Grievance Policy For Employees

INTRODUCTION

Employee is an integral and esteemed part of an organization. It is the responsibility of the organization to redress the grievance of the employees on time so that it would not dishearten or discourage the employee. An employee grievance policy states the correct process through which any employee can file a complaint regarding their workplace, coworkers or manager or about a conflict or any other issue regarding the workplace, such as unsatisfactory working conditions, immoral policies etc. Organisation implement a grievance procedure policy to help address employee concerns in a constructive and fair manner.

TYPES OF GRIEVANCES

There can be three types of grievances in an organization-

1. Individual- When an employee files a complaint about management or coworker(s), who through policy violations, have directly impacted the employee mental health and safety or ability to complete his/her job responsibilities.

2. Group- When a collection of employees files a complaint about management’s actions or processes that have impacted their health and safety or ability to work productively.

3. Union- Employees can choose to involve their respective union representatives when filing an individual or group complaint. In these cases, a union will file a complaint about the violation of policies, contract agreements and/or unfair management.

PURPOSE OF GRIEVANCE POLICY

The company aims to foster good relations amongst employees and between employees and management. We acknowledge that the enjoyment you experience in your job is reflected in how well you work and how well you relate to your colleagues and customers. We also acknowledge that problems can arise from the behavior or decisions of management or other employees.

• The purpose of this policy is to allow is to address and solve the grievances internally in a timely and a confidential manner.
• A grievance can be about anything that is done, or not done, by management or another employee or employees, which you feel affects you unfairly or unjustly. A grievance can also be about discrimination, harassment, bullying or any other employment-related decision or behavior that you think is unfair, unjust or upsetting.
• This Grievance Policy outlines the procedures you should follow to try to resolve a grievance and also outlines the steps the company will take to resolve your grievance if you make a formal complaint.
• In so far as this policy imposes any obligations are not contractual and do not give rise to contractual obligations or rights. To the extent that this policy describes benefits and entitlements for employees. These are discretionary in nature and also not intended to be contractual. 

WHAT ARE THE OPTIONS IF YOU HAVE A GRIEVANCE?

In general, there are three options to consider if you have a grievance, being:

a. Deal with the matter informally- A grievance can be dealt with informally by approaching the person involved in your grievance if you feel comfortable in doing so. You can tell them that their behavior, decision, actions etc. was unfair, offensive, discriminatory etc. and why you believe this to be so. The person may have been totally unaware of the effect of their behavior or decision on you. By telling them, you will give them a chance to redress the situation. This may not be appropriate in some cases, particularly if you do not feel comfortable speaking to the person.

b. Speak to your manager or another senior person- If you do not want to speak to the person directly, you can tell your manager about your grievance. They should be able to tell you what your options are. They may approach the person complained about and talk to them informally about your grievance. They may decide to take formal action. Generally, they will seek your approval before doing anything- although sometimes they may decide that taking action will be necessary even if you do not wish them to do so. If your grievance is about your manager, you can wish to speak to another senior person. Alternatively, you may decide to make a formal complaint.

c. Make a formal complaint- If you do decide to make a formal complaint, this can ne done by putting the complaint in writing and reporting it to your manager or any other senior person. The written complaint should contain a description of the incidents, decision, behavior in question, the time and date of the incident(s), the names of any witnesses, your signature and the date of the complaint.

IF YOU MAKE A FORMAL COMPLAINT HOW WILL YOUR GRIEVANCE BE HANDLED?

• Grievances will be handled in accordance with the following guidelines:
• Any grievance will be taken seriously, handled impartially and any steps taken will be accordance with the principles of procedural fairness;
• Employees who raise grievances are protected from victimization;
• Grievances will be dealt with promptly, taking into account all the circumstances and generally, you may have a support person with you at any stage of the process.

INVESTIGATION

Where a grievance cannot be resolved informally, and the company deems an investigation is required, the matter will be investigated by the HR Team of the Company.

How the investigation is to be conducted is at the complete discretion of the company.

• During the investigation, the complainant will generally be interviewed first, following which any witnesses, the person against whom the complaint is made, and any other relevant people will be independently interviewed. Both the complainant and the person against whom the complaint is made will generally be allowed to have a support person present when the interview is being conducted.
• If the complaint is substantiated, appropriate action will be taken; If the complaint is unsubstantiated, you will generally be given an explanation as to why that finding was made;
• If the complaint is found to have been fabricated or vexatious, appropriate disciplinary action may be taken against you up to and including termination of employment.

WHAT ARE THE POSSIBLE OUTCOMES?

If the investigation reveals that your complaint is valid, a number of actions may be taken, depending on the nature of the complaint. The person against whom the complaint is made may be asked to give you-

• a written apology
• he/she may be given a written warning, counselling, transfer, demotion or may be subjected to disciplinary action up to
• including termination of employment.

If the complaint is found to have been completely fabricated or raised vexatiously, appropriate action may be taken against you-

• counselling
• an official formal warning
• transfer
• demotion
• any disciplinary action
• termination of employment depending on the seriousness of the circumstances 

WHAT IF YOU ARE NOT SATISFIED WITH THE OUTCOME

If you are not satisfied with the way in which your grievance was handled and not solved appropriately, you may have the option of raising your complaint with an outside agency. You may also be able to take further action in court. In appropriate circumstances, you may wish to seek advice from a union or lawyer. 

CONFIDENTIALITY

• All grievances and their related investigations must be treated with utmost confidentiality (except where the company deems it is necessary to disclose the complaint about the purpose of dealing with it effectively; disclosure will be no wider than is strictly necessary). The copies are only circulated to the concerned individuals who are directly involved in the grievance investigation and its outcome. It is important that you also maintain confidentiality and do not discuss your complaint with others unless the company gives you permission to do so.