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Constructive Grievance Handling

To solve problems as they develop, small businesses need effective grievance handling procedures tailored to the needs of their own workplace.

What is a "grievance"?

A grievance is a formal expression of dissatisfaction about a work situation usually by an individual employee, but it may sometimes be initiated by a group of employees or a union acting on their behalf.

What is a "grievance procedure"?

Grievance procedures are formal and agreed procedures that an employer and his or her employees or representatives have agreed to follow to deal with or resolve workplace problems. Grievance procedures may be set out as a provision in an award or agreement, but there may also be an internally developed procedure.

Grievance procedures are based on the principle of natural justice and it is recognised as good business sense to have effective grievance procedures.

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What are the features of a good grievance procedure?

• Complaints must be fully described by the person with the grievance
• The person(s) should be given the full details of the allegation(s) against them
• The person(s) against whom the grievance/complaint is made should have the opportunity and be given a reasonable time to put their side of the story before resolution is attempted
• Proceedings should be conducted honestly, fairly and without bias
• Proceedings should not be unduly delayed.

^{Source: Curtin University of Technology (www.curtin.edu.au)}

What is an effective grievance procedure?

An effective grievance procedure should allow the following outcomes:

• A peaceful method of conflict resolution to reduce industrial action and provide greater stability
• Quick and effective results
• Improved communications and working relationships
• Employee participation and consultation in the workplace
• Increased productivity and efficiency of the organisation
• Resolution of problems with workplace change programs
• Better emotional well-being, performance and morale of employees
• Avoidance of the costs and delays of going to the tribunal
• Natural justice for employees.

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Draft grievance procedure

The procedure can cover both individual and collective grievances.

The aim is to resolve problems that arise as close to the source as possible with graduated steps for further discussions and resolution at higher levels of authority as necessary.

Stages in such a procedure could be:

1. Employee notifies the employer (in writing or otherwise) as to the substance of the grievance, requests a meeting with the management and states the remedy sought.
   Discussion held between employee (and representative) and first line manager.
   

   If the matter is not resolved

2. Employee (and representative) confers with senior manager.
   

   If the matter is not resolved

3. Joint meeting with employer or more senior management representative

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How should I handle a grievance?

1. Deal with the grievance promptly
   Avoiding the matter creates anxiety. Initiate discussion quickly, investigate and double check all the facts.
   
2. Be accessible
   Make sure staff understand the grievance procedure and how it works.
   
3. Informality
   Discuss the issue in a non-threatening environment. No-one should receive a printed form letter in response to a problem.
   Remember, when such a letter is perceived as "legal", your employee may feel they need "legal" assistance.
   
4. Be consistent
   Policies and procedures must apply equally to all staff.
   
5. Admit errors
   If you have acted incorrectly or inappropriately – say so! Then fix the problem.
   
6. Closure
   Decide your response/action and give a full explanation. This allows the matter to be finalised.
   
7. Learn from it
   Resolving the grievance should give you practical insight into dealing with such situation (and possibly others) in the future. 

^{Source: The Termination Handbook}