Policy. The notice must be given no earlier than 14 days, and no later than 7 days, before the Disciplinary Meeting is held. Decision of Disciplinary Panel At the Disciplinary Meeting, the Disciplinary Panel must:- give the Member an opportunity to be heard; and consider any written statement submitted by the Member. Following the Disciplinary Meeting, the Disciplinary Panel may:- take no further action against the Member; or reprimand the Member; or suspend the membership rights of the Member for a specified period; or (iv) expel the Member from the Club The Disciplinary Panel may not fine the Member. The suspension of membership rights or the expulsion of a Member by the Disciplinary Panel under this Policy takes effect immediately after the vote is passed. A Member expelled under this rule shall forfeit all right in and claim upon the Club and its property. Appeal rights A person whose membership rights have been suspended or who has been expelled from the Club under this Policy may give notice to the effect that he or she wishes to appeal against the suspension or expulsion. The person must provide such notice in writing to the Board and General Manager within 48 hours of the conclusion of the Disciplinary Meeting. If a person has given notice of appeal under this policy, a Disciplinary Appeal Meeting must be convened by the Board as soon as practicable, but in any event not later than 14 days, after the notice is received. Notice of the Disciplinary Appeal Meeting must be given to each Member of Woodlands who is entitled to vote as soon as practicable and must:- specify the date, time and place of the meeting; and state the name of the person against whom the disciplinary action has been taken; and the grounds for taking that action; and that at the Disciplinary Appeal Meeting the Members present must vote on whether the decision to suspend or expel the person should be upheld or revoked. Conduct of Disciplinary Appeal Meeting The Disciplinary Appeal Meeting will be chaired by the Captain or his/her delegate providing such delegate is a Director of the Club. At a Disciplinary Appeal meeting

5 (iv) no business other than the question of the appeal may be conducted; and the Board must state the grounds for suspending or expelling the Member and the reasons for taking that action; the person whose membership has been suspended or who has been expelled must be given an opportunity to be heard; and no new evidence may be submitted and no questions are permitted to be asked by Members present After complying with these requirements the members present and entitled to vote at the meeting must vote by secret ballot on the question of whether the decision to suspend or expel the person should be upheld or revoked. A Member may not vote by proxy at the meeting. The decision is upheld if not less than three quarters of the members voting at the meeting vote in favour of the decision.