Workplace grievance can always have a negative impact on every aspect of an employees life. If you are interested in knowing what steps you can take to mitigate these risks, this Legal Kitz blog will explore the definition of grievance procedure and how to go about it.
What is the grievance procedure?
This can be understood as a method set in place within organisations to manage internal conflicts between employees and employers. This ensures that workers feel comfortable in the workplace and have the available resources to raise disputes if they believe they were treated unfairly.
What is the difference between a grievance and a complaint?
While similar in nature, the main difference between the two is that a complaint is informal and is typically resolved between the employer and the employee. On the other hand, a grievance is a legal formal issue that follows strict guidelines which may require the need for intervention, contracts and compensation. A similarity between the two however, is that they both require an investigation and resolution.
Why do grievances occur in the workforce?
These are the most common reasons for workplace grievances:
- Harassment and/or bullying.
- Unregulated working conditions that may be considered unsafe or hazardous for the employee.
- Lack of proper equipment or facilities.
- Unsatisfactory wages that do not meet their working contributions.
- The employee finds that there is little to no career development.
How to conduct a grievance procedure?
In order to ensure that an appropriate and satisfactory result has been achieved, it is imperative that the precise steps are followed. This requires careful legal consideration which Legal Kitz is able to provide at an affordable rate.
- Draft an email or formal letter
The first step is to write a formal email or letter addressed to your employer clearly establishing the grounds for your grievance. Verbal grievances are considered informal as there are higher chances for miscommunication. Therefore, it is advised that you collect physical copies of your evidence to achieve the most accurate result.
- Arrange a meeting
Following your email, your employer or manager should arrange a meeting to further discuss the details and guide you on the next steps of the grievance procedure. The employer must then talk to the alleged offender to gain a comprehensive insight into the situation to make a better judgement. Finally, you will have the opportunity to meet with offender in a mediated setting.
- Evidence
Once you have spoken to the relevant parties involved, the person foreseeing the grievance procedure will gather relevant information including emails, CCTV footage or talking to colleagues to assess whether the incident was isolated or not. This is important because it gives the organisation the ability to reconsider changing policies and structures at an organisational level.
- Decision making
Based on the evidence gathered, a decision will be made that may or not be in your favour. The purpose of the decision is conflict resolution and therefore, should result in no future incident. If you’re unhappy with the decision, you have the ability to file for an appeal. If you are unsure of how to apply for an appeal on legal grounds, Legal Kitz can provide you with further assistance. Legal Kitz is committed to ensuring that our clients receive the most relevant information by regularly keeping up to date with fair work policies.
- Making an appeal
In order to appeal a decision, you need to follow a similar procedure of either writing a formal letter or email detailing the reasoning behind your appeal and how you believe the issue can be resolved. The employer may choose to go back and review the evidence and offer an alternative decision, or set up another meeting.
Legal advice
Unfair treatment at work may make you feel isolated and helpless. However, Legal Kitz is here to guide you through every step so that you never have to do this alone. Check out our sister company, Business Kitz’ subscription service today to access our full range of legal, commercial and employment documents to begin your business with a solid foundation that ensures compliance. If you are unsure about how to best protect yourself and your future business, our sister company, Legal Kitz can assist you. To arrange a FREE consultation with one of their highly experienced solicitors, click here today, or contact us at [email protected] or 1300 988 954.