With clients spanning the length and breadth of the country, we get to spot trends relatively early. One phenomenon we have noticed in recent months is that grievances are becoming more complex. This appears to be caused by the changing threshold definition of what a grievance is in the modern Australian workplace.
While a simpler grievance may normally be able to be solved informally by line management, complex grievances are far more likely to run the distance and could potentially end up at Fair Work.
This means they will use up more time and resources in resolving them – precious commodities in SME businesses – and carry heightened risks to the company.
So what might classify as a complex grievance? And what is the advised approach to addressing it? We will answer both of those questions in this blog article.
What is a complex grievance?
A complex grievance is not a technical term, but rather one which describes a variety of scenarios. These could include, as suggested above, grievances involving harassment or discrimination; but also conflicts between senior people in the business, group grievances and employment law breaches.
What steps should I follow to manage a complex grievance?
As soon as you realise you have a complex grievance on your hands, we would advise reaching out to an HR adviser, like us at The HR Dept.
Not only will this ensure you avoid the many pitfalls which could occur, but you will also free yourself of some of the mental burden and time-intense work that will need to be done. Your chances of resolving it more speedily and without it being escalated to the commission will go up.
With that said, whether you use us or go it alone, you will need to follow a structured grievance process to work towards the best outcome and mitigate risk.
Triage the grievance
It sounds obvious but make sure you know what you are dealing with. Is there any additional background to the case, such as a simultaneous disciplinary process being carried out? How wide is the scope? We’ll assume there is not an informal way forward to explore first, as we are considering complex grievances here. Do you have adequate resources to deal with it?
Acknowledge the grievance
Under Fair Work you need to handle the grievance promptly so make sure you provide a written acknowledgement without undue delay once it is received. Arrange a meeting so that you fully understand the nature of the grievance.
Carry out an investigation
You’ll need to organise a thorough fact-finding mission to determine your stance. It is important that the person investigating is genuinely impartial. They should provide a report together with any witness statements. This is one of the areas where bringing an outside expert in can be particularly valuable.
Hold a grievance meeting
Once the investigation report is completed, you will need to assess it and prepare for the grievance meeting. Invite the employee providing all the evidence and investigation report and give them the right to be accompanied. In the hearing, discuss the findings and their reaction. What outcome do they seek?
Make your decision
You should now be in a position to make your decision based on all the work done to date. It is essential that you reference any company policy and relevant employment law. Explain this in writing to the relevant parties including, if you are upholding the grievance, any follow-on actions.
Help with grievances
As we have emphasised, once a complex grievance has been identified, professional help is advised. Please do get in touch with us at The HR Dept. Our knowledge and experience can be invaluable to SME businesses needing to deal with a grievance for which they feel out of their depth.