Workplace Grievances

When an employee has a workplace grievance, they can approach their employer informally, or refer the issue to the Fair Work Commission or to a state or territory workplace health and safety authority. Most companies in Australia also offer an avenue for employees to make a formal complaint about a workplace grievance. Such a formal complaint procedure is intended to unbiasedly resolve conflicts between co-workers, employee and employer, or employee and workplace. A formal grievance procedure gives employees an official channel to air disputes before they escalate and potentially lead to physical altercations, resignations, or litigation.

What is a workplace grievance?

Workplace grievances range widely from protests over workplace policies to complaints about workplace amenities or unfair treatment. Still, grievances can be categorised under three main headings: management policies, working conditions, and interpersonal factors.

Management policies

Employees are entitled to file a workplace grievance if management policies violate their contractual rights or their statutory entitlements. Grievances over employee compensation often stem from pay decreases or denial of promised benefits. For example, an employee might lodge a grievance if they feel that they were not paid correctly for their work, did not receive overtime compensation as set out in their contract, or were improperly reimbursed for workplace expenses.

It is important to note that even if a workplace action complies with an official policy or procedure, it may still give rise to a legitimate workplace grievance. For instance, a worker may complain about their performance evaluation, even if it was conducted according to an existing policy. Employees have a right to expect that performance evaluations will be conducted fairly. If the workplace’s official policy allows for unfair performance evaluations, the employee may make a formal grievance complaint about this fact. Similarly, it is possible for an employee to complain if they feel that they were not provided adequate opportunities for training, even if the amount of training is consistent with the policy guidelines.

Working conditions

Companies have a legal responsibility to create and maintain secure workplaces that are equipped with the necessary tools. Failing to provide appropriate conditions violates legal regulations, leaving employers vulnerable to penalties if the conditions are not addressed. Employees can make workplace grievance complaints about inadequate equipment or uncomfortable working conditions (such as excessive noise levels, inadequate lighting, and cramped workspaces). Other workplace conditions, such as health and safety hazards, can also be the cause of employee complaints. Employees should particularly notify their employer when there are violations of Workplace Health and Safety Law, such as poorly maintained machinery, hazardous scaffolding, or cavalier disregard for respiratory or eye protection.

Interpersonal factors

Employees have legal protections, particularly under the Fair Work Act 2009, from discrimination in the workplace based on their gender, race, age, or disability. Employers have a legal responsibility to create an inclusive workplace and foster equal employment opportunity. Workplace bullying, including threats and verbal abuse, is also an area of particular concern that should be a focus for employers. An employee might lodge a complaint about unwelcome behaviour, such as sexual harassment, physical intimation, or verbal abuse, that creates a hostile and intimidating environment. Employers must take such workplace grievances involving discrimination or harassment very seriously.

Submitting a workplace grievance

Employees may decide to submit a formal workplace grievance if they:

• feel that complaining informally has not led to a resolution;
• prefer that the matter is dealt with through a more formal internal process; or
• believe the grievance involves a serious matter, such as whistleblowing or sexual harassment.

A formal grievance complaint should be in writing and written according to instructions in an employee handbook or Workplace Grievance and Complaint Resolution Procedure (WGCRP). A WGCRP is essential to ensure efficiency and fairness for all employees. The Policy should be a comprehensive written document, outlining the processes available to address grievances. It should be written clearly so that it is easily understood by each worker.

Where no such guidance is provided by the employer, the employee should ensure that their grievance letter includes at least the following:

• a brief overview of the grievance, including the date, time and any other relevant details;
• a clear explanation of the grievance, outlining what occurred, who was involved and how it impacted the employee personally;
• any supporting evidence that the employee has, such as messages and emails;
• reference to relevant company policies, codes of conduct or procedures that have been violated; and
• the action or resolution that the employee is seeking from their employer to address the grievance.

Addressing a workplace grievance

Each workplace grievance should be addressed on its merits, with consideration for the well-being of employees and any liability for the company. The employer should take the grievance seriously and undertake at least the following:

• listen to all the parties involved in the matter, making sure the employee feels heard;
• investigate the matter properly and objectively through a workplace investigation to discover the facts;
• act swiftly to address the grievance;
• remain open-minded when considering the grievance;
• follow up to ensure the grievance is properly resolved;
• manage hazards associated with complaints and grievances in the workplace;
• introduce control measures to manage risk; and
• proactively identify unreasonable behaviour and risky situations that are likely to increase grievance complaints.

Employers should respond promptly to workplace grievances in order to provide a safe, fair, and equitable workplace for all employees. Go To Court Lawyers can provide advice on developing a grievance policy or responding to employee complaints. Contact our employment law team on 1300 636 846 for any legal assistance.