Grievance

1.      Background

Yoga Australia aims to address complaints brought to its attention, as an essential part of maintaining both its own professional integrity and the professional integrity of the yoga-teaching sector.  Yoga Australia aims to address complaints using processes that are based on the values of respect, confidentiality, goodwill and equality.

Yoga Australia is a Company Limited by Guarantee. As a result, our Constitution guides the grievance policy and process.

Who can make an eligible complaint?

Complaints that Yoga Australia is empowered to review may arise between:

1. two or more members of Yoga Australia;
2. a non-member, and a member of Yoga Australia;
3. any person (who is a member or non-member of Yoga Australia), and a person teaching on a teacher training course that is registered with Yoga Australia, or provider of that registered course;
4. a member of Yoga Australia, and a member of the Yoga Australia Board or Yoga Australia staff; or
5. a non-member, and a member of the Yoga Australia Board or Yoga Australia staff.

2.      Grievance Resolution Procedure

2.1. Prior to Lodging a Complaint

Prior to making a formal complaint to Yoga Australia, it is expected that you will make all reasonable attempts to resolve the complaint directly with the other person or persons involved by following the steps set out in clause 2.1.1 below.

You must read the following policies and documents to understand if the behaviour of concern may be a complaint that Yoga Australia is able to investigate:

1. This document (Grievance Resolution Policy and Procedure);
2. The Yoga Australia Code of Professional Conduct found here;
3. The Yoga Australia Statement of Ethics found here; and
4. The Yoga Australia Constitution found here.

Yoga Australia is only able to investigate complaints within the remit of its scope, set out in the above documents. We are not able to mediate or investigate disputes outside of this scope, including disputes that are solely commercial.

2.1.1 Prior to lodging a complaint you must:

1. take all reasonable measures to correspond with the respondent in relation to the grievance, detailing the nature of the grievance. An exception to this requirement may apply in the case of an alleged abuse, harassment or harm occasioning the reporting of the incident(s) to the police or other appropriate authority;
2. allow a reasonable time for the respondent to respond to the grievance;
3. make all reasonable efforts to try to understand the respondent’s response, including seeking clarification or further information as required;
4. make all reasonable efforts to resolve the matter directly with the respondent.

2.1.2 If you are the recipient of a complaint, you must:

1. respond in good faith and in a timely manner to any correspondence from a complainant in relation to a grievance;
2. make all reasonable efforts to try to understand the complainant’s grievance, including seeking clarification or further information as required; and
3. make all reasonable efforts to have the matter resolved directly with the complainant, to the satisfaction of both parties.

2.2 Lodging a Complaint

In the event you have followed the process set out in clause 2.1 above and the complaint is not resolved, you may lodge a formal complaint with Yoga Australia in accordance with the following process.

You must lodge your complaint in writing using the downloadable Grievance Form found here. The form must include the following information:

1. the nature of the complaint including the date(s), time, location, people involved and any other relevant information;
2. the steps taken to resolve the grievance, including whether the complaint has been lodged elsewhere;
3. what you would like the other person or persons to do or not do to address the complaint;
4. what assistance you hope to receive from Yoga Australia;
5. a convenient time and date to discuss the complaint with a Yoga Australia representative; and
6. any other suggestions for ways to resolve the complaint.

You must sign and date the completed form.

2.3 Receiving the Complaint

Yoga Australia will provide written acknowledgement to you that we have received the complaint within 14 days of receipt.

Yoga Australia has the discretion not to deal with complaints lodged more than 12 months after the matter has occurred.

To ensure that the process of considering complaints is fair, Yoga Australia reserves the right not to consider or investigate anonymous complaints. If you do not want your identity disclosed to the respondent, please detail the reasons to support anonymity.

Complaints alleging criminal behaviour may be referred to the appropriate authority such as the police.

Your Grievance Form may be forwarded to the Yoga Australia Grievance Committee for consideration.

Yoga Australia may notify the person or persons who are the subject of the complaint, that a complaint has been received so that all parties can participate in resolving the grievance.

2.4 Addressing the Complaint: The Role of Yoga Australia

Yoga Australia will assess each Grievance Form on a case-by-case basis to determine the most appropriate and useful role that Yoga Australia can have given the context and nature of that complaint. Yoga Australia may seek independent advice on any matter related to the grievance process.

In some cases, Yoga Australia may decide that it cannot have a useful role in resolving your complaint. In this instance, Yoga Australia will advise you and, where possible, recommend other approaches.

We will make reasonable attempts to resolve your complaint within 28 days after receiving all relevant information requested from both you and the respondent.

Where appropriate, Yoga Australia will actively encourage each person involved in the complaint to communicate directly with each other, preferably in person, but if this is not possible, then by phone or by other remote means.

2.5 Unresolved or unsubstantiated complaints

Where the Grievance Committee determines that your complaint does not involve a substantiated breach of the documents set out in clause 2.1 above, we will advise all parties involved at the earliest opportunity of the decision to close the complaint.

3. Follow Up

The Yoga Australia Board wants to ensure that all grievances are resolved. This follow up is considered an important role of the Board and grievance reporting and follow-up will maintain a permanent place on the agenda of the Yoga Australia Board.

In the cases where the complaint is resolved, the file (hard or soft copy) will be noted by the Grievance Committee. The parties involved in the resolution acknowledge by signature that resolution has been achieved and the grievance procedure is now completed.

Approved by Yoga Australia Board July 20, 2022