Deviation from grievance procedure: Overview, definition, and example
What is deviation from grievance procedure?
Deviation from grievance procedure refers to the failure to follow the established steps or guidelines in resolving a complaint or dispute, usually within a workplace or organizational setting. A grievance procedure is a formal process set up by an organization to address and resolve issues raised by employees or members. Deviation occurs when any part of this process—such as timelines, required actions, or the order of steps—is skipped, altered, or not followed as intended.
For example, if an employee files a grievance about unfair treatment, and the company skips the required mediation step to move directly to disciplinary action, that would be considered a deviation from the grievance procedure.
Why is deviation from grievance procedure important?
Deviation from the grievance procedure is important because it can undermine the fairness and transparency of the dispute resolution process. Grievance procedures are designed to ensure that complaints are handled systematically and that all parties have the opportunity to be heard. When the procedure is not followed, it can lead to unfair outcomes, employee dissatisfaction, legal challenges, or even violations of labor laws. Adhering to the proper process helps maintain trust, fairness, and legal compliance within the organization.
For businesses, ensuring that the grievance procedure is followed properly reduces the risk of legal claims, promotes a positive work environment, and supports employee relations. For employees, knowing that the grievance procedure will be followed ensures they are treated fairly and that their concerns are taken seriously.
Understanding deviation from grievance procedure through an example
Imagine an employee raises a concern about harassment at work. According to the company’s grievance procedure, the first step is to report the issue to a designated HR representative, who will then conduct a preliminary investigation and attempt to mediate a resolution. However, the HR representative bypasses this step and immediately begins a formal disciplinary action against the alleged harasser without investigating the issue properly. This would be a deviation from the grievance procedure.
In another example, an employee files a grievance, and the company is required to respond within 14 days. The company fails to provide a response within this time frame, constituting a deviation from the established procedure.
An example of a deviation from grievance procedure clause in a contract
Here’s how a deviation from grievance procedure clause might appear in an employee handbook or workplace policy:
“Both the Employer and the Employee agree to follow the grievance procedure outlined in this policy. Any deviation from the procedure, including skipping required steps or failing to adhere to timelines, may result in the grievance being considered invalid, and further actions may be subject to review.”
Conclusion
Deviation from grievance procedure refers to failing to follow the established steps for handling complaints or disputes. This is a significant issue because it can undermine fairness, lead to legal risks, and create dissatisfaction among employees. For businesses, ensuring compliance with grievance procedures helps maintain a fair and transparent process, promotes trust, and reduces the likelihood of legal or reputational issues. For employees, knowing that the procedure will be followed helps ensure that their grievances are addressed in a timely and equitable manner.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.