1.9 Grievance Policy & Procedures

Employees of NCU Training have the right to express any grievance about their employment. The purpose of the following grievance procedure is to provide a formal method for an individual member of staff to take up a complaint or concern with management.

The grievance procedure will be followed if an employee feels that he or she has a grievance against the operation or decisions of the company or another employee, which affects his or her ability to perform his or her job satisfactorily.

The grievance procedure aims to enable fair and quick resolution of any problem or grievance an employee may have relating to his or her employment. Management wishes to ensure that all grievances are dealt with without undue delay and at the earliest possible stage of the procedure. It is important to note that in the event of a complaint of bullying, harassment or sexual harassment, the organisation’s dignity at work procedure should be consulted and utilised in place of this policy.

Initially, employees are expected to make efforts to resolve grievances first of all directly with the person/people concerned. The grievance procedure will be used when these efforts are ineffective.

Grievance Procedure – General Points

• Employees may at all stages in this procedure be advised or accompanied by a staff colleague, staff representative(s), trade union representative(s) of their choice, or may elect to have this person or these persons present the complaint on their behalf.
• If the employee is a union member, management will notify the relevant personnel of all meetings at the same time as the employee is informed, unless management is specifically asked not to do so.
• Management will keep a written record of each meeting, which will include details of the employee’s case, the response of management and the outcome of the meeting. The employee will be asked to agree and sign the record of the meeting, after consultation with his or her representative. Copies of the record will be given to everyone who attended the meeting.
• At the end of every stage of the procedure, the employee will be advised by management of the next stage.
• Time limits may be changed at any stage by mutual consent. The date and time of grievance hearing(s) will be agreed between the employee, their chosen representative and management (and, where relevant, the person(s) who are the subject of the grievance).
• The employee and their chosen representative will be allowed adequate time to prepare the employee’s case.
• Every effort will be made to resolve the grievance at each stage.
• The proceedings will remain confidential to the employee, his or her representative, and management.
• No action to change an employee’s terms and conditions of employment will be taken while he or she is following the grievance procedure.
• Copies of correspondence and written records relating to the grievance will be kept in the employee’s personnel file. This information will be destroyed after six months unless management has an important reason not to do so.

Grievance Procedure

Stage 1

The complainant will raise the matter with his or her immediate Manager. The Manager will investigate the grievance and will do his or her best to resolve the matter as soon as possible (within a maximum of ten working days).

or

If the employee’s grievance is with his or her Manager, the employee will raise the issue with an individual on a higher level, if appropriate, who will investigate the grievance and will do his or her best to resolve the matter as soon as possible (within a maximum of ten working days).

Stage 2

If the matter is not resolved, the complaint should be made in writing to the most senior person at an executive level within the organisation. This person should attempt to resolve it within fifteen working days.

Stage 3

If the matter is still unresolved, the complaint should be made in writing to the chairperson of the Disciplinary and Grievance Panel. A hearing of the Disciplinary and Grievance Panel will be held as soon as possible (but not later than 15 working days from the receipt of the formal notification of the grievance from the employee).

Stage 4

Should the matter remain unresolved, a Rights Commissioner will refer it to the Labour Relations Commission for conciliation or a hearing. If still unresolved, it will be referred to the Labour Court for a formal investigation.