handling employee grievences

7/30/2019 handling employee grievences

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Managing Employee GrievanceMana

ging Employee Grievance


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Introduction to Grievance HandlingIntroduction to Grievance Handlin

g

What is a Grievance?

Every employee has certain expectations, which he thinks must be fulfilled by

the organization he is working for. When the organization fails to do this he

develops a feeling of dissatisfaction. When an employee feels something is unfair

in the organization he is said to have a grievance.

ILO defines Grievance Handling as:

A complaint of one or more workers in respect of wages, allowances,

conditions of work and interpretation of service stipulations covering suchareas as overtime, leave, transfer, promotion, seniority, job assignment, and

termination of service.


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Concept of Grievance

DISCONTENT/

DISSATISFACTION

Anything that disturbs

the employee whetherexpressed or not

COMPLAINT

Dissatisfaction

expressed or

discussed with others GRIEVANCE

Complaint brought

to the notice of

management


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Causes:

There are certainly some of the causes that can lead to Grievances. Some of them are listed

below:

( I ) Economic

Wage fixation.

Overtime.

Incentive.

Allowances.

Increments.

( II ) Work Environment

Poor physical condition of workplace

like unsafe working condition,

illumination, poor ventilation and unsafe

equipments.

Stringent production norms.

Defective tools and equipment.

Poor quality of material.

Unfair practices.

Nature of Job.

Poor quality raw material, tools,

equipments.etc.

( III ) Supervision

Relates to the attitude of the

supervisor towards the

employee such as perceived

notions of bias, favoritism,regional feelings etc.

( IV ) Work Group

Employee is unable to adjust with

his colleagues.

Suffers from feelings of neglect.

Victimization and becomes an

object of ridicule and humiliation

etc.


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Causes:

( V ) Miscellaneous

Issues relating to certain violations in

respect of promotions,

Continuity of service.

Transfer

Disciplinary rules

Fines

Granting leaves

Over stay after the expiry of leaves

Medical facilities

Favoritism


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Model Grievance Redressal Procedure

Aggrieved

employee

Supervisor/

immediate

superior Union & mgmt

representatives

Head of

Department

Grievance

Committee

Management

Communicates

verbally

2 DAYS

With Dept.representative/

reports in writing

3 DAYS

7 DAYS

With Dept.representative

7 DAYS

7DAYS

Voluntary

Arbitration

G

RI

E

V

A

N

CE

R

E

D

RE

S

S

E

D

7

DAYS

Satisfied

Satisfied

Satisfied

Satisfied

Satisfied

Satisfied

Not Satisfied

Not Satisfied

Not Satisfied

Not Satisfied

Not Satisfied

Management


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The Statutory Provisions for the Grievance Handling Procedure under the Industrial

Employment (Standing Orders) Act, 1946.

The provisions are under: -

Cl 28) (1) Any workman desirous of the redress of a Grievance arising out of his employment or

relating to unfair treatment or wrongful exaction on the part of a superior shall either himself or

through a trade union of which he is a member, submit a complaint to the manager in his behalf.

(2) The Manager or any such officer shall personally investigate the complaint at such times &

places as he may fix. The workman and-

(i) any other workman of his choice, or

ii) (ii) where the complaint is made through a trade union a member of the union shall have the

right to be present at such investigation.

Where the complainant alleges unfair treatment or wrongful exaction on the part of a superior, a

copy of the order finally made by the Manager shall be supplied to the complainant if he asks for

one.

In other cases the decision of the investigating officer & the action, if any taken thereon by theManager shall be intimidated to the complainant:

Provided that complaints relating to assault or abuse by any persons holding a supervisory position

or refusal of an application for urgent leave shall be enquired into immediately by the Manager or

such other officers as he may appoint.

Cl 29. The decision of the Manager upon any Question arising out of, or in connection with, or

incidental to these Standing Orders shall be subject to an appeal to the proprietor except where the

Manager is himself the proprietor.


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Developing Information In Investigatory Grievances

SOURCES OF INFORMATION:

1. RECORDS

Personnel File:

It may contain the personal details of the employee that can prove vital while investigation.

Performance Records:

Past performances of the employee, from the date of his joining the organisation (whether hewas found skilled & up to mark in his work profile)

Grievance Records:

Whether he has had any grievance regarding any issue, and if yes, how did it affect his

performance?

Medical Records:

This is really vital, as it indicates your physical abilities to perform the assigned work.


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2. SPECIAL REPORTS

Supervisory Report:

This includes the feedback from the supervisor regarding the overall personality trait of

the employee. As the supervisor really knows the grievant well, this report is crucial in

investigatory purposes.

Medical Reports:

This determines the employees competency to perform the assigned job.


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3. INTERVIEWS:

Management

The management on interrogation can certainly determine some crucial facts that may help

in the investigation

Union

ThThe more you interact with a person, the more you know him better. This is obvious

especially among peers. So union members definitely get to know each other well, which is

very important in grievance handling cases.

4. PHYSICAL EVIDENCE


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Gathering of facts.

Determine possible witnesses.

Decide on order of interviews & conduct them promptly.

Examine reports as well as records.

Develop possible theories of the case

Develop working hypothesis

At all stages keep careful and complete notes

PROCEDURES FOR USE OF SOURCES


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PROOF

Evidence is used to establish proof of a fact in the mind of the arbitrator. The degree of

proof required depends on the nature of the case and must simply satisfy the arbitrator.

There are three degrees of proof used by arbitrators in making decisions:

(1) Proof beyond a reasonable doubt - the strictest degree

(2) Clear and convincing proof - the moderate degree

(3) A preponderance of evidence - the minimum degree

A greater degree of proof will be required for cases determining more critical issues for the

individual, the labor/management relationship, and the law. Generally, arbitrators look forclear and convincing proof in the majority of cases.


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BURDEN OF PROOF

One party has the obligation to establish through evidence the issue to be proven.

This burden of proof consists of two elements:

(1) The burden of producing evidence

(2) The burden of persuading the arbitrator of the issue in dispute

The burden of proof depends on the nature of the case. Generally, in non-

disciplinary hearings, the grieving party, which is usually the union, bears the initial

burden. In disciplinary cases, it is usually the employer who has the burden of

proving just cause. The burden of proof may also shift. In arbitration, the concept of

burden of proof may be applied according to the particular arbitrator who may or

may not find it useful to decision making.


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PREPARATION OF THE WITNESSES

ENCOURAGE THE WITNESS TO:

1. Tell the truth.

1. Listen very carefully to the questions that are asked and to answer only the question asked in the most

direct and simplest way possible.

2. Ask for the question to be explained or restated if he or she does not understand the question.

3. Answer only "Yes" or "No" in response to questions from opposing counsel on cross-examination.

4. Maintain a calm and dignified position while testifying so as to enhance his or her credibility.

DISCOURAGE A WITNESS FROM:

1. Arguing with opposing counsel during cross-examination.

2. Offering explanations or attempting to rephrase the question and answer

1. Volunteering information that is not specifically asked


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THANKS

Documents

handling employee grievences