Jonah Patel
Employees who are dissatisfied with their work environment have the right to file a workplace grievance. A grievance is a formal complaint filed by an employee for violations of contract terms, workplace conditions, or policies. Grievances can be filed individually or collectively, and they can be resolved through mediation, arbitration, or negotiation. Grievance procedures give employees a way to raise concerns and get a fair resolution, helping to prevent small issues from escalating. Employees should first attempt to resolve issues informally with their supervisor or manager before submitting a written grievance to HR or management. This document should include key details such as the nature of the complaint, relevant dates, and any supporting evidence.
| Characteristics | Values |
|---|---|
| Type of grievance | Individual, collective, or policy-related |
| Reasons for filing | Contract terms, workplace conditions, or policies violated; noncompliance with work policies or regulations; unsafe working conditions; unfair treatment; discrimination; harassment; etc. |
| Who to file with | Immediate supervisor; another supervisor if the issue pertains to the employee's immediate supervisor; union representative; employee relations specialist in the human resources department |
| Process | Informal discussion with supervisor/manager; if no resolution, file a written grievance with HR or management; investigation; mediation or arbitration; disciplinary action; appeal |
| Outcome | Corrective action; no action |
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What You'll Learn
Understanding the grievance procedure
A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer. It is a structured process that allows employees to address concerns and obtain a fair resolution. It is important to note that grievances are typically filed when an employee or group of employees is negatively affected by violations of workplace policies or contract terms. These can include issues such as discrimination, harassment, or unfair treatment.
The first step in the grievance procedure is for the employee to discuss their concern with their supervisor or manager. Many workplace issues can be resolved through direct communication. If the employee and supervisor are unable to resolve the issue informally, the employee can initiate a formal grievance process by submitting a written complaint to human resources (HR) or management. This written grievance should include key details such as the nature of the complaint, relevant dates, and any supporting evidence.
Once a formal grievance is received, the employer should follow a formal procedure. This typically involves HR or a designated representative investigating the complaint and working towards a resolution. The grievance procedure may vary depending on the organisation, but it should be fair and consistent. It is important for employers to handle grievances promptly and effectively to prevent small issues from escalating.
If the grievance is valid, corrective action should be taken, such as issuing a warning, changing policies, or providing additional training. If the grievance lacks sufficient evidence, the employer should explain the reasons for not taking action. Throughout the process, it is crucial to maintain clear and open communication with the employee and keep them informed about the outcome and any actions taken.
In unionised workplaces, union representatives play a significant role in the grievance procedure. They assist employees in filing grievances, track the progress of complaints, and may participate in meetings with management to resolve the issues. Arbitration, which involves a neutral third-party arbitrator interpreting the contract, may also be utilised to reach a resolution. Grievance procedures are essential for maintaining a safe, happy, and collaborative workplace environment.
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Informal discussions
When an employee has a concern or issue, the first recommended course of action is to discuss it directly with their supervisor or manager. These discussions are considered informal as they do not follow a rigid structure and do not require the involvement of human resources (HR) or union representatives at this stage. By encouraging open communication, many workplace conflicts can be resolved through direct dialogue without escalating the matter.
For example, if an employee feels their supervisor has assigned an unfair workload, they can meet with their supervisor to discuss their concerns and request adjustments. If the supervisor is receptive and modifies the assignments accordingly, the issue can be resolved without the need for further action. This approach helps to maintain a harmonious relationship between the employee and supervisor, as well as preventing the issue from escalating and causing further disruption in the workplace.
While informal discussions are a recommended first step, they are not always mandatory. In some cases, employees may choose to proceed directly to a formal grievance, especially if the issue is severe or involves a violation of workplace policies or contract terms. However, it is generally advisable to attempt to resolve issues through open communication first, as it can lead to quicker and less disruptive resolutions.
