EMPLOYMENT CASE LAW / HUMAN RESOURCE MANAGEMENT – Grievance Procedures – What Organisations Should be Mindful OF
Workplace grievances affect every Organisation. An Employer who considers their Organisation is free of issues may be failing to hear Employees grievances, rather than operating an environment which is free of dissatisfaction. Failing to hear grievances can be detrimental to an organisation, and failing to manage or respond to grievances quickly, fairly and consistently may be as bad as not hearing them at all.
There is no legal requirement for Organisations to have a grievance procedure for Employees to raise dissatisfaction. However it is good Employee relations practice to put such a procedure in place. Having an effective grievance procedure can aid an Organisation in learning from its Employees, and can assist in protecting the Organisation from a claim of constructive dismissal. The Code of Practice which should be considered when looking at Grievances is: S.I. No. 146 of 2000: Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000. This sets out principles to be adhered to and the rights of an Employee to be upheld in any grievance management procedure. Although a breach of the Code does not leave an Organisation open to possible litigation or potential fines in itself, a failure to adhere to the principles in the Code may well increase the risk of a claim of constructive dismissal by an Employee.
Failing to hear and manage Employee complaints can lead to poor Employee relations, Employee dissatisfaction, increased levels of absenteeism and increased Employee turnover. In addition, a failure to have in place a clearly communicated grievance procedure can expose an Employer to liability for breaches of legislation, in particular under the Unfair Dismissals Acts.
The general principles which should be applied in every grievance procedure include:
Applying the Grievance Procedure
The Code of Practice promotes that a grievance procedure should have formal and informal channels for resolution. The majority of grievances can be resolved in an informal manner.
The formal procedure may be invoked where:
There is no legal requirement for Organisations to have a grievance procedure for Employees to raise dissatisfaction. However it is good Employee relations practice to put such a procedure in place. Having an effective grievance procedure can aid an Organisation in learning from its Employees, and can assist in protecting the Organisation from a claim of constructive dismissal. The Code of Practice which should be considered when looking at Grievances is: S.I. No. 146 of 2000: Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000. This sets out principles to be adhered to and the rights of an Employee to be upheld in any grievance management procedure. Although a breach of the Code does not leave an Organisation open to possible litigation or potential fines in itself, a failure to adhere to the principles in the Code may well increase the risk of a claim of constructive dismissal by an Employee.
Failing to hear and manage Employee complaints can lead to poor Employee relations, Employee dissatisfaction, increased levels of absenteeism and increased Employee turnover. In addition, a failure to have in place a clearly communicated grievance procedure can expose an Employer to liability for breaches of legislation, in particular under the Unfair Dismissals Acts.
The general principles which should be applied in every grievance procedure include:
- The procedure must be rational and fair.
- The basis for any grievance must be clear.
- There must be an internal appeals mechanism.
- Commence with an informal stage where the Employee addresses the issue directly with their Manager prior to the formal process being commenced.
- The principles of natural justice must be adhered to:
- Details of the complaint must be put to the Organisation.
- The Organisation must be afforded an opportunity to respond.
- The Employee should be afforded the opportunity to avail of representation, defined in the Code of Practice as a colleague, or member of a registered Trade Union, but not any other person or body unconnected with the enterprise.
- The Employee has a right to a fair and impartial determination of the issues concerned taking account of relevant factors and evidence.
- Steps in the procedure should generally be progressive. However it is acknowledged that in certain situations the Employee may choose to raise an issue at the later stages of the procedure without recourse to the informal stages or other stages of the procedure.
- The procedure should set out levels of responsibility for each stage of the procedure.
- Adequate records must be kept in relation to grievance situations.
Applying the Grievance Procedure
The Code of Practice promotes that a grievance procedure should have formal and informal channels for resolution. The majority of grievances can be resolved in an informal manner.
The formal procedure may be invoked where:
- The informal procedure has failed to resolve an Employee’s grievance to their satisfaction and they decide to formalise the issue.
- The informal procedure is deemed inappropriate by the Employee.
- An earlier stage of the formal procedure fails to resolve the issue to the Employee’s satisfaction and the next formal stage is being invoked.
