NNNGO Dispute Resolution Policy
NNNGO Dispute Resolution Policy
Employee disputes are best resolved informally directly between an employee and the supervisor. However,
NNNGO recognizes that there are situations when a formal process may be beneficial and additional
perspectives may be needed to review a dispute. Successful resolution of a dispute requires an open
and honest exchange of information, a willingness to see a situation from a different perspective,
an appreciation for the challenges and expectations of the jobs of both the employee and the manager,
appropriate use of flexibility and an understanding of the business needs of the organisation.
The purpose of this policy is to provide an opportunity for NNNGO employees to internally resolve disputes
arising out of issues concerning the Progressive Discipline Policy (including end of employment) or other
policies. This policy does not include concerns regarding performance feedback or a written performance
review. Employees utilizing this process in good faith will be protected from any retaliatory actions,
such as reprimands or harassment.
The goal of the dispute resolution process is to exchange and review information in order to determine
whether revision or rescission is warranted of discipline, end of employment or other application of
policy. The first step in the dispute resolution process is a meeting between the employee and immediate
supervisor to determine if they can resolve the issue. In the event the employee and the supervisor are
not able to resolve the dispute, the employee has the option to request a meeting with Human Resources
to facilitate a conversation with the employee and the supervisor. There may be circumstances where HR
is able to assist the employee and manager in finding a resolution, before additional levels of management
are involved. The process may then continue, as needed, to a departmental review and a panel review.
The dispute resolution process is also available if an employee believes there was a procedural flaw related
to a Performance Accountability and Commitment Plan. A procedural flaw relates to process, not content of the
plan (performance expectations and examples) or feedback from the supervisor. Examples of a procedural flaw
would include if an employee received the written performance plan by e-mail and the manager did not have a
conversation with the employee or if the written performance plan did not include the areas of performance
that need improvement.
Topics such as the content of the plan (the examples and expectations) and feedback from the supervisor are
addressed in the Performance Accountability and Commitment Policy and are not subject to the dispute resolution
process.
The dispute resolution process provides opportunities for the exchange of information between the concerned
employee and members of management. The process will include in-person meetings and a review of any related
documentation to ensure a full understanding of the facts and circumstances and to provide clarification on
any issues. As appropriate, written decisions will be provided at the conclusion of the steps for departmental
review and panel review.
If there are allegations of a violation of the Equal Opportunity and Affirmative Action Policy, Anti-Harassment
Policy, or retaliation, the employee should contact the HR department. If allegations of this nature should
arise at any point during the dispute resolution process, the process will be placed on hold while HR reviews
the allegations.
Employees utilizing this process may not be represented by an attorney at any of the internal proceedings nor
may a recording device be utilized.
All employees (except temporary) who have completed their initial orientation period are eligible to use
the Dispute Resolution Process. It may be used to appeal actions involving formal disciplinary written
warnings, final warnings, suspensions and termination of employment. The process may not be used to
challenge verbal disciplinary warnings, coaching actions, performance feedback or performance review
related concerns. Participants who are disruptive of the process (e.g., using threatening behavior) or
refuse to abide by the guidelines established in the policy will forfeit their opportunity to participate
in the internal process.
Failure of the department to meet time limits will move the dispute resolution
to the next step of the process. However, if the employee fails to meet the time limits established for
a response, the dispute will be considered resolved and the Dispute Resolution Process will be terminated.
Time limits may be extended by mutual agreement. It is understood that work-related travel commitments or
other significant personal or work-related needs or commitments may justify or necessitate
extending deadlines.
Step 1 – Discussion with Supervisor
Employees are always encouraged to address their concerns directly with their immediate supervisor.
The first step in the dispute process is a discussion between the employee and the supervisor.
This in-person conversation should include a review of the facts and any relevant policies or
documents. As appropriate, the employee and supervisor should bring copies of related documents
so they can be reviewed during the meeting.
Employees who intend to utilize this process must do so by notifying their supervisor within seven (7)
calendar days of the action that gave rise to the dispute. The conversation between the supervisor and
the employee should include the issue being disputed and the desired outcome of the dispute process.
If the discussion does not result in a satisfactory resolution, the employee may contact their Human
Resources Consultant (HR Consultant) regarding continuing the Dispute Resolution Process. The employee
must provide written notice within seven (7) calendar days of meeting with the supervisor, where the
dispute was not resolved. The written notice should include a summary of the concern, any related
documents and the outcome desired by the employee. When possible, this written notice should be an
e-mail to the HR Consultant with the documents attached. If an e-mail is not possible, a written
notice with attachments may be delivered to the Office of Human Resources. The form or completeness
of the submission will not be used as a justification for ending the dispute resolution process.
Optional Step – Facilitated Conversation with Human Resources
This optional step is available to employees to provide an opportunity for the employee and the supervisor
to meet together with a Human Resources professional and attempt to resolve the dispute. As with every step
of the process, an open exchange of information is critical for success. A Human Resources professional may
be able to help both the employee and the manager to express their thoughts, concerns and willingness to find
a resolution.
If resolution is not reached during this step, the employee may proceed to Departmental Review. The employee
must notify the HR Consultant in writing or by email within seven (7) calendar days of the facilitated
conversation meeting of their request to proceed to Departmental Review. The HR Consultant will inform
the employee in writing of the next deadline.
Step 2 – Departmental Review
In the Departmental Review step, the employee meets with an appropriate administrator who will review the concern. The HR Consultant will notify the appropriate administrator and schedule a meeting at the earliest possible opportunity. The administrator will meet with the employee, review their concerns, and within seven (7) calendar days of the meeting provide the employee and HR Consultant with a written decision. If the employee does not consider the issue to be satisfactorily resolved after Departmental Review, they should notify the HR Consultant in writing within seven (7) calendar days of the receipt of the administrator’s decision indicating they want to continue to Panel Review.
Step 3 – Panel Review
A Panel Review is a review process where the employee’s concerns and the departmental actions are heard
by a panel of three NNNGO leaders selected from a list maintained in the Office of Human Resources. An
in-person meeting is conducted with the three panelists, the employee and appropriate member(s) of the
management team.
The panelists must objectively review disputes after receiving training in the dispute resolution process.
Every effort is made to ensure that the panelists are not closely associated with the employee or with the
department. Both the employee member and the department have the right to request and receive a substitute
for one of the panelists. Neither the employee nor the department is required to give a reason for
requesting the substitution. The Panel will review the information and make recommendations to the
secretariat or their designee for final disposition. After review by the Panel, a recommendation will
be made within seven (7) calendar days to the Secretariat or their designee for a final decision.
Human Resources will facilitate this process. An employee utilizing this process may bring one person
currently employed by NNNGO to the hearing to provide support. Both the department and the affected
employee may have witnesses. Witnesses must be current or former employee with direct knowledge of the
issues in dispute. If there was an allegation of the Equal Opportunity and Affirmative Action Policy,
Anti-Harassment Policy or retaliation, the ED will be requested to appear at the hearing.
- Have three years of experience in dispute resolution process;
- Be in good standing (employee should not have been placed on either performance or disciplinary actions within the past two years);
- Be recommended by the secretariat or their designee; and,
- Successfully complete the training on the Dispute Resolution Process.
This policy is intended as a guideline to assist in the consistent and fair application of NNNGO policies and programs for employees. The policy does not create a contract implied or expressed, with any NNNGO employee, who are employees at will. NNNGO reserves the right to modify this policy in whole or in part, at any time, at the discretion of the organisation.