The human dynamic is complex and managing teams of people can sometimes go off the beaten track due to misunderstandings. There’s no magic formula or concrete rule when it comes to human interactions. Each of us has our own way of looking at the world and as a result our perception is coloured by what social scientists call unconscious bias. These biases are formed by upbringing, education, profession, religion and culture to name but a few. It’s deeply embedded in our psyche and can cause a ripple effect when we engage with other people from different groups.

Now that you have an appreciation of how problems can occur in the workplace, let’s take a closer look at the procedural side of a Personal Grievance (“PG”). 

Who can bring a PG and what are the grounds.

The Employment Relations Act 2000 (“the Act”) defines an employee as any person employed by the employer to do work. This relationship is sealed under what we call a contract for service. The basic premise here being that the employer gives work to someone and that person is paid for their time accordingly. The relationship is very specific and does not include independent contractors or volunteers. So it’s important that this distinction is understood before moving on.

Under section 103 of the Act, an employee can raise a PG if they believe that they have been:

(a)         Unjustifiably dismissed; or

(b)         Disadvantaged by some unjustifiable action by the employer; or

(c)         Discriminated against in their employment; or

(d)         Sexually harassed in their employment; or

(da)       Treated adversely in their employment on the grounds that they are suspected or assumed to be, a person affected by family violence; or

(e)         Racially harassed in their employment; or

(f)          Subjected to duress in their employment by way of membership or non-membership to a union or employees organisation; or

(g)         The employer has failed to comply with a requirement of Part 6A (restructure); or

(h)         Disadvantaged by their employment agreement not being in accordance with section 67C (hours of work), 67D (availability), 67G (cancellation of shifts),                or 67H (secondary employment); or

(i)          The employer has contravened section 67F (employee refuses to do certain work) or 67G(3); or

(j)          The employer has, in relation to the employee,— 

              (i)          engaged in adverse conduct for a prohibited health and safety reason; or

              (ii)         contravened section 92 of the Health and Safety at Work Act 2015 (which prohibits coercion or inducement).

It’s important to note that a PG must be lodged with the Employment Relations Authority (the “ERA”) within 90 days from the date of termination or when the employee first becomes aware of the problem (if the employee is still employed by you).

If the employee fails to lodge the PG within this timeframe then they are required to obtain approval from you and if that is denied, then they must seek permission from the ERA. Such a request will only be considered by the ERA if there are exceptional circumstances that caused the delay.

So you’ve been notified about a PG

There’s no doubting that when you receive a PG that it can be very distressing. It can be difficult to separate emotion out and treat it as a normal business risk. But that’s what you need to do, especially if you want to minimise business disruption and any costs. See it for what it is, another business transaction and start dealing with it the same way.

Step one. Keep the PG strictly confidential and only inform people within your business that need to know. Keep it simple and observe the principle of good faith, that way you don’t create any issues for yourself further down the track.

Step two. Start compiling and collating documents and correspondence that are relevant to the PG. Always work on the premise that more information is better and keep the investigation confined to this space only.    

Step three. Consult with your lawyer straight away. In our experience it’s sometimes easier and far more cost effective to skip straight ahead to the lawyer because our eyes are not tainted by internal politics or ego. The lawyer will review all of the information and documentation that you have gathered and discard any material that is not relevant. The lawyer will also ask you specific questions about the nature of the PG namely how it came into existence. The purpose of this enquiry is to determine the strengths and weaknesses of your case.

Step four. Based on all the information provided to the lawyer he or she will recommend what course of action to take.  

Once you start to plan your strategy, the process itself doesn’t seem that daunting and options slowly begin to appear. So, don’t try to manage the whole process yourself because that would be a bad business decision. Talk to us if you have any questions about PG’s or just want to get a second opinion because we’re here to help.