All About Employee GrievancesByJayadeva de SilvaM.Sc,,FIPM,FITD

1. An "Industrial Dispute" is defined as "any dispute or deference between an employer and workman or between workman and workmen connected with the employment or non-employment, or the terms of employment, or the termination of the services, or the reinstatement in service, of any persons, and for the purpose of this definition "workman" includes a trade union consistingof workman".

2. A "Grievance" is usually interpreted to mean a disagreement ordissatisfaction of a minor form connected with the day to day work or conditions of work or prevailing rules and which has still not become a matter of

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concern to the employees collectively or which is a violation of the terms of employment. The definition is broad and perhaps too simplistic since the word 'grievance' and 'dispute' may be appropriate interchangeably in particular situations.

2.1 What are the Effects of Grievances?

Frustration Alienation De-motivation Slackness Low ProductivityIncrease in Wastage & CostsAbsenteeism IndisciplineLabour unrest 

2.2 Classification of Grievances:

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2.2(1) Grievances resulting from working conditions ,Improper matching of the worker with the job, Changes in schedules or procedures, Non-availability of proper tools, machines and equipment for doing the job, Unreasonably high production standards, Poor working conditions, Bad employer – employee relationship, etc.

2.2 (2) Grievances resulting from management policy Wage payment and job rates. Leave. Overtime. Seniority and Promotional. Transfer. Disciplinary action. Lack of employee development plan. Lack of role clarity. 

2.2 (3) Grievances resulting from personal maladjustment (i) Over – ambition. (ii) Excessive self-esteem or what we better know as ego. (iii) Impractical attitude to life etc. 

2.3 A Survey conducted in SriLanka revealed the following causes leading to employee grievances results

1 Physical facilities2 Violation of collective agreement3 Disciplinary procedures4 Promotion policies5 Performance appraisals6 Tools7 Fatigue

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8 Suitability of the training9 Salary/wages10Transport facilities11Additional work12 Assigning for inappropriate tasks13 Lack of proper orientation14 Family connections..(Nepotism)15 Security of employment16 Transfers 17 Taking decisions not based on precedents18 Negligence of management responsibilities19 Favoritism20 Shift issues21Personality clashes22 Violation of employment contracts23 Unsatisfactory labour management relations24 Leadership style of the immediate supervisor25 Management attitude towards trade unions26 Safety issues27 Inability to perform duties properly28 Stoppage of work29 Sicknesses

2.4 Forms of Grievances: A grievance may take any of the following forms:

2.4.1Factual: When an employee is dissatisfied with his job, for genuine or factual reasons like a breach of terms of employment or any other reasons that are clearly attributed to the management, he is said to have a factual grievance. Thus, factual grievances arise when the legitimate needs are unfulfilled. The problem that he has is real and not virtual

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2.4.2Imaginary: When an employee’s grievance or dissatisfaction is not because of any factual or valid reason but because of wrong perception, wrong attitude or wrong information he has. Such a grievance is called an imaginary grievance. Though it is not the fault of management, the responsibility of dealing with it still rests with the management. So the problem is not real. It is in the mind or just a feeling towards someone or something. So be careful your grievances could be very much imaginary!

2.4.3 Disguised: An employee may have dissatisfaction for reasons that are unknown to himself. This may be because of pressures and frustrations that an employee is feeling from other sources like his personal life. I am sure you will agree that if you have fought at home and come to the institute, you cannot concentrate in the class. Similarly if you have had a bad day in the institute, that will reflect in the mood at home. We are all humans and are sensitive to the environment that we operate in! 

3. If any employee has a Grievance, the procedure should be the following:3. a. He should take it up with his immediate supervisor if there is one;

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3b. A period should be fixed for the supervisor ideally not exceeding 3 days for him to discuss the grievance and attempt to resolve it. If this is not possible, the matter should be referred to the next level i.e.Executive-in-Charge or Line Manager, in the form of a report of thegrievance and the efforts made to resolve the grievance. The Process of inquiry by the Line Manager should not exceed 07 days.

3. c. The executive-in Charge / Line Manager should give an opportunity to the aggrieved employee to put forward his case and after discussion he should attempt to resolve it amicably. If the effort to resolve the grievance fails, he should in turn make a complete report to the HRM Department;

3. d. It is after the matter has been referred to the Human Resource Department that the employee should be permitted to bring in his branch union officials if he is a member of a union and in such case, the union should be permitted to discuss the matter with the Human Resource Manager.

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3. e. The Human Resource Manager/ Personnel Manager should permit the employee and his branch union representatives (ideally not more than 2) to discuss the problem and work out a solution which would be satisfactory to all parties. If the employee and the branch union are not satisfied, the Manager should inform the union representatives to make a written submission stating the position of the employee and why he considers the treatment meted out tohim unfair, so that the matter could be considered by higher management. The Human Resource Manager should attempt to resolve the grievance within a period of 1 month from the date on which it is first reported to him.

