For various reasons, grievances can arise between the company and its employees and between work colleagues. When such grievances arise, it is in everyone’s best interest to have them resolved without delay. For that reason, an employer must have a robust policy in place for a grievance procedure. This will ensure that all employees are aware of what to do if they are unhappy about any aspect of their employment.
The Code of Practice on Grievance Procedure, as provided for by S.I. No. 146/2000 – Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures), sets out the best practice guidelines for procedures in Ireland. Employers are required to communicate their grievance procedure in writing to all employees. It is beneficial for all involved to follow the Code of Practice on Grievance and Disciplinary Processes.
It should outline the stages of the grievance procedure and aim to resolve matters without requiring third-party mechanisms to facilitate its investigation and resolution.
What is Grievance Procedure?
A grievance procedure aims to encourage consistency, transparency, and fairness in the handling and management of workplace issues or complaints. It provides employees with a course of action if they have a complaint relating to their employment.
The grievance procedure provides points of contact and timeframes to resolve issues of concern and demonstrates an employer acting fairly. A robust procedure prevents a buildup of issues and promotes job satisfaction and good working relationships.
The procedure should be applied fairly and consistently to all staff. An employer should contact their employment law consultant when they require assistance in developing a grievance procedure for their business.
Types of Grievances
Workplace grievances and complaints can occur in a variety of situations. Such examples include:
- Interpretation of conditions of employment.
- Pay and benefits.
- Changing work practices.
- Alleged discrimination, bullying, and harassment.
- Health and safety issues.
- Promotion and grading.
- Issues with fellow employees.
Grievance Procedure Stages
A grievance procedure should include the informal stage, mediation stage and formal stage.
Informal
Early intervention is vital. Grievances are best dealt with at an early stage, informally, with the employee’s immediate line manager/supervisor.
The employee can approach the alleged perpetrator and inform him/her that he finds his/her behaviour to be unacceptable. This may resolve the issue and the grievance may be resolved then.
Alternatively, the employee can approach a supervisor/manager and ask for their assistance with the matter. This could involve the supervisor/manager approaching the alleged perpetrator on behalf of the employee.
If the grievance has not been resolved satisfactorily through informal discussions, the employee may raise a formal complaint under the grievance procedure.
Mediation
Workplace mediation is an alternative method of resolving grievances. This is an alternative method of resolution where both parties agree to the process of mediation. Workplace mediation is an informal process, through which a mediator helps the parties in a dispute to talk about the issues between them, and if they wish, to reach an agreement which is acceptable to both sides.
The process is voluntary and both parties must be willing to take part and agree to the appointment of a mediator. If the parties agree to this approach, the employer must appoint a neutral and impartial mediator, with the agreement of the parties, to facilitate the process. If an employer would like to invoke mediation as part of their grievance process, it must be included in the grievance procedure stages within their grievance policy.
Formal
The formal procedure for the settlement of grievances will not normally be invoked unless the matter has been first referred for settlement under the Informal Procedure or if the parties elect for the formal procedure. Some points to know about the formal stage:
- When an employee decides to invoke the formal route the complaint must be made in writing. The company cannot proceed with the formal route if it is not in writing. The complaint should include precise details of the grievance such as dates, times, and witnesses including the parties to the grievance.
- The company will appoint an Investigation Manager and terms of reference for the investigation should be prepared. The Investigation Manager will meet with the complainant, the subject of the complaint and any witnesses to establish the facts of the grievance.
- It is vital that the complainant and the subject of the complaint are afforded the right of representation and that the investigation process follows the rules of natural justice.
- Once the facts have been established, the Investigation Manager will draft a preliminary investigation report. The complainant and the subject of the complainant will have an opportunity to review and make any additional comments on the preliminary findings.
- The Investigation Manager will complete the final investigation report and forward it to both parties and the Outcome Manager.
- The Outcome Manager should be a separate individual and should not have been involved in the process to date. The Outcome Manager will meet with both parties to discuss the investigation report.
