Your company should be making it easy for staff to get these views, even if negative, across. You really need to read it. Managers should also be given knowledge on what actions are considered reasonable. In this case, one would hold a meeting with the employee raising the complaint, to which they are allowed to bring a companion.
Staff should also be allowed to explain their problem and how they think it should be resolved. Take minutes for all grievance meetings — it will help later on if a disciplinary meeting occurs. Stipulate for how long the warning will remain current. If any evidence has been provided by the employee who filed the complaint, then include them with the notification.
This affords them with preparation material. As was possible with the grievance meeting, the employee has the right to be accompanied, if you so allow in the case of a hearing — and the same rules apply. Image: Shutterstock. Telling the truth about SME life today. Share via. Pinterest LinkedIn Copy Link. Why eBay thinks entrepreneurial grit in the face of gloom should inspire us all Read more.
From a one-woman PR agency to growing business with ties to royalty Read more. Receive all the latest news to your inbox. Send this to a friend. Send Cancel.However, a week after the memo was sent out, the employer terminated an employee, Guillemot Garden, who was a participant in the campaign organizing, for failing to follow proper lifting procedures and lying when questioned about his actions.
The termination of this employee was seen as an anti- union animus because the employer stated that it was opposed to unionization. It also went on to provide an example of another company who had unionized and lost contract work.
On March 19, Guillemot Garden, one of the health care aides was terminated on grounds of not following employer policies of proper lifting procedures and lying when questioned about his actions. Later when Heavers asked Sacred about how he got the resident into the bed, Garden had lied and said he had help from another aide. Heavers had also mentioned during phone conversations with the president that she had been formed that Garden was involved with union activities.
Last year, when improper lift procedures were done, a resident ended up with a broken leg and the employer suffered significant financial damage. After the incident, the employer required all employees to attend a training session on lifting practice and a signed document acknowledging that they had received and understood the training.
The aide who had caused the incident was not disciplined but was transferred to another facility. She had claimed that she should not have been licensed because it was common practice tort the aides to move the resin. NET themselves or without a mechanical lift. Several weeks after Garden was terminated, two other aides were disciplined for violating the lifting policies.
Both aides only received verbal warning and no other punishment."Definition of Grievance" and “Employee Grievance Handling Procedure” in Hindi
Strength and Weaknesses of Parties Arguments: rhea union and the employer disagreed on the intent and impact of the memorandum that were sent to the employee. The memo also stated that the employer is not afraid of dealing with the union. The case of the employer terminating Garden was based on his violation of workplace policies grading lifting procedures and the fact that he had lied about the incident in question.
He also had previous disciplinary offences on his record. The employer regarded the testimonies of employees that the policies regarding safe lifting and moving of residents were often ignored.
The employer states that employees may have witnessed the violations of the policies, but none were ever reported. The union argued that Garden was terminated because he was involved in the organizing campaign and he employer had stated that it did not support the certification of a union.
Also Heavers, the Longtime manager who fired Garden did not have proper documentation of the phone conversations to the presidents and meetings leading to the termination. Conclusion: rhea employer has the right of free speech and to communicate with employees; however it should be restricted to business content. On the matter of the reader termination based on the violation of the workplace lifting procedures, it does not meet the regulation of the balance of probabilities.
The employees had mentioned that it was a common practice amongst health care aide workers that En lifting a resident, it was usually done alone or without the aid of a lifting mechanism.
The employer made all employees attend a training session on the proper lifting requirements and procedures, giving employees access to skills, training and information. They had also given memos to all employees stating the Importance to tolling the lilting policy. Even though the employer had intended to enforce the regulations of proper lifting procedure previously, the company chose to enforce the punishment of not following the policy after the organizing campaign had started, thus making the enforcement appear as an anti-union tactic.There are three basic things to manage in life and they are human resources, non human resources and time.
Organization effectiveness is being defined as the extent to which an organization as a social system give certain resources and means, fulfills its objectives without placing under straight grievance upon its members. The most important element of an organization is its employee.
A Gross Misconduct Disciplinary Case Study
This is because, machine cannot operate themselves without human assistance, hence for human being to perform efficiently, he must have the spirit to perform, this means he must be satisfied. An unsatisfied worker has grievance. The issue of employee grievance is as old as industrial societies, but in recent time the question of management of employee grievance in Nigeria and Enugu State in particular has reached learning proportion.
It is a versed issue that been eaten deep into the fabrics of every well organized industrial establishment the problem has also becomes the order of the day in private and public establishment. Generally, the researcher is of the believe that the employee grievance in any establishment, establishes the fact that the employees of the organization are not happy with e scheme of things in the organization. An aggrieved employee who feels he has a grievance against manager a supervisor is against the company as a whole is an unhappy employee and unhappy employee cannot do effective work.
