Grievance Handling

Definition of Grievance Handling Grievance denotes any discontent or dissatisfaction whether expressed or not and whether valid or not arising out of anything connected with the enterprise that an employee thinks, believes or even feels is unfair unjust and inequitable. Keith Davis defines grievance as any real or imagined feeling of personal injustice which an employee has concerning his employment relationship.

Concept of Grievance Grievance according to Fillipo, “The term would include any discontent and dissatisfaction that affects organizational performance. It can either stated or unvoiced, written or oral, legitimate or ridiculous. A complaint is a discontent that has not assumed importance. A complaint becomes grievance when the employee feels that injustice has been committed.

Concept of Grievance Industrial dispute originate from minor grievances if not taken care of. Mutual acceptability of grievance handling procedure is an effective tool to handle HRM and human relations in enterprises.

Concept of Grievance Grievances or conflicting thoughts are part of industrial / corporate life. It is essential to bring this conflict to the surface. All conflicts cannot be eliminated but their exposure will contribute towards their reduction. Such exposures lead to adjustments and further improved organizational effectiveness.

Concept of Grievance Violation of employee’s right must be there Employer or his/her agent like manager/supervisor must have violated the employees rights Complaint of an employee not involving employer is not a grievance in actual term but needs to be addressed.

Concept of Grievance Areas of grievances Wage related grievances Workload assignment of work Placement of workers Unequal or unfair treatment Disciplinary actions Sexual harassment Physical working conditions

Concept of Grievance Areas of grievances Supervisory practices Personal rights and privileges Violation of union rights Violation of service contracts Discontinuation of past practices Violation of employee rules Unfair labour practice Mis-management

Concept of grievance Types of grievances Individual grievance Single individual is affected Group grievances Several employees have same complaint Union grievances Grievances filed by the union on behalf of the employees or related to union rights

Grievance Handling Procedure

General principles of grievance handling Wherever possible grievances should be resolved informally without recourse to formal procedures. When it is not possible for a grievance to be resolved informally, in such cases, the procedure should be followed.  Any steps taken under this procedure should be taken promptly, unless there is a good reason for delay. At any stage in the procedure, subject to the agreement of all parties concerned, there may be a suspension in proceedings to facilitate mediation, fact-finding or other non-adversarial discussions with the aim of promoting resolution of the case.

General principles of grievance handling If, on investigation, the grievance is found to be trivial the manager may dismiss it without further consideration. The employee will be advised accordingly. All employees will have the right to be accompanied at any formal meetings held under this procedure by a trade union representative or work colleague. All parties involved in these procedures must ensure that they maintain, as appropriate, the confidentiality of the process within and outside the enterprise.

General principles of grievance handling Whilst every endeavour will be made to comply with timescales, due to the complexity and or specific circumstances of a case, timescales may be extended. In such circumstances the individuals concerned will be advised of the reasons for any delay. A member of the human resources team will be consulted and will advise on the formal process.

Benefits of a Grievance Procedure A grievance procedure brings into the open It helps in preventing grievances from becoming serious and get transformed into dispute Grievance system provides a sense of confidence and security to the employee Helps in establishing and maintaining a work culture of the organization. Arbitrary management actions get checked upon. Actions of manager can be challenged.

Machinery of Grievance Handling Every organization requires a permanent procedure for handling grievances Procedure consists of a number of steps arranged in a hierarchical order Steps varies with the size of the organization Though labour union is not essential for the determination of the procedure, it is important factor.

Essentials of Grievance procedure Conformity with existing legislation Acceptability. It means fair play and justice to the workers Principles of natural justice Reasonable exercise of authority to the manager Adequate participation of the union Simple procedure The procedure should be simple enough to be understood by every employee. Easily identifiable authorities

Essentials of Grievance procedure Promptness The procedure should aim at a rapid disposal of the grievance It should be settled at the lowest possible level Classify grievances and designate appropriate authorities Time limit should be fixed at each step and should be rigidly followed at each level

Essentials of grievance procedure Training Supervisors and union representatives must be trained Follow up Needs periodical review and structural changes if necessary.

Points to remember when Handling Grievance Give importance to every grievance whether relevant or irrelevant or insignificant A grievance should not be postponed Grievance should be put in writing to avoid ambiguity. Gather all relevant facts and maintain proper records Time to pursue grievance be permitted List all the solutions for the best choice Communication of the decision to the employee Follow-up of the decision and determine the aftermath effect on the employee and its positive impact.

Open door policy Workable in small organizations Bypasses the front line supervisors Top management will have no clues to assess supervisors skill in handling grievances Top management will not be in position to feel the causes of grievances. Psychological barrier to enter the office of the top management will be always there.

Legal framework for grievance handling Procedure for settlement of individual dispute (section 113) and collective disputes (section 116) in the Labour Act, 2074 Grievance handling procedure must be managed by making by-laws. May differ from enterprise to enterprise. The procedure may include mediation/ arbitration/ tribunal Internal appeal mechanism is important part of the procedure.