Ever had a team member come into your office, sit down, then proceed to unburden you with all their frustrations? You listen, you advise, they leave, and you think “job well done”, I’ve solved that problem.
And then…..… a month later……. the Personal Grievance arrives!
What may have seemed like an off the record chat to you, may have been an attempt to make a formal complaint or act as a whistleblower. This can catch you out when they raise a PG stating you were aware of the concerns, but didn’t act. Particularly in cases of alleged bullying as you have not only your employment obligations, but a duty of care to provide a safe workplace as well. This can be an expensive mistake!
We have seen a noticeable increase in Personal Grievances in the past year. Some come as a complete surprise, but often it is an issue the business knew about in some capacity.
Listening to your teams’ frustrations is an essential part of leadership – so how do you navigate this to be supportive, resolve problems AND mitigate future risk?
- A “Complain.”
It is usual for team members to speak to their managers when they have concerns or frustrations about something (or someone) in the business. If one of your team comes to you to complain it is important to ask them the question “are you making a formal complaint?” You may have to explain what this means for them and double check, are they wanting you to get involved or are they looking for advice, or are they just venting? Note this. If it’s advice they are after, also make a note of this or follow up with an email along with the advice you provided. Check in again after a few weeks to make sure the issue is resolved and note that it is. We all want a happy productive workplace, so helping to resolve issues early is good for business and keeping a note of this will help if things go further.
- A “Complaint.”
This is the stage where your team member wants the concern investigated and some action taken. In this instance you should do some initial enquiries and double check your complaint policy. Most will contain a first stage of early resolution to try and find possible solutions and this should be your first option. If you feel there is potential misconduct (or serious misconduct), then a formal investigation should be initiated. For serious allegations against another team member, consider using an independent investigator to ensure the process isn’t biased. At this stage it is important to be thorough, fair and transparent, so you can resolve things without them going further.
- A Personal Grievance
A PG is the legal mechanism for employees to resolve issues with their employers. Usually at this stage an employee advocate or employment lawyer is involved, and you will receive a letter stating the allegations and details of this. Often this is accompanied by a timeframe to respond, a request to attend mediation or a dollar figure they are seeking.
Firstly, don’t panic, – you don’t have to respond by whatever deadline they have set!
An email noting receipt of the PG and advising a date when you will respond is fine. This gives you time to take a breath, understand the concerns properly and seek advice if required. PG’s have a 90-day time limit to be raised after the allegation or action occurred (unless it’s for sexual harassment), so check this carefully. If it is outside this time limit you can refuse consent to the grievance being raised. There is also a clear list of when a PG’s can be raised (Personal Grievances). Check this carefully as you can decline the PG if it sits outside these reasons and treat it as a formal complaint instead.
If it fits these two criteria, we suggest taking your time to consider things properly and get advice if required. A well-considered response from the beginning, balancing risk, costs and time is important towards reaching an outcome that is satisfactory for everyone involved.
We know that PG’s or formal complaints can be frustrating, time consuming and costly, but they also can be an opportunity to understand what’s not working in your business and make things better for the future.
“Opportunities are where the complaints are.”
Jack Ma.
If you need help navigating an employment issue and wish to discuss, call us now on 09 445 1077. With over 30 years in this complex space, we can help.