He becomes depressed, his morale is low and as a result his efficiency drops. Satisfaction at work in terms of all circumstances that surround the job is key to high morals. It does not matter how well paid and interesting a job may be, unless the individual performing the job feels that he is being fairly treated his morals will be adversely affected. When workers go on strike, we realized the importance of human element. This is because under such conditions everything comes to a half.
The fact that there are grievances in the organization is not an easy thing to detect, because many grievances go unexpressed and unexposed for a long period of time and required only a competent anger to handle before it turns it to a critical situation. Human assets are more valuable than physical assets and should be carried on the organization balance sheet. The existence of grievances in organization is inevitable because for an organization to have grievances free relationship means that they will have no relationship at all improper handling of grievances leads to disruption of work in the form of go show work to rule, demonstration, violence, strike and resignation which ultimately amount to labour turnover with its effect on the organization.
Grievance Case Study
Therefore an organization wising meaningful productivity and improved labour management relationship must design adjust and equitable grievance handling system.
Ohiri A. U asserts that employee grievance in organizational or industrial relation context as a state of dissatisfaction or discontent on the part of either labour or management. He also said that grievance is negative feeling which commonly find expression in various forms ranging from complaint to strike action or destructive reactions. He also pointed the following causes of grievance, which are. Ohiri gave the following rules of handling of employee grievance which are Determination or both parties to stop it in their mutual interest.However, with the constant pressures of managing the day-to-day operations of an organisation, communicating with employees can fall through the net.
Jenny was an Administrator in a large retail company dealing directly with customers on a daily basis. She made a complaint to her Manager, Derek, saying that she was struggling to cope with a colleague who had been abusive to her and had made cruel remarks about how she dealt with the customers. Jenny had already spoken to the colleague in question but their behaviour had not changed she has raised the matter with her manager Derek in the hope that he would speak to the colleague or do something to help the situation.
However, when nothing happened, Jenny felt that she had no option other than to lodge a formal grievance, against Derek saying that her complaint had not be taken seriously and not handled correctly.
The Company recognized that the grievance process needed to be followed properly, or it might mean losing two good employees, or even litigation further down the line. Our advisors also supported Jenny to informally address her concerns with her colleague again. This time, in a properly facilitated meeting, both Jenny and her colleague were able to discuss her concerns, and her colleague was able to understand why their behaviour had been inappropriate.
It was clear that best practice procedures had not been followed by Derek, as he did not understand his duty of care as a manager or that Company procedures were in place to support all parties in this situation. Jenny was pleased with the outcome but unsure about her relationship with Derek after the grievance procedure had been formally followed.
Derek was feeling disgruntled and demotivated as he felt that the situation had been blown out of proportion. Situations like this can impact on all of the team, making the working environment unpleasant and awkward.
Mediation is an involuntary, independent process requiring both parties working together to reach a satisfactory resolution. Although it was a difficult conversation, workplace mediation assisted them to have necessary conversations in a fair, constructive and respectful manner.
This is a clear example of how a practical and pragmatic approach can save time, money, and stress when dealing with employee grievances. Derek would have had to follow this procedure, which is very similar to the grievance procedure. HCHR also supplied the company with a Dignity at Work policy to help the managers differentiate between a grievance and a Dignity at Work complaint.
Claims for discrimination can be brought by an employee regardless of length of service, and can have un-capped penalties. If any of scenarios outlined in this case study seem familiar, then your organization may well need HR advice and guidance. For a free minute consultation, please call us today on the number below:. Your Name required.
Telling the truth about SME life today
Your Email required. Press enter to begin your search. No Comments. Background to the Grievance Jenny was an Administrator in a large retail company dealing directly with customers on a daily basis. Outcome of Intervention It was clear that best practice procedures had not been followed by Derek, as he did not understand his duty of care as a manager or that Company procedures were in place to support all parties in this situation.
Their morale might have dropped. And because of this, their productivity levels might drop. And before long, your staff retention numbers fall as disgruntled staff leave the business. An employee grievance is a concern, problem, or complaint that an employee has about their work, the workplace, or someone they work with—this includes management.
As an employer, you've probably had at least one member of your staff come to you to express that they're unhappy with what you're paying them. Make sure that you have a pay and benefits policy that outlines how often you will conduct salary and benefits reviews with your staff, and ensure that any documents your employees receive are in line with this policy.
It's inevitable that members of staff in your workplace just won't get on. But that doesn't mean you should allow bullying or harassment.
You must have a zero tolerance policy. Ensure that you give everyone your anti-bullying and anti-harassment policies, and always email any updates or revisions. These policies should include the disciplinary procedure you'll follow if somebody lodges a grievance for bullying or harassment. Nobody wants to lose a valuable employee because of problems with their workplace conditions.