- After the meeting, the Outcome Manager will finalise their decision and issue the outcome of the investigation to both parties. This may include that the grievance is not upheld, that there is not sufficient evidence to confirm or deny the allegations, that the grievance is founded and disciplinary is warranted or that the grievance is vexatious.
- All parties will have the right to appeal the decision of the Outcome Manager. The complainant/subject of a complaint should put their appeal in writing and outline their grounds for appeal. The employer should receive this 5/7 days after the Outcome Manager’s decision.
- The Appeal Manager should be a separate individual and should not have been involved in the process to date.
Example 1 (Informal Procedure)
The complainant approaches the alleged perpetrator and informs him/her that he/she finds his/her behaviour to be unacceptable.
This may resolve the issue and the grievance is finished at that point in time.
If the issues arise again with the employee, then they are welcome to use this approach again or alternatively, a different route to try to resolve the issues.
The complainant can approach the supervisor/manager and ask for their assistance with the matter.
This will entail the supervisor/manager telling the alleged perpetrator that the complainant has raised an informal grievance and the nature of the complaint.
The supervisor/manager facilitates a meeting between the two parties confidentially.
The supervisor/manager asks the complainant to explain the issues.
The supervisor/manager asks the alleged perpetrator to respond.
At the end of the meeting, both parties come to an agreement that this issue will be resolved and will not occur again.
Both the complainant and the alleged perpetrator are told that the option of mediation should be considered as the next appropriate course of action.
The supervisor/manager ensures to ask the complainant at the end of the meeting if his/her grievance has been resolved during this meeting.
If the matter is not been resolved satisfactorily through informal discussion, the employee may raise a formal complaint under the grievance procedure.
Example 2 (Formal Procedure)
The complaint is received in writing with precise details of the grievance (including dates, times, and any witnesses) from the complainant.
The company appoints an investigation manager to carry out the investigation regarding the complaint.
The terms of reference for the investigation process are drafted.
The investigation manager meets with the complainant, the alleged perpetrator and any witnesses to establish the facts.
Once the facts have been established the investigation manager drafts a preliminary grievance investigation report.
Both the complainant and the alleged perpetrator receive a copy of the preliminary grievance investigation report and are given a final opportunity to review and make any additional comments on the preliminary findings as they deem fit.
Once the investigation manager has received feedback from both parties, the investigator issues the final grievance investigation report to both parties and to the grievance outcome manager.
The grievance outcome manager meets with both parties and finalises their decision (outcome) after the meeting.
The outcome may be one of the following:
- The grievance is not upheld.
- There is not sufficient evidence to confirm or deny the allegations.
- The grievance is founded and disciplinary is warranted.
- The grievance is vexatious.
All parties have the right to appeal this decision within 5/7 working days to the Appeal Manager.
Are Grievance Procedures important?
Grievance procedures are important to promote uniformity, openness, and fairness in dealing with workplace grievances or complaints. If an employee has a grievance about their employment, it gives them a path of action.
The grievance process identifies contacts and timelines for resolving problems, and it demonstrates an employer acting fairly. A strong grievance process fosters job satisfaction and positive working relationships while preventing the accumulation of problems.
All employees should be treated equally and consistently under the grievance procedure in line with the Code of Practice on Disciplinary and Grievance Procedures (SI No. 146 of 2000).
Conclusion
Grievances can develop amongst co-workers at work as well as between the company and its employees for a variety of reasons. It is in everyone’s best interest to quickly handle these complaints when they emerge. An employer must therefore have a strong policy in place for the grievance and resolution procedure. All employees should be informed of what to do if they are dissatisfied with any part of their employment.
Get Familiar With The Grievance Procedure
We at The HR Suite provide HR training courses relating to the employment relationship. We provide grievance investigation training which is designed to provide employers/managers with an increased understanding of the responsibilities relating to dealing with workplace grievances.
Employers/Managers will be provided with an in-depth knowledge of the employment legislation relating to a robust grievance procedure. Employers/managers will also become familiar with how to investigate grievance/complaint situations and have an increased knowledge of how to respond appropriately. If you require further information relating to our training options relating to grievance procedures stages, please contact your HR consultant.
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