NNNGO Grievance Procedure Policy
We define grievance as any complaint, problem or concern of an employee regarding their workplace, job or coworker relationships. Employees can file grievances for any of the following reasons:
- Workplace harassment
- Health and safety
- Supervisor behavior
- Adverse changes in employment conditions
File a grievance form explaining the situation in detail
Refuse to attend formal meetings on their own
Appeal on any formal decision
Employees who face allegation have the right to:
Receive a copy of the allegations against them
Respond to the allegations
Appeal on any formal decision
The organisation is obliged to:
Have a formal grievance procedure in place
Communicate the procedure
Investigate all grievances promptly
Treat all employees who file grievances equally
Preserve confidentiality at any stage of the process
Resolve all grievances when possible
Respect its no-retaliation policy when employees file grievances with the organisation or external agencies (e.g. equal employment opportunity committee)
Employees are encouraged to talk to each other to resolve their problems. When this isn’t possible, employees should know how to file a grievance:
- Communicate informally with their direct supervisor. The supervisor will try to resolve the problem. When employees want to complain about their supervisor, they should first try to discuss the matter and resolve it between them. In that case, they’re advised to request an informal meeting. Supervisors should try to resolve any grievance as quickly as possible. When they’re unable to do so, they should refer to the HR department and cooperate withall other procedures.
- If the grievance relates to a supervisor behavior that can bring disciplinary action (e.g. sexual harassment or violence), employees should refer directly to the HR department or the next level supervisor.
- Accommodate the procedure outlined below
- Ask employee to fill out a grievance form
- Talk with the employee to ensure the matter is understood completely
- Provide the employee who faces allegations with a copy of the grievance
- Organize mediation procedures (e.g. arranging a formal meeting)
- Investigate the matter or ask the help of an investigator when needed
- Keep employees informed throughout the process
- Communicate the formal decision to all employees involved
- Take actions to ensure the formal decision is adhered to
- Deal with appeals by gathering more information and investigating further
- Keep accurate records
- All parties may consult with and receive the assistance of their department personnel offices or the Division of Human Resource Management in resolving a grievance. Division of Human Resource Management can be reached on 0802 836 7748.
- A formal grievance must be filed within 20 working days following origin of the grievance or the date an employee who feels aggrieved learns of the problem unless it is related to a contested report on performance. Every effort should be made to resolve the grievance by informal discussion during this 20-day period.
- If a grievance relates to a contested report on performance, an employee must file a grievance identifying the points of contention within 10 working days after:
- When a formal grievance is filed, all the information requested on the form must be provided. The description of the grievance should include the names of other persons involved in the act, omission or occurrence.
- The normal course of action in the grievance procedure is as follows:
- Following receipt of notification of action at steps 1-3, the grievant has 10 working days to refer the grievance to the next step unless the time limit is extended by agreement of the parties. A grievance may be submitted to the next level if the grievant has not received notification within the 10-working day period in which such action is required. The respondent, at each step, retains the documentation received from the grievant. The grievant is responsible for maintaining copies of the documentation he or she provided for his or her records and for filing at the next step in the grievance procedure, including attaching all previous responses when submitting the grievance to the next step.
The HR department (or any appropriate person in the absence of an HR department) should follow the procedure below:
THIS FORM MUST BE COMPLETELY FILLED OUT
|Name of Grievant (Please Print):
Date of Hire:
Send documents to external representative
|Home Mailing Address:
Street or P.O. Box:
|Work Mailing Address:
Street or P.O. Box:
|Date, time and place of event leading to grievance:||Date you became aware of the event, (if different):|
|Detailed description of grievance including names of other persons involved, if any:|
|Applicable sections (Grievant must identify all statutes/regulations pertinent to this grievance if submitted to Employee-Management Committee. If none, please so indicate.):|
|Proposed solution to grievance:|
|Grievant: File a copy of this form with your immediate supervisor and retain a copy for filing at the next step or steps (see instructions on page 4 for a description of who to file with for steps 1 through 4) if necessary. If you do not receive a response within 10 working days or disagree with the action taken, you may file a copy of the grievance at the next step.|
|Step||Grievance Filed With (Please Print Name)||Date||Grievant's Signature||Date|
|A grievance is defined as an act, omission or occurrence which a permanent classified employee feels constitutes an injustice and can be established on factual information. It may relate to any condition arising out of the relationship between an employer and an employee, including but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement. It does not include position allocation, involuntary transfers, dismissals, demotions, or suspensions. The grievance procedure and statements made on this form do not include all the rights available to a grievant. Consequently, NNNGO Grievance Procedure Policy, which provide direction for the adjustment of grievances, should be reviewed prior to the filing of a grievance.|
-- The date the employee receives a decision regarding a review conducted by the appointing authority; or
-- The employee fails to receive a decision by the response due date regarding a review conducted by the appointing authority.
Step 1: File with Immediate Supervisor - If not resolved within 10 working days, take next step.
Step 2: File with Division Head - If not resolved within 10 working days, take next step.
Step 3: File with Department Head - If not resolved within 10 working days, take next step.
Step 4: File with Employee-Management Committee - Within 45 working days of receipt of the request, the EMC will render a decision or schedule a hearing and then render a decision.
Resolution conference: After a grievance has been submitted at Step 4, either the grievant or the agency may choose to request a resolution conference; if requested, participation is mandatory. A resolution conference is an informal meeting between the parties with the assistance of a neutral facilitator, provided by the Division of Human Resource Management, who is not affiliated with either of the parties. The resolution conference option provides an additional opportunity for a grievance issue to be discussed and for possible solutions to be considered. If the Employee- Management Committee has notified the parties of consideration of the date on which it will hold a hearing to consider the grievance, the request for a resolution conference may not be submitted less than 15 working days before that date.