HR’s Guide to Employees Grievance Procedure
Employees can register grievances through formal procedures if they experience unfair treatment at work. This article covers the benefits, drawbacks, and steps involved in grievance redressal procedures.
Employees can register grievances through formal procedures if they experience unfair treatment at work. This article covers the benefits, drawbacks, and steps involved in grievance redressal procedures.
By Brad Nakase, Attorney
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Employees may register a formal grievance through their employer’s formal grievance redressal procedure if they experience unfair treatment at work. We will go over how businesses employ grievance redressal procedures in this article.
A worker has the right to register a grievance with their employer if they believe they have been mistreated for any reason, including sexual harassment, an unjust pay check, or an impossible task. The investigator is required to adhere to certain rules in this formal complaint procedure.
Different businesses follow different policies and guidelines. Grievance procedures are often specified in contracts and must be adhered to.
Companies should ideally look into every complaint. But frequently, staff members don’t care enough to initiate a formal process, or informal concerns are ignored by Human Resources, a supervisor, or a grievance committee.
But a grievance records that there is an issue. If the employee’s concerns are not addressed by the corporation, they can typically use the documents to file a lawsuit.
Like anything else, there are benefits and drawbacks to having a grievance mechanism in place for the staff members and the company they work for. Let’s begin with the advantages.
Advantages
Cons
Although grievance redressal procedures vary across employers, this is a broad guide regarding what to expect.
Step 1
A formal written complaint is made by the employee. The worker may write something on an email or by hand, or the employer may supply a form (online or on paper). Whatever the case, grievances are formal, usually written complaints. An employee may also file a verbal complaint; however, the HR representative or supervisor will then record the employee’s comments in writing and produce an official document.
Throughout the process, this document will serve as guidance. Although an interview is probably in store for the employee in the future, they should nevertheless provide as much detail as possible, such as names and dates (though approximate dates are OK).
Step 2
After the worker submits the complaint, a formal inquiry is launched. The manner in which this happens can differ greatly according on the kind of complaint. A call to payroll and a review of the timesheets can frequently settle an employee’s complaint about an erroneous payout in a matter of minutes. In the event that the employee reports that a senior manager has been engaging in sexual harassment, a thorough investigation may involve conducting numerous interviews, watching surveillance footage, reviewing communications, and other related tasks.
While certain investigations may call for the assistance of an outside expert, others can be completed by the HR representative or the supervisor assigned to the case.
Step 3
A conclusion is written by the investigator. This might be a clear-cut case; in the case of unpaid overtime, for example, locating unprocessed time cards proves beyond a reasonable doubt that the employee is correct. The outcome in a lawsuit involving harassment or discrimination may be ambiguous. You might discover that during a dispute with the complainant, the employee’s coworkers used racial epithets. However, it is possible that the complainant also used racist slurs during the exchange. The complainant might not have anticipated what would happen.
Step 4
You can hire a mediator. This is frequently the case when a union or other contract specifies the grievance procedure. To reach a resolution, the mediator collaborates with the company and the employee. Before meeting with the mediator, the company might not have a formal resolution in some situations. In this instance, the mediator hears arguments from both parties and assists them in reaching a resolution.
In official grievance procedures, the union frequently represents the employee when there is a union contract. The employee would submit their position during mediation with the assistance of the union representative and potentially a lawyer.
Step 5
There are repercussions. The company and worker take action of some kind, whether it’s a formal arrangement reached in the course of mediation, or a suggestion made by the investigator that the company accepts. This might result in a straightforward action or the loss of a job.
Step 6
The employee may file a grievance with the courts if he is not satisfied and if there is no clause in the contract that forbids a legal action (some contracts provide that mediation is the last resort).
This greatly depends on the particular circumstances. Resolving a complaint that is complex or has a lengthy history may take several months. It is possible to settle a grievance filed over a single incident in a few hours.
You should anticipate that the complaints process will take months if you are reporting instances of bullying, sexual harassment, or racial discrimination. It will take a long time and involve many personnel to complete the probe.
If timing is an issue for you, the investigator can provide you with an approximate timeline.
All businesses should have a mechanism for employees to file complaints, particularly when those complaints are about illegal activity, even if yours doesn’t have a formal grievance procedure. If your company doesn’t already have one, now is the perfect time to start drafting a basic policy.
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