Grievance Case Management

Establish Clear Policies and Procedures

Begin by developing and communicating clear grievance policies and procedures. These should outline how employees can raise grievances, the steps involved in the process, and expected timelines. Kmarc can help to develop those policies and procedures to keep you right.

Reporting the Grievance

Acknowledge Receipt

As Northern Ireland employers are bound by the LRA’s ‘Code of Practice on Disciplinary and Grievance Procedures’, contravention of this code can lead to losing cases in tribunals at Arbitration or Employment Appeal Panels. Grievance case management is the process of systematically handling and resolving employee grievances within an organisation. A grievance refers to an employee's formal complaint or concern about a workplace issue, whether it's related to their employment terms, working conditions, interpersonal conflicts, or other matters. Effective grievance case management is essential for maintaining a positive workplace environment and addressing employee concerns in a fair and transparent manner. We have found the following steps will help keep you on the right track:

Initial Assessment

Review the grievance to determine its nature and complexity. Assess whether the grievance should be resolved informally or if a formal investigation is required. Again, this is where cases are won and lost, what type of issue is it do you have different policies for bullying, harassment, discrimination etc. Is it actually a ‘grievance’ or a complaint. Choosing the wrong path will lead to possibly months or years of lost time, money and effort when you case is overturned at Tribunal, Arbitration or Employment Appeal.

There should be an informal and formal reporting mechanism. When an employee has a grievance, they should follow the established reporting process. This typically involves submitting a written complaint to HR or their supervisor. However, things get confused when this doesn’t happen or your policy doesn’t cover issues at management or board level and invariable cases at Tribunal, Arbitration or Employment Appeal are lost at this stage regardless of the time and effort put into the whole process.

Once the grievance is received, acknowledge it promptly to let the employee know their concern is being taken seriously. Provide information on the next steps.

Informal Resolution (if applicable)

Formal Investigation (if needed)

If the grievance is amenable to an informal resolution, consider methods like mediation or conflict resolution techniques. Encourage the involved parties to communicate and seek a mutually agreeable solution. It will save your organisation time, effort and pain.

For more complex or serious grievances, initiate a formal investigation. Depending on your policy make sure you follow the constitution of the investigatory process and watch out for times, if the policy says investigation should be carried out in 10 working days keep to that. That’s where again Kmarc can add value to your process by making time an important factor.

Gathering Evidence

Collect information, interview relevant parties, and obtain any necessary documentation. Document the evidence carefully and objectively. Another area of failure in cases heard in Tribunal, Arbitration and Employment Appeal Panels.

Disciplinary Action

Record Keeping

Maintain comprehensive records of the entire grievance case management process, including the complaint, investigation, findings, and actions taken.

If the grievance is substantiated, take appropriate remedial action, which may include disciplinary measures, policy changes, or other corrective actions..

Effective grievance case management promotes a healthy workplace environment, fosters trust between employees and management, and helps prevent more significant issues from arising. It is essential for HR professionals to be well-versed in the process and adhere to complex Northern Ireland legal requirements while conducting investigations and handling grievances fairly and transparently.

Kmarc Consultants have vast experience in this area.

How Kmarc Consultancy Can Help You With Employment Relations Issues in Northern Ireland