Grievances

What is a grievance?

A grievance is a problem or concern somebody may have about their work, working conditions or relationships with colleagues.

There is also a statutory definition of a grievance. It states that a grievance is ‘a complaint by an employee about an action which his/her employer has or is contemplating taking in relation to him/her’.

The right to be accompanied

There is a statutory right applicable to an employee that allows them to be accompanied by another employee, worker or trade union official at most disciplinary and grievance meetings. The employee must make a reasonable request to be accompanied. It is not reasonable for the companion to be someone:

Whose presence would prejudice the hearing.
Who might have a conflict of interest.
Who is in a remote location and there is a suitable person on site.

The request does not have to be in writing. The companion can be another employee or worker, an official employed by a trade union, or a lay trade union official who has been certified by the union to act a companion. The trade union official can be from any trade union regardless of whether the employer recognises it. However, it is good practice to use an official from a union that is recognised within your workplace.

The fellow employee, worker or union official does not have to accept a request to accompany. The employment contract can specify additional rights to be accompanied by other persons such as partner, spouse or legal representative.

A companion who has agreed to accompany…

Is entitled to a reasonable amount of paid time off to fulfil their responsibility. This time should cover the hearing but it is also good practice to allow time for them to familiarise themselves with the case.

The companion should be allowed:

A say in the date and time of the hearing.
To put the employee’s case to the hearing.
To sum up the employee’s case.
To respond on the employee’s behalf to any view expressed at the hearing.
To confer with the employee throughout the hearing.

The companion can be either a fellow worker or a union official.