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Are You Grieving Over Workplace Grievances?

Published July 11, 2019 (last updated June 16, 2020) Author: Employsure
Woman Distressed Due To Grievance Management Meeting

Introduction

Workplace grievances will arise at some point and it is how they are managed that makes all the difference. Regardless of the scenario, employers bear the responsibility of responding promptly, appropriately, and fairly. Failure to do so may hold significant consequences on productivity, culture – and in some instances – reputation.

What is a workplace grievance?

A workplace grievance is a formal complaint raised towards an employer by an employee due to a violation of legalities (e.g. policies, employment contract, national standards). This includes anything from harassment, bullying and discrimination, to issues concerning the management of employees – such as micro-management. 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. It is essential to be able to recognise a grievance and treat them with fairness and offered transparency.

What are some examples of workplace grievances?

Some examples of workplace grievances include issues relating to:

  • Bullying and harassment
  • Discrimination
  • Workplace health and safety
  • Work environment
  • Relationships in the workplace
  • Organisational changes
  • Terms and conditions of employment

Do I need a grievance policy?

Yes, it is highly advisable that employers maintain a current workplace grievance policy. This means a policy that:

  • outlines what constitutes a workplace grievance for the purposes of communicating a clear definition to employees
  • identifies a step-by-step procedure for seeking a resolution to the workplace grievance
  • and sets out a process after arriving at a resolution

By accomplishing the above, employers are ensuring a fair and formal process for employees to raise concerns relating to their work, working conditions, and relationships with colleagues.

Employer’s responsibility

Workplace grievances require caution and good faith – right from the investigation through to the resolution process. Employers have a responsibility to their employees which involves responding in a:

  • timely
  • appropriate
  • and fair manner

Failure to do so may create larger problems in the workplace on multiple fronts – from low staff morale to legal action. It is crucial that employers know their rights and responsibilities, as well as best practice with procedural response.

If you are unsure about anything – such as policy creation, the investigation process, and documentation – Employsure can help. Call our specialist team on 1300 207 182 to discuss the necessary safeguards for your workplace.

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Frequently Asked Questions

  • What is a formal grievance procedure?

    A formal grievance procedure involves a thorough investigation to determine whether it can be substantiated. Investigations need to be prompt and thorough as any delay may hinder the investigation or even suggest the complaint is not being taken seriously.

    Some appropriate steps to take are identified below.

    1. Interview the employee

      At the commencement of the formal process, an employer should interview the employee who has expressed concern and make every effort to obtain as much detail as possible. During the interview, the process going forward should be confirmed, and the employee informed that the grievance will be formally investigated.

    2. Interview the alleged offender

      All employers must ensure this process is conducted in a procedurally fair manner. It should involve sharing the allegation with the proposed offender. This person must be given the opportunity to respond – this could either be denying the allegations or explaining other circumstances. If the allegations are denied, they should be informed about the investigation process that follows.

    3. Obtain additional evidence

      The employer should try to obtain any other relevant facts concerning the complaint. This may involve interviewing witnesses and examining evidence such as e-mail chains and memos.

    4. Maintain confidentiality of the process

      It is crucial that throughout the process, all parties are instructed to treat the process as confidential and advised not to discuss it with other colleagues.

    [Note: This should be viewed as general advice, procedures will vary case to case and in certain scenarios – some steps may be more appropriate than others.] 

  • What are the main causes of grievances?

    Supervision

    • Recognition
    • Neglect
    • Bias
    • Favouritism
    • Nepotism

     

    Work environment

    • Poor conditions
    • Poor standards
    • Poor quality equipment, materials
    • Unreasonable workloads, objectives

     

    Work Group

    • Factions/cliques
    • Isolation
    • Victimisation
    • Ridicule, humiliation

     

    Economic

    • Wages (fixation, revision)
    • Overtime
    • Bonus
    • Allowances
    • Incentives
    • Welfare
  • What is the difference between a complaint and a grievance?

    A complaint can be more informal – it refers to any accusation, allegation, or charge (oral or written). A workplace grievance refers to a formal complaint raised by an employee to an employer.

    With grievances, there is usually a breach of legalities, such as the ones stated within the terms and conditions of an employment contract – as well as the legalities involved with correct compensation, discrimination, bullying and harassment, and more.

  • What do you do when a grievance is filed against you?

    1. Notification

      You will be informed of the grievance raised and should either receive the details through a copy of the grievance letter or an alternate means. In cases where there are multiple components to a grievance, you may only be provided with the details which specifically notes your alleged conduct. If neither is provided, you may request a copy.

    2. Evidence collection

      Collect all the evidence you have relevant to the situation. This means memos, e-mail chains, text messages, appraisal forms, etc. Building a chronological timeline of the events may be helpful in proving your case.

    3. Preparing a defence

      Prepare a defence against the allegations and submit it to the relevant parties prior to the initial investigation meeting.

    4. Informal resolution

      Attempt to seek a resolution via informal means such as mediation. This should be the first course of action to avoid an unnecessarily prolonged process.

    5. Formal investigation

      If the informal resolution fails, formal means will be actioned. You will attend an investigation meeting and will not have the legal right to be accompanied by counsel with a few exceptions such as provisions contained within an enterprise agreement. Accompaniment by any other individual for moral support, however, is permitted (including lawyers who attend in a non-professional capacity).

    [Note: This should be viewed as general advice, procedures will vary case to case and in certain scenarios – some steps may be more appropriate than others.]

  • How do you respond to an employee grievance?

    You will be given the opportunity to respond to the grievance filed against you. This is where a solid chronology will come in handy, as to clear the air and discern some tangible meaning behind perceived actions. State your side of the story, submit your defence, and establish a case. An outcome will be decided in time. You will be notified when a decision regarding the grievance is made.

About Employsure.

Employsure is Australia’s largest workplace relations specialists.

We take the complexity out of workplace laws to help small business employers protect their business and their people.

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