It's up to you to prevent this. Outfit your office with fire extinguishers. Other obvious essentials include refuse bins around obvious areas, such as a kitchen or canteen and near desks, too. As part of your assessment, you could assess whether you should invest in air conditioning for the summer, or radiators if the office gets cold in the winter. You can often find a link between grievances about their workload, and pay and benefits issues that staff raise.
If you're going to increase an employee's workload, you should be ready for them to ask, "What's in it for me? And if you're hoping that your employee will just do more work for no extra pay or benefits, and not even a recognised promotion, you're likely to frustrate your employee.
And as we said earlier, their morale will drop. They will begin to resent you and feel like you're taking advantage of them. They'll end up doing less work. And they might begin their search for a new job. In this situation, they could even have a case for constructive dismissal —if they feel like they have no choice but to resign. Book my free demo. See our packages. Having an informal chat when they first come to you with their issue can sometimes be all you need to address what's bothering them.
Case Study: Managing Employee Discipline
But not always. In which case, your employee might opt to go further and raise a formal grievance. Avoid grievances in your workplace today by taking advantage of our knowledge.
Book your demo of BrightHR. Sign up to our newsletter.Our client provides elderly, nursing and specialised care in a chain of residential homes across the Home Counties.
They had received a grievance and counter-grievance between two managers working together in one care home but despite both informal and formal attempts internally to address the grievances and the underlying working relationship, everything failed.
The deteriorating relationship and the escalating allegations made in the grievances started to have a significant impact on other members of the care home management and raised serious concerns within Head Office.
The client contacted Beststart HR to carry out an independent investigation into all allegations raised in both grievances and to write a report with recommendations for the Regional Manager to consider and action, where appropriate.
The grievances both contained numerous allegations that needed to be addressed. These included bullying; harassment; victimisation; favouritism leading to unfair treatment; breaches of medicine procedures; inappropriate behaviour towards care home residents; inappropriate behaviour towards staff; payroll fraud; and poor management practices.
Initially after meeting with both individuals which collectively took 6 hours, a further 13 members of staff were interviewed. This included other members of the management team and care workers. In addition to witness statements, a paper investigation was required, which included viewing facebook posts; cross checking signing-in sheets, timesheets, rota and payroll records; and cross checking various medicine records.
Following the investigation, a full report was written for the client with supporting evidence. This identified where there was sufficient evidence to uphold the allegations raised in either grievance; where there was insufficient evidence to be certain but further investigation could be conducted; and where there was insufficient evidence.
One of the recommendations made which was supported by the client was mediation between two of the individuals involved to allow them to re-establish their working relationship and to continue to work in the same care home.
A call was made to both individuals prior to the mediation day to ensure they understood the process and were willing to engage. Once agreed, both attended the mediation day which took place in the Head Office away from the care home. After initial individual meetings with both parties to identify their concerns and desired outcomes from the process, they agreed to sit together in a room with the mediator facilitating a frank and open discussion.
Both parties spoke of their issues, frustrations and fears and after a couple of hours, a common desire for resolution was identified.
They worked together to form an action plan and agreed ways of working. They also agreed to share the action plan with a manager in the organisation to ensure they remained on track and focused on repairing their working relationship.
To date the mediation has been successful with communication and trust gradually building. As a result of their active participation, effective management of the care home ensued. For further information regarding our services, or for a friendly chat about a current HR problem, please contact us directly.They offer extensive fleets of cars, vans, trucks and minibuses for personal and business, short and long term hire.
The client was referred to us partway through a complicated employee bullying and harassment grievance complaint that had been incorrectly handled and was in danger of becoming litigious.
Solutions for HR assessed the actions to date and determined that there had been an insufficient investigation into the complaints about the Company to draw a fair and reasonable conclusion. It was also clear that best practice procedures had not been followed as the client had delivered a decision without a thorough and documented investigation and formal grievance hearing.
Solutions for HR handled the grievance investigations to ensure confidentiality, sensitivity and to eliminate any bias. On receipt of the employee grievance appeal, we facilitated an appeal hearing and worked with the client to determine an appropriate decision. We went on to work with the employer to deliver the outcome and to develop an employee relations strategy for the future.
Our role also ensured objectivity and confidentiality, which is paramount in sensitive situations such as this and we were able to mediate between the parties to resolve the situation productively. If you would like to receive the latest employment law updates by email sign up for our monthly newsletter. You can unsuscribe at any time. Grievance Management Solutions for HR handled the grievance investigations to ensure confidentiality.
Case Study — Car Hire. Grievance Management. The Client. One of the largest privately owned companies in the North West. The Brief. The Solution. The Result. Receive updates. Call To resolve your situation productively. Click to send us a message.