Grievance Processes

The following article discusses grievances and how to approach them. Sections include:

• What is a Grievance?
• Responsibility for Grievances
• Resolving Grievances
• Preventing Staff Conflict

Staff: Further Human Resources Information

What is a Grievance?

A grievance is a clear statement by an employee of a work-related problem, concern or complaint.

An employee may be aggrieved about:

• allocation of work, job design, performance management, promotion, selection or recruitment;
• a workplace communication or interpersonal conflict;
• an occupational health and safety issue;
• an allegation of discrimination, including harassment;
• a question, dispute or difficulty concerning the interpretation, application, or operation of an award or agreement; or
• another matter.

Grievances that are not dealt with quickly and effectively can lead to major problems. These include:

• lost productivity and working time of everyone involved;
• low staff morale, increased absenteeism and increased staff turnover;
• loss of reputation for the organisation;
• loss of reputation to the employee; and
• legal action and orders for compensation.

It is important that your organisation has a clear grievance handling policy and procedure to ensure quick, effective resolution of any grievance. If you are covered by a federal or state award, check whether it includes a dispute or grievance procedure. This may be sufficient for your organisation's needs.

If you receive a grievance from a staff member and have no grievance policy, consider seeking the aggrieved employee's agreement to approach a similar organisation for their grievance policy and use it as an interim guideline until your new policy is developed and approved in full consultation with staff. It is best not to try to create a policy while you are in the middle of a crisis. All policies should be subject to consultation before being ratified by your board or committee.

Responsibility for Grievances

The responsibility for handling grievances rests with Executive Officers, supervisors, and boards or management committees, and should be made explicit in the job descriptions and performance agreements. The division of responsibilities will vary according to the size of your organisation and its structure. The board or management committee and Executive Officer have:

• a leadership role in demonstrating a commitment to the resolution of employee's workplace concerns and grievances; and
• accountability for ensuring there is an effective, timely, impartial and just system for dealing with employee's work-related concerns and grievances; and
• must be aware of confidentiality and privacy concerns.

Before you receive a grievance managers need to encourage employees to understand the agency's procedures for resolving work-related concerns and grievances.

Resolving Grievances

Where possible and appropriate, a manager receiving a grievance should attempt to resolve the issue at through an informal procedure while not preventing the use of other avenues to the employee. The supervisor should also provide timely and confidential assistance to employees, including advice on available options. The manager should also be mindful of their responsibility for the safety of staff and ensure no-one is victimised.

Ensure you keep accurate records of the process, such as notes of meetings and the topics covered. Record concerns if they are raised by staff, and also any action taken to resolve the issue.

Employees have the responsibility to take prompt action on work-related concerns or grievances in accordance with the agency's procedures. It is important for the employee to state exactly what the problem is in order for it to be dealt with most effectively, and to be clear about the type of resolution they require.

An employee can seek advice from a union, or their union representative, or the equal employment opportunity officer, in following through on a grievance. If they are not satisfied with the resolution they may seek to continue the matter through agencies like the Australian Industrial Relations Commission or the Human Rights and Equal Opportunity Commission.

Preventing Staff Conflict

Effective, regular supervision and good cross-organisational communication are the best 'immunisation' against grievances developing in the workplace. Ideally, problems should be flagged and discussed as part of supervision and management meetings before they develop into large-scale problems.

Remember that most disputes can be resolved effectively through informal processes (i.e. at the level of the employee and his or her immediate concern). A successful dispute resolution can actually build trust and better relationships.


Back to Staff: Further Human Resources Information

This website does not constitute legal advice. ACTCOSS does not warrant or guarantee the currency, accuracy or completeness of information contained on this website. For further information, read our disclaimer.