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Managing Employee Grievance

leave. which he thinks must be fulfilled by the organization he is working for. and termination of service. transfer. When the organization fails to do this he develops a feeling of dissatisfaction. conditions of work and interpretation of service stipulations covering such areas as overtime.’ . allowances. job assignment. When an employee feels something is unfair in the organization he is said to have a grievance. seniority. ILO defines Grievance Handling as: ‘A complaint of one or more workers in respect of wages.Introduction to Grievance Handling What is a Grievance? Every employee has certain expectations. promotion.

Concept of Grievance DISCONTENT/ DISSATISFACTION Anything that disturbs the employee whether expressed or not COMPLAINT Dissatisfaction expressed or discussed with others GRIEVANCE Complaint brought to the notice of management .

Nature of Job. Overtime. Suffers from feelings of neglect. equipments. regional feelings etc. favoritism. poor ventilation and unsafe employee such as perceived equipments.etc. Some of them are listed below: ( I ) Economic Wage fixation. Incentive. Unfair practices. . Victimization and becomes an object of ridicule and humiliation etc.Causes: There are certainly some of the causes that can lead to Grievances. ( II ) Work Environment ( III ) Supervision Poor physical condition of workplace Relates to the attitude of the like unsafe working condition. Defective tools and equipment. Poor quality of material. notions of bias. Poor quality raw material. tools. ( IV ) Work Group Employee is unable to adjust with his colleagues. Stringent production norms. Allowances. supervisor towards the illumination. Increments.

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 .

Model Grievance Redressal Procedure Aggrieved employee Communicates verbally 2 DAYS With Dept. representative Not Satisfied Grievance Committee Satisfied 7 DAYS 7 DAYS Not Satisfied Satisfied Management . representative/ reports in writing Supervisor/ immediate superior Satisfied Not Satisfied Head of Department Satisfied G R I E V A N C E R E D R E S S E D Management Not Satisfied Satisfied Union & mgmt representatives 7 DAYS Not Satisfied Satisfied Voluntary Arbitration 7 DAYS 3 DAYS With Dept.

In other cases the decision of the investigating officer & the action. 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. if any taken thereon by the Manager 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. . or incidental to these Standing Orders shall be subject to an appeal to the proprietor except where the Manager is himself the proprietor. Where the complainant alleges unfair treatment or wrongful exaction on the part of a superior.The Statutory Provisions for the Grievance Handling Procedure under the Industrial Employment (Standing Orders) Act. 1946. or in connection with. a copy of the order finally made by the Manager shall be supplied to the complainant if he asks for one. (2) The Manager or any such officer shall personally investigate the complaint at such times & places as he may fix. 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. submit a complaint to the manager in his behalf. The workman and(i) any other workman of his choice. Cl 29. The decision of the Manager upon any Question arising out of.

and if yes. from the date of his joining the organisation (whether he was found skilled & up to mark in his work profile) Grievance Records: Whether he has had any grievance regarding any issue. how did it affect his performance? Medical Records: This is really vital.Developing Information In Investigatory Grievances SOURCES OF INFORMATION: 1. as it indicates your physical abilities to perform the assigned work. 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. .

Medical Reports: This determines the employee’s competency to perform the assigned job. .2. As the supervisor really knows the grievant well. this report is crucial in investigatory purposes. SPECIAL REPORTS Supervisory Report: This includes the feedback from the supervisor regarding the overall personality trait of the employee.

the more you know him better.3. So union members definitely get to know each other well. 4. 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. PHYSICAL EVIDENCE . which is very important in grievance handling cases. This is obvious especially among peers.

PROCEDURES FOR USE OF SOURCES  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 .

arbitrators look for clear and convincing proof in the majority of cases.PROOF Evidence is used to establish proof of a fact in the mind of the arbitrator.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. and the law. . There are three degrees of proof used by arbitrators in making decisions: (1) Proof beyond a reasonable doubt . Generally. the labor/management relationship. The degree of proof required depends on the nature of the case and must simply satisfy the arbitrator.

bears the initial burden. In disciplinary cases. it is usually the employer who has the burden of proving just cause. . which is usually the union.BURDEN OF PROOF One party has the obligation to establish through evidence the issue to be proven. in nondisciplinary hearings. the grieving party. The burden of proof may also shift. In arbitration. Generally. 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. 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.

2.PREPARATION OF THE WITNESSES ENCOURAGE THE WITNESS TO: 1. Maintain a calm and dignified position while testifying so as to enhance his or her credibility. Arguing with opposing counsel during cross-examination. Offering explanations or attempting to rephrase the question and answer Volunteering information that is not specifically asked . 1. 1. 4. Tell the truth. 2. Listen very carefully to the questions that are asked and to answer only the question asked in the most direct and simplest way possible. Ask for the question to be explained or restated if he or she does not understand the question. DISCOURAGE A WITNESS FROM: 1. Answer only "Yes" or "No" in response to questions from opposing counsel on cross-examination. 3.