Remember

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4. Dispute Settlement Procedure

4.a. In the event of the grievance brought up by the workman being an industrial dispute in terms of definition given above in paragraph 1 or where the dispute is one which is of general application and connected with terms of employment see out in a collective agreement or letters of appointment, the branch union should take such matter up written communication addressed to the Human Resource Manager. The HR Manager should, within a week of receiving such communications, initiate a discussion with the union representatives.

4. b. For the union discussion, the branch union should be permitted to be represented by the President and Secretary and possibly a committee member from the department affected. In appropriate cases, the representation could be greater. However the branch union should indicate who its representatives are before the date of discussion to enable the management to decide theappropriate number and also what steps should be

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taken to cover up the work of the Union representatives concerned.

4. c. The Human Resource Manager should clarify the issues raised and keep the discussion to what is relevant to the dispute. It is important that the discussion is kept on track and that is not used to discuss issues which have not been raised in the communication.4. d. The above rules however should be kept flexible and time limits and formalities should be adapted in the case of emergencies where a quick solution is necessary. In the case of disputes which are not of urgency however, no deviation should be permitted.

4. e. Where the discussion does not yield any results and there is no further point in prolonging or postponing discussion, the Human Resource Manager should make a written report to the higher management regarding the dispute raised with a synopsis of the matters discussed, positions taken and proposals made. He should also make a recommendation with regard to possiblealternative solutions.

4.1. Where the intervention of the Human Resource Manager has not resolved a dispute and a report is received by the higher management, it would be left to the management to decide whether the dispute unresolved or the intervention of the labour department should be sought in terms of the Industrial Dispute Act.

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4.2. Under the Industrial Dispute Act, the Labour Department shall attempt to conciliate and the parties have an opportunity of accepting voluntary arbitration as a possible method of resolving the dispute if the Labour Officer is unable to effect a settlement.

4.3. The Labour Officer may make a recommendation in terms of the Industrial Dispute Act, in which case it is imperative that any party who disagrees with the recommendation should state so in writing within 14 days.

4.4. A compulsory arbitration reference is the prerogative of the Minister and the power is exercised on a report and the Commissioner of Labour regarding the dispute and the efforts made to conciliate.

5. Essentials of a grievance procedure:

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A grievance procedure should incorporate the following features:

5.1. 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.

5.2. 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.

5.3. 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.  5.4. 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

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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.

5.5. Training: In order to ensure effective working of the grievance procedure, 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.

5.6. 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. 

Summary

The complaint should be given a patient hearing by his superior. He should be allowed to express himself completely. The management should be empathetic. The superior should try to get at the root of the problem. It should be remembered that symptoms are not the problems. It should also be noted that if there are symptoms, there would be a problem as well. The management must show it anxiety to remove the grievances of the workers. The workers should feel that the management is

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genuinely interested in solving its problems. If the grievances are real and their causes located, attempts should be made to remove the causes. If the grievances are imaginary or unfounded, attempts should be made to convince the workers. Every grievance must be handled within the reasonable time limit. I am sure you will agree with this. Imagine you have a genuine problem and you share it with the authorities. You will also expect immediate action taken to take care of your problem. All grievances should be put into writing. Some proofs required as well…. Relevant facts about the grievance must be gathered. The management should not haste! Decision taken to redress the grievance of the worker must be communicated to him. Follow up action should be taken to know the response of the forced employee. This is to make sure that he is happy or not! At the end of the day the satisfaction of the aggrieved party is necessary. 

*********************************************Jayadeva de Silva obtained Master’s degree in Science from Russian Friendship University Moscow and Diploma in Personnel Management from National Institute of Business Management( SriLanka). He is a fellow of both the Institute of Personnel Management IPM) and Institute of Training & development.(SLITAD) He is also professionally qualified in training systems & curriculum design with an ILO fellowship.

A strong advocate of Human Talents Development, Jayadeva is the Principal Consultant/Director of Humantalents Unlimited, a professional practice

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that provides training & consultancy in Management. Jayadeva has carried out several consultancy projects and conducted numerous management development programs/strategic planning workshops, and has been trained in many modern management and leadership concepts. He has contributed articles (over 50) and authored the trend setting book ‘Human Talents Management’.

He founded humantalents International and HRSriLanka virtual learning Groups. Jayadeva de Silva functioned as Group Manager (Human Resources Development) of Hayleys Group of Companies and Group Director–Human Resources of Brown & Co. He serves as a resource person for professional and post graduate courses primarily in the areas of HRM & HRD at Post graduate Institute- University of Peradeniya, University of Ruhuna, ICFAI University (India), University of Ballarat (Australia) SriLanka Foundation Institute IPM & SLITAD.

He is a past president of HRDGateway, an International organization of over 45,000 HR Professionals worldwide. He is featured in the millennium registry of SriLankan personalities

He can be contacted as follows

E mail djayadeva@gmail.com 011 2562449 077 7272295

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Web humantalents@yahoogroups.com

Some of his publications are available for fee download from www.slideshare.net/Jayadeva

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