Who can lodge a workplace grievance?

Grievances may be filed by an employee against another employee or an employee against their employer. Employers need to be alert about what occurs in their workplace, as grievances can take many forms and at times, the matters at hand are not too pronounced.

What qualifies as a grievance?

A grievance is generally defined as a claim by an employee that he or she is adversely affected by the misinterpretation or misapplication of a written company policy or collectively bargained agreement. To address grievances, employers typically implement a grievance procedure.

Who can make a grievance?

A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer. The employee can raise a grievance if: they feel raising it informally has not worked. they do not want it dealt with informally.

Can an employer refuse to hear a grievance?

If there is evidence that a grievance is being brought by an employee in bad faith against the employer or one of its staff members, then an employer could refuse to hear the grievance.

What are the three types of grievances?

Three Types of Grievances
  • Individual grievance. One person grieves that a management action has violated their rights under the collective agreement. …
  • Group grievance. A group grievance complains that management action has hurt a group of individuals in the same way. …
  • Policy or Union grievance.

What are my rights if a grievance is raised against me?

You have the right to raise a grievance too

Once the investigation is concluded you should ask to be told the outcome of your colleague’s grievance, insofar as it relates to you. If the grievance is not upheld remember that this may not be the end as your colleague will have the right to appeal.

Can you get compensation from a grievance?

You are unlikely to get money compensation as a result of using a grievance procedure. For this you will usually need to take a claim to an employment tribunal. But not all grievances can move on and form the basis for an employment tribunal claim.

Can I be dismissed for raising a grievance?

Can you be punished for raising a grievance? You are protected from being treated unfavourably for raising a grievance that complains of discrimination. For example, if you were unfairly disciplined or even dismissed. This is known as victimisation.

What is a grievance settlement?

When you raise a grievance at work, that means you will be making a complaint to your employer by way of a formal letter or email, detailing what your complaint is about. On receipt of a formal grievance letter, your employer is obliged to set up an investigation into your complaint.

How long should a grievance outcome take?

How long should a grievance procedure take? Ideally, your employer should set up a meeting within 5 working days of receiving your grievance, but this could take much longer. If you have been waiting for over four weeks and feel that your grievance is being ignored, you may have a case of constructive dismissal.

What happens if a grievance Cannot be resolved?

If your grievance cannot be resolved under the grievance procedures, alternative forms of dispute resolution (ADR), such as mediation, might be available to help the parties resolve their disputes. Speak to your employer to find out if such methods are used within your organisation.

How long do grievance investigations take?

For example, a simple case might only take a day to gather enough information, whereas a more complicated case could take several weeks. Your workplace might have timescales for investigations written in their policy.

What are the four steps of the grievance process?

5 employee grievance process steps
  1. Informal meeting with supervisor. Before filing a grievance, encourage employees to talk with their manager first. …
  2. Formal grievance in writing. Consider creating a grievance form for employees to fill out. …
  3. Evaluate the grievance. …
  4. Conduct a formal investigation. …
  5. Resolution.

Should a grievance be confidential?

The general rule of thumb is that when handling grievances, it is best to keep the matter as confidential as possible, limiting both the number of people who are aware of the grievance and the information that each of those have access to.

What questions are asked at a grievance hearing?

Summarise
  • Ask the employee how they would like their grievance(s) resolved.
  • Summarise what has been said in the hearing, what resolutions are requested and when a decision will be made and how this will be communicated.

What are the disadvantages of a grievance process?

Disadvantages of Grievance Procedures
  • Hassle. Sometimes, the procedure may seem “a bit too much hassle”. …
  • When will it be resolved? As it is a detailed procedure, it can tend to become quite lengthy. …
  • Too much paperwork and retardation of workflow. …
  • Protection against retaliation.

What are some examples of grievances?

An individual grievance is a complaint that an action by management has violated the rights of an individual as set out in the collective agreement or law, or by some unfair practice. Examples of this type of grievance include: discipline, demotion, classification disputes, denial of benefits, etc.

Does a grievance have to be in writing?

An employee doesn’t have to put a grievance to you in writing; they can make one verbally if they wish. But if you’re unclear what the exact problem is from their verbal explanation, ask them to put their concern in writing. That way, there will be no doubt about the issue(s) and you can investigate the matter further.