Water & Ports

Dodgy Disciplinary Policy Needs Changing

Details

Published on Sunday, 11 April, 2010

In 2009 Sydney Water and the ASU were engaged in negotiations for a new disciplinary policy. These were never concluded and Sydney Water is continuing to use a disciplinary policy that was never agreed upon.

Fact Finding Farce

Sydney Water has recently engaged in a number of ‘fact finding’ investigations of members and delegates across Sydney Water.

These investigations and the way in which they have been conducted have caused serious concern to the ASU.

We have serious fears that any member who participates in fact finding investigations may find themselves severely disadvantaged.

In the course of these ‘fact finding’ investigations Sydney Water have:

• engaged former police officers and workcover investigators to interview staff for up to 4 hours pulling small comments from long interviews as evidence of misconduct.
• asked staff to reply without knowledge of what they are accused of
• failed to appoint unbiased people to investigate allegations
• disciplined staff whilst the Union is disputing their process

Whilst participating in these investigations in good faith members have had their words turned against them and more serious allegations brought as a result.

Your Right to Representation

The Fair Work Act provides that staff are allowed to be represented at meetings.

The ASU believe members have the right to have a Union representative represent them during any disciplinary proceedings, Sydney Water asserts you are allowed a silent ‘support person’ only.

Union Delegates and officials have been instructed by Sydney Water to keep quiet in these meetings, this is not acceptable.

Sydney Water has given undertakings in Fair Work Australia that they will renegotiate the disciplinary policy, until this is complete and we have a fair disciplinary policy do not under any circumstances attend a ‘fact finding’ investigation.

The ASU is advising all members not to attend any fact finding investigations until further notice and that members do not attend any disciplinary meeting with Sydney Water where your representative is denied the right to speak.