Grievance : : Grievance : Grievance According to Michael Jucius , “ A grievance can be any discontent or dissatisfaction, whether expressed or not, whether valid or not, and arising out of anything connected with the company that an employee thinks, believes, or even feels as unfair, unjust, or inequitable.” . Slide 2: A grievance means any discontentment or dissatisfaction in an employee arising out of anything related to the enterprise where he is working. It may not be expressed and even may not be valid. It arises when an employee feels that something has happened or is going to happen which is unfair, unjust or inequitable ESSENTIALS OF A GRIEVANCE PROCEDURE : : ESSENTIALS OF A GRIEVANCE PROCEDURE : 1. Conformity with existing legislation: The procedure should be designed in conformity with the existing statutory provisions. Where practicable, the procedure can make use of such machinery as the law might have already provided for. 2. Acceptability: Everybody must accept the grievance procedure. In order to be generally acceptable, it must ensure the following: A sense of fair-play and justice to the worker, Reasonable exercise of authority to the manager, and Adequate participation of the union. Slide 4: 3.Simplicity: The following points should be noted in this regard: The procedure should be simple enough to be understood. The steps should be as few as possible. Channels for handling grievances should be carefully developed. Employees must know the authorities to be contacted at various levels. Information about the procedure should be thoroughly disseminated among all employees through pictures, charts, diagrams, etc. Slide 6: 4 . Promptness: Speedy settlement of a grievance is the cornerstone of a sound personnel policy. It should be remembered that justice delayed is justice denied. The procedure should aim at a rapid disposal of the grievance. This can be achieved by incorporating the following feature in the procedure: As far as possible, grievances should be settled at the lowest level. No matter should ordinarily be taken up at more than two levels, i.e. normally there should be only one appeal. Different types of grievances may be referred to appropriate authorities. Time limit should be placed at each step and it should be rigidly followed at each level. Slide 7: 5. Training: In order to ensure effective working of the grievance procedure, it it is necessary that supervisors and the union representatives should be given training in working of the grievance procedure. All the policies should be conveyed to the concerned parties. 6. Follow-up: The personnel department should review the working of the grievance procedure periodically and necessary changes should be introduced to make it more effective. This is generally ignored by the organizations. A regular follow up of the system increase the faith of the people in the system. Therefore it is necessary that the grievance procedure should be reviewed whenever it is so required. Dispute: Dispute Disciplinary disputes: Grievance disputes: treatment at work – man taking job centre to court over discrimination of wearing a tie. Industrial disputes: a disagreement between management and the trade union representing employees that is serious enough for industrial action to result - usually over pay and conditions – fire fighters dispute, London Underground workers strikes. Settlement:: Settlement: Internally: Disciplinary procedure: informal discussion between employee and employer; then a formal verbal warning; then a formal written warning; then notice of dismissal. Grievance procedure: informal discussion with manager; formal complaint to senior manager; matter investigated; can go to an employment tribunal. Slide 10: Externally Employment tribunal : Originally called Industrial Tribunal, these were first created by the Industrial Training Act 1964 and now cover a wide range of employment rights. Cases are usually heard by a Chairperson and two Lay- persons. The Chairperson will be legally qualified and the Lay-persons will represent the employee and employer. Sometimes a case may be heard with only one Lay-person or even by the Chairperson alone. Can try to win financial compensation or to gain their job back Slide 11: ACAS: Founded 1974, funded by the Department of Trade and Industry (DTI) ACAS also helps solve issues before they become problems – advisors give advice and guidance to 750,000 callers a year on topics such as discipline and dismissal, contracts, redundancy, holiday pay, maternity provisions, working time regulations and grievance procedures. Slide 12: Arbitration, Conciliation and Arbitration Service: their approach is “Don’t get angry, get curious” o Advisory – gives advice to firms o Conciliation – talks to both sides to find common ground – reaching an agreement they both feel will work Arbitration – listens to both sides & gives a fair settlement for both European Court of Justice: expensive option Separation: Separation Separation means cessation of service or agreement with the organization for one or other reason. The employee may be separated from the payroll of the company as a result of Resignation Discharge & Dismissal Suspension & Retrenchment Layoff Benefits of employee separations: Benefits of employee separations Reduced labour costs Replacements of poor performances Increased innovation The opportunity for greater diversity Types of employee separations: Types of employee separations Slide 16: Involuntary separations It occurs when an employer decides to terminate its relationship with an employee due to Economic necessity or A poor fit between the employee and the organization. Voluntary separations A separation that occurs when an employee decides, for personal or professional reasons to end the relationship with the employer. Types Of Involuntary Separation: Types Of Involuntary Separation There are three types of involuntary separations Discharge Layoff Retrenchment Slide 18: Discharge takes place when mgmt decides that there is a poor fit between an employee and the organization. It could be a result of poor performance Or because of some unacceptable behavior Layoff means the “failure”, “refusal" or “inability” on the part of any employer to give employment to any number of workmen on account of shortage of raw material, accumulation of stock, breakdown of machinery or for any other reason. Slide 19: Retrenchment means “discharge of surplus labour or staff” by the employer on account of long period of layoff, or rationalization or improved machinery or automation of machines or similar other reasons.