At the September Community Meeting, on behalf of the committee working on processes for dispute resolution and breaches of our code of conduct, Lexie & Nityama presented draft documents, which were discussed.
The meeting also endorsed the updated ‘marked up’ rule on dispute resolution for filing with NSW Dept of Fair Trading in the Co-op’s rules, and agreed that it be voted at the October GM.
The meeting agreed that draft documents be posted here, and invite further inputs, either directly to lexie.amor.1@gmail.com, or in ‘comments’ below.
Suggested amendments to the draft DISPUTES RESOLUTION:
1. A more appropriate title would be Complaints Management as a member’s complaint needs to be investigated before deciding if it is a dispute or a breach of conduct. Whether or not it is a dispute is determined further into the process
Also the Delegation Manual, Point 4 refers to this process as Complaints Management.
2. Step 3 – the Directors and the Complaints Management Team (not called Disputes Team) should decide whether the incident is a dispute or a breach of the Code of Conduct.
3. Step 4A – The link takes us to the ‘Resolving co-operative disputes’ Fact Sheet. This is not a process it is a Fact Sheet. Instead members should be pointed to the detailed process for resolving disputes in the Rules of Goolawah Co-operative LTD under an updated Rule 96 Disputes and Mediation.
4. Code of Conduct Implementation Process, it shouldn’t need to be the same point repeated for action under the Code of Conduct. Any breach of a responsibility requires action, not the same point being breached should not be a criterion for action.
5. The community should vote whether a Complaints Management Team is delegated to act in an advisory role to the board of directors in the management of complaints.
Keep in mind Fair Trading advice regarding co-operative director’s duties and responsibilities.
The ‘Co-operative Directors’ Fact Sheet states “While delegating duties is permitted in circumstances, directors are not automatically freed from responsibility for the consequences of the delegated tasks.”
The ‘Resolving co-operative disputes’ Fact Sheet states “The board of directors is responsible for managing the co-operative on behalf of its members. This responsibility includes handling internal disputes between members of the co-operative and between members and the co-operative itself.”
I have added these amendments into a draft Complaints Management document for consideration of the community and will email it to Lexie.