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Formal complaints
- Unfair disciplinary action
- Negative changes in overtime policies
- Late or inaccurate payment of benefits or wages
- Unfair demotion
- Harassment or bullying
- Unsafe working conditions
- Discrimination
- Interpersonal conflicts
- Violations of workplace policies or contract terms
Grievances are usually filed when an employee or group of employees is negatively affected by violations of workplace policies or contract terms. In unionised workplaces, grievances are typically filed when the terms of the collective bargaining agreement aren't being met, such as when union dues are not properly deducted. In non-unionised workplaces, employee grievances are often filed when a written company policy has been misinterpreted or misapplied.
A formal grievance procedure allows employees to challenge management decisions, voice their opinions and concerns, and resolve conflicts quickly, fairly, and effectively. It also helps to foster trust and encourages employees to raise concerns without fear of retaliation. Having a clear grievance procedure in place is essential for managing and resolving disputes effectively and maintaining a positive work environment.
When an employee files a formal grievance, the employer should acknowledge receipt and determine who will chair a grievance hearing. The employer should then conduct a full investigation, gathering all relevant information and interviewing other employees if necessary. Once the investigation is complete, the employee must be informed of the outcome without unreasonable delay, and the action that has been decided upon to resolve the issue. The employee must be informed in writing, and this letter should demonstrate how the final decision was reached and give the employee the right to appeal.
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Arbitration
A grievance is a formal complaint filed by an employee or a group of employees for violations of contract terms, workplace conditions, or policies. Employees may also file a grievance if they believe a provision of their labour agreement has been violated or misapplied, if a disciplinary action is improper, or if a position is not correctly classified. Grievances can be resolved through mediation, arbitration, or negotiation.
In a unionized workplace, the union and the employer may first try to resolve the grievance without the help of a third party. If they are unable to do so, they may then retain a mediator or arbitrator, or contact the Ministry of Labour, Immigration, Training and Skills Development for assistance. The Ministry can help by appointing a grievance arbitrator. The appointed arbitrator will begin to hear the grievance within 21 days after receipt of the request by the minister. During arbitration, the arbitrator will hear submissions and evidence from both the union and the employer on the matters in dispute.
Most arbitration agreements provide for multiple grievance processing steps corresponding to the chain of command or levels of review. Three-step procedures are common, but more complex procedures are sometimes used by parties with multiple plants and bargaining units. Most contracts require the employer to prepare written responses after each of the processing steps within a specified number of days. The first step is usually an informal discussion between the employee and their immediate supervisor, accompanied by a steward. If the grievance cannot be resolved at this step, the employee must file a written grievance within a specified number of days of the incident. The next step is typically a meeting to discuss the grievance at a higher level of management authority, such as between the union's business agent or grievance committee members and designated management representatives. The last step before referral to arbitration typically involves discussions between full-time union officers and/or representatives of the international union and top company management.
If the parties fail to make an appointment of an arbitrator or a member of a board of arbitration under their collective agreement's grievance arbitration procedure, they may request an appointment of a single arbitrator in an expedited arbitration process. Arbitrators must file copies of their decisions, commonly known as awards, with the Minister of Labour, Immigration, Training and Skills Development, who may publish the awards on a government website or make them available to the public.
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Appeals
Employees have the right to file a grievance if they believe they are being treated unfairly, are dissatisfied with their work environment, or are negatively impacted by violations of workplace policies or contract terms. A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer.
If an employee is unhappy with the outcome of a grievance procedure, they may choose to appeal the decision. The right to appeal should be included in the grievance process policy. The employee may request a follow-up meeting with HR to discuss their dissatisfaction with the outcome. For example, an employee who filed a grievance about unsafe working conditions might still feel unsafe even after faulty equipment has been repaired.
In some cases, an employee may need to escalate the situation to a higher level of management authority if the grievance cannot be resolved at the initial level. This typically involves discussions between union representatives and management representatives, and may eventually include top company management. If the grievance still cannot be resolved, it may be referred to arbitration, where an arbitrator (a neutral third party selected jointly by the two parties) acts as a judge and makes a final and binding decision.
It is important to note that the grievance procedure should be fair and consistent for all employees, and companies should aim to prevent grievances by upholding their policies and maintaining positive relationships with employees.
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