The importance of effective grievance handling was reiterated earlier this year when an Adjudication Officer at the Workplace Relations Commission awarded €52,000 to the father of a Down Syndrome child. It was held that when he sought scheduling arrangements to enable him to care for his daughter, the employer ‘simply fobbed him off in the most unacceptable manner’. However, had the employer made his position clear to the complainant, then ‘other arrangements to care for his daughter’ could have been made’.

Grievances are inherent to the workplace. Consequently, managers must be alert to the importance of effective grievance handling and to the positive contribution that it can make to good employee relations. Poor grievance handling leads to low morale and output, high labour turnover and absenteeism and the loss of mutual confidence and trust at the workplace.

This was officially acknowledged in 2000 when the State issued a Code of Practice on Grievance and Disciplinary Procedures in the interests of ‘good practice’. The Code’s instruction – which is admissible in evidence in court hearings – is that employee grievances be ‘fairly examined and processed’.

In 2011 this advice was reflected in the Labour Court’s assessment of retail company Tesco plc’s procedure that:

‘The purpose of any grievance procedure is to provide employees with an expeditious means of resolving employment related difficulties. Inordinate delay in activating the procedures, such as occurred in this case, can defeat the effectiveness of the process and undermine the employee confidence in its impartiality.’

This prescription is in line with a series of previous determinations by State adjudication bodies, which have also been quick to point out that ‘sauce for the goose is sauce for the gander’. For example, in 2007 the Employment Appeals Tribunal held that clinical psychologist, Dr. Mark Harrold failed in his claim for constructive dismissal against St Michael’s House due to a ‘consistent pattern of lack of engagement by the claimant with the respondent’s grievance procedures’. Likewise, the Tribunal previously held that a department store buyer with Primark had lost her claim for constructive dismissal as she didn’t make a genuine attempt to utilise the company’s grievance procedures before resigning.

For employers, the bottom line is that if one repeatedly fails to address grievances, you lose staff and you may well lose the respect and commitment of those who stay on. Indeed you may ultimately end up before a third party, with all of the associated costs and nightmare public relations implications. The grievance process is the all-important ’safety-valve’ for releasing the tensions and pressures that build up at the workplace. Such a process is even more important in non-union firms, where employees may have less internal support in the processing of issues. Indeed, in such circumstances there is evidence that many larger non-union establishments place considerable emphasis on the rapid and effective handling of employee grievances (e.g. via the ‘open door policy’).

Objective of the Grievance Interview

The first objective of the grievance interview is to learn from the interviewee the true nature of their grievance. The apparent grievance may not be the real one. If there really is a problem, agreement should be reached on a solution which both parties can deliver on. If this is not possible, the first meeting may need to ensure that the grievance is progressed to the next stage in the procedure as expeditiously as possible. So to get the best out of the procedure, it is advisable that interviewers adhere to the following recommendations, which are categorised into the BEFORE, DURING and AFTER stages of the interview:

Before the Grievance Interview

1. As many grievances are resolved informally, an informal meeting or preliminary chat or interview, without employee representation, may well be worth the effort. If it fails, one can resort to the appropriate first stage of the grievance procedure.
2. As an interviewer one has less control over the timing of a grievance interview than almost any other kind of interview. When the grievance is brought to one’s attention, one must decide whether it can be dealt with immediately. If one defers it for a short while, the angry interviewee may cool down. However, a long delay may well lead to further frustration. This can result in the employee seeking satisfaction through the union, from a higher level of management or via a legal advisor. So it is recommended that, if at all possible, one should listen to the employee’s grievance there and then. However, unless the route to resolution is blatantly obvious, don’t answer it on the spot. You need time to reflect, investigate and decide what to do about it. Agree a time for reporting back and adhere to that commitment.
3. Be clear about your authority in relation to possible solutions. What are you empowered to give or concede? Consult other people as necessary and check out the feasibility of the possible solutions. Will you establish a precedent via a concession? Are there others with a similar grievance? How do any of the possible solutions fit with organisational policy? The experience of the Human Resources Dept. should be invaluable in informing you on these matters.
4. If you have the opportunity to plan the course of the interview, do so. Concentrate on reviewing what you already know or surmise about the nature of the grievance, and consider ways in which you can draw out further information during the interview itself.
5. Allow adequate time for the meeting. Given the potential impact on the individual’s morale and their preparedness to bring it to your attention, it is worth taking the time to hear what they have to say.
6. Get the climate and physical setting right. Prohibit interruptions and distractions. Organise the seating arrangements. Avoid the physical and psychological (desk) barrier if possible. Prepare for notetaking and to deploy counselling, problem solving and negotiation skills as required.

