Assignment week 10 grievance process presentation
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GRIEVANCEPROCESS1.pptxGRIEVANCE PROCESS
Name
Institutional Affiliation
Date
Introduction
What are grievances? (Roche & Teague, 2014)
The types of grievances
When do grievances occur
An employee grievance refers to any kind of a problem, complaint or concern that is related to an employee’s work or the work environment. A grievance can be on a personal, group or union basis. A personal grievance may involve omission, behavior, act, decision or a situation that has an impact on an employee that they think is unfair. A group grievance is where a group in the workplace complains that the actions of the management, in the same way, hurt a group of individuals. A union grievance entails a union complaining that the management has violated the agreement between the company and the employees whom the union represents. Grievance arises when employees' expectations are not fulfilled from the organization as a result of which a feeling of discontentment and dissatisfaction arises.
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Grievance procedure steps
Step 1 - raise the issue informally with the employer. Oral grievance
Step 2 – raise the issue formally with a grievance letter. Written grievance
Step 3 - grievance meeting should take place.
Step 4 – an investigation is required before the final decision is made
A grievance procedure is a process that resolves a dispute that is employed by a firm to address issues raised by employees, customers, suppliers, or even competitors. A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer. The employee can raise a grievance if: they feel raising it informally has not worked.
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Grievance procedure
Step 1
The employee verbally explaining the grievance(Johnstone & Wilkinson, 2016)
Grievance should be explained within five days
The first step in the grievance process is for the employee to orally present their concern to their immediate supervisor. The employee should do this within five business days of its occurrence. The aggrieved employee verbally explains his grievance to his immediate supervisor or in a conference or a discussion specifically arranged for the purpose. The employee seeks satisfaction from his supervisor. The grievance can be settled if the supervisor has been properly trained for the purpose, and if he adheres strictly to a basic problem-solving method.
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Grievance procedure
If step 1 is not settled then Step 2 happens
Submission of a formal letter written complaint to senior managers
The submission should be done within seven days
The second step begins when the grievance is not settled by the supervisor. In this case, it is sent to a higher level manager with a note in which are mentioned the time, place and nature of the action to which the employee objects. The higher level manager goes into the grievance and gives his decision on the matter.
In step 2, the employee will submit a formal written complaint to a designated senior manager for review. The written complaint should be presented within seven business days of the first discussion or seven business days of the incident in the event that the first step is skipped.
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Grievance procedure
Evaluation of the grievance
Grievance meeting is held with the employee and senior manager
Meeting should be held five days after the letter was received
Possible solutions
In step 3 the senior manager should hold a meeting with the aggrieved employee within five business days from when they have received the written complaint. This offers an opportunity for the issue to be discussed in depth. The senior manager should assure the employee that the discussion is confidential. The senior manager should present possible solutions to the grievance and may call the grievant to accept the employer's proposed settlement.
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Grievance procedure
A formal investigation is held
A final decision is made
The employee has the right to appeal the grievance outcome. (Baumann-Pauly & Nolan, 2016)
In step 4 the senior manager then uses the issues discussed in step 3 to conduct further investigation by way of reviewing related paperwork or interviewing coworkers. The details of the investigation should be documented. After the investigation, the senior manager will move forward to give the decision based on evidence and document it. The decision is then presented to the employee. After reviewing the decision, the employee has the right to appeal to the grievance decision made.
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The parties involved
The parties involved are
The employees
The union representatives
The senior management
An arbitrators
In the grievance process, there are different parties that are involved and the different parties play different roles. These parties are the employee, the union representatives, the senior management as well as the arbitrators. In some cases, when a decision is made and employee is satisfied with the outcome, an arbitrator is not required. Also, if the employee raises a verbal grievance and it is settled, then the union representatives are not required(Baumann-Pauly & Nolan, 2016).
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Responsibilities of parties involved
The employees
The union representatives
In the grievance process, the employee is expected to raise their concerns with the relevant authority, they should follow the stipulated procedure, observe professionalism and courtesy when presenting issues as well as when receiving the final decision. • The union representing the employees should have the capacity to efficiently present the interests of the employee while at the same time honoring its contract with the company.
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Responsibilities of parties involved
The senior management
The arbitrator
The management is required to provide a conducive environment where employees can comfortably air their grievances, uphold confidentiality on matters discussed with employees, act effectively and efficiently in doing investigations and issuing a decision. The management should have an HRM or a labor relations officer to advice on such matters.
In case of an appeal by the employee, he or she can raise an appeal An arbitrator is an impartial third party who is selected by both parties and who ultimately makes a binding decision in the situation. Thus arbitration is the final aspect of a grievance. If no resolution develops, an arbitrator might be asked to review the evidence and make a decision.
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Employment laws
Equal Pay Act
Americans with Disabilities
(Buckley, 2019)
The Americans with Disabilities Act (ADA) prevents the discrimination against individuals who live with disabilities and calls for reasonable accommodation, therefore, a grievance towards such a case is governed by this law
The Equal Pay Act (EPA) requires the employer to pay employees working in the same company the same wages for doing the same level of work. This governs a grievance towards equal pay in cases where some employees may be favored in salaries.
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Employment laws
Age Discrimination in Employment Act of 1967
Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, 2022)
Title VII of the Civil Rights Act of 1964 protects the employees against discrimination on the basis of religion, race, sex including gender identity and sexual orientation, and ethnicity. An employee who raises any concern that is provided in this law is legally protected. An individual who is discriminated on the basis of their age is protected by the Age Discrimination in Employment Act of 1967, therefore, any grievance raised related to discrimination originating from age is governed by this law.
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Outcome and ethical implications
Outcome
Management agrees to address the grievances
Implication
Management lacks policies
A recommended outcome of the situation is that the management upholds the grievances raised by the employees after investigations have been conducted and agrees to address them. The management, after investigations, will uncover that there are limitations with some of the practices, policies or procedures that might be contributing to such grievances.
The ethical implication of this is that the management has failed to follow due diligence in coming up with its policies and it could paint it in a bad light. However, it would be a good sign that the management is honest enough and ready to collaborate with its employees to create the best working environment. This will be a great gain for both parties.
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References
Baumann-Pauly, D., & Nolan, J. (2016). Business and human rights: From principles to practice. Routledge.
Buckley. (2019). Equal employment opportunity 2020 compliance guide. Wolters Kluwer.
Johnstone, S., & Wilkinson, A. (2016). Encyclopedia of Human Resource Management. Edward Elgar Publishing.
Roche, W. K., & Teague, P. (2014). The Oxford Handbook of Conflict Management in Organizations. OUP Oxford.
U.S. Equal Employment Opportunity Commission. (2022). The Age Discrimination in Employment Act of 1967. US EEOC. https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
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