During the Grievance Interview

1. Outline the purpose and structure of the interview, and clear the (discreet) notetaking.
2. Be careful to focus on the problem and the solutions, not the personality.
3. By asking appropriate open (e.g. why? what? how?) and probing questions (e.g. who? when?), you can direct the discussion to the most relevant issues. A fair decision can only be based upon a fair assessment of all the facts. Minimise the use of closed ended questions - as they don’t encourage people to open up. However they are useful for dealing with evasiveness and omissions. Whilst leading questions (e.g. aren’t you an honest woman?), and multiple questions, tend to serve little purpose. In short, effective questioning can unearth the ’real’ grievance, as opposed to the stated one and may well allow you to differentiate between the causes and the symptoms.
4. Maintain eye contact and give appropriate positive feedback (verbally and non-verbally), to show your interest in the interviewee and to encourage him/her to talk (and open up). It is wiser to try and establish all of the facts at this stage, than to have them thrust at you in a more adversarial setting like the Workplace Relations Commission or the Labour Court.
5. Clarifying and reflecting are useful techniques for getting the interviewee to elaborate and to think twice about what they have just said (n.b. ’reflecting’ merely entails repeating the interviewee’s comment in a questioning tone, carrying the implicit request that they elaborate on the point).
6. Listen. The atmosphere at grievance interviews can be charged with emotion. The pressure for it may have built up over a long time and it is upon you that the employee has chosen to vent their feelings. The emotions can range from annoyance, anger, frustration and exasperation to despair. As the H.R. or line management representative you may have to face shouting, abuse or even tears! However, it’s unlikely that one can resolve the problem until the emotions have subsided. Encourage the interviewee to say what’s on their mind, whilst showing sincere concern about their grievance\dissatisfaction. You may not agree with what they have to say, but it is important that you understand the facts and the feelings associated with the issue. Don’t underestimate the therapeutic value of letting them ’get it off their chest’. In some instances this alone will resolve the grievance.
7. Responding impulsively or prejudging the issue without having the full facts is dangerous. One should adjourn the meeting to enable the matter to be checked out thoroughly (e.g. are there any precedents? Is there any knock-on potential of conceding their preferred solution to the grievance?). At the end of this initial meeting, summarise the facts and the action you’ll take and get back to the employee as quickly as possible.
8. When you’ve heard everything that the interviewee wishes to say, summarise the key points of the grievance to their satisfaction. Now they know that you’ve been listening, and you know that you have all of the relevant facts, allowing you to proceed to the ’solution’ stage. You cannot attempt solutions until the problem has been clearly defined and agreed by both parties. It can also be helpful to get the interviewee to suggest his/her own solution(s) to the problem.
9. At the reconvened or first formal meeting, reiterate the facts of the matter and the common ground (e.g. ‘we agree that …’). By focusing initially on what you agree upon, the points of contention can be isolated. Discuss these points and the possible solutions. It is best to adopt a process of elimination, starting with the ’worst’ solution and moving to the ’best’. With some grievances (e.g. pertaining to workloads, rostering, duties, promotions), it is highly likely that you will have to state and explain the organisation’s position and the constraints associated with meeting the employee’s request. Don’t be afraid to do this, but invite the employee to question and comment upon it. Ensure that you understand each other’s point of view. Though your position may not be accepted, it should be understood.
10. If the final outcome is a negative one, the next stages in the procedure should be outlined. Your decision should be definite, detailed and clear. Explain and justify your considered decision and the context and constraints within which it has been taken. It’s very important to try and explain the reasons for your decision, as it may make it more acceptable to the interviewee and spare one’s own line manager – who is probably the next port of call in the grievance procedure’s stage 2 - the trouble of having to repeat it.

After the Grievance Interview

1. Write up the record of the interview. This is especially important if it is to be appealed to the next stage. The information that you record can also help to provide H.R. and management colleagues with useful data on trends and the effectiveness of policies and procedures. In most instances, this will include personal data, such as the name of the aggrieved party and the nature of their grievance. However, if it is the resolution of a bullying or harassment complaint via the informal route, the organisation’s policy may require that the nature of the incident(s) be processed, but preclude the recording of personal data (e.g. the parties’ names).
2. If you are able to meet the interviewee’s request, do so and let them know as soon as possible. However, you should ensure that the settlement fully addresses and resolves the matter, as opposed to placing a ’band-aid’ over a sore spot which is likely to fester again.
3. If necessary, ensure that the next stage of the procedure is activated.