Employer grievance: Overview, definition, and example
What is an employer grievance?
An employer grievance refers to a formal complaint or concern raised by an employer regarding an employee's behavior, actions, or performance that is perceived to violate company policies, affect the workplace environment, or hinder business operations. It is the reverse of an employee grievance, where the employer seeks resolution over issues such as an employee’s failure to meet expectations, misconduct, or any violation of the terms of employment. Employer grievances typically involve a structured process to ensure that the complaint is handled in a fair and lawful manner, providing a platform for resolving disputes and addressing issues that may arise between an employer and an employee.
Why is an employer grievance important?
An employer grievance is important because it helps organizations address problems that could impact workplace efficiency, morale, and productivity. By formally addressing grievances, employers can prevent issues from escalating into larger conflicts that could harm the company's reputation, result in legal disputes, or reduce team effectiveness. It also provides a formal mechanism to enforce company policies, ensure compliance with work standards, and uphold organizational culture. Employer grievances are a tool for ensuring accountability, maintaining fairness, and ensuring that business operations run smoothly and effectively.
Understanding employer grievance through an example
Imagine a company where an employee consistently arrives late to work, fails to meet project deadlines, and has a negative impact on team morale. The employer, after giving verbal warnings and written notices, decides to file a formal employer grievance, citing a breach of the company’s attendance policy and failure to meet job performance standards. The employer may then initiate a formal grievance process that may involve an investigation, a meeting with the employee, and, if necessary, disciplinary action, such as suspension or termination.
In another example, an employer may raise a grievance if an employee repeatedly disregards workplace safety protocols, putting themselves and others at risk. The employer could file a formal grievance, citing the violation of safety regulations and the potential risks to the workforce. The grievance would trigger a review process, where the employer addresses the safety concerns and ensures the employee understands the importance of compliance.
Example of an employer grievance clause
Here’s how an employer grievance clause might appear in an employee handbook or employment agreement:
“If an employee is found to be in violation of company policies, performance expectations, or conduct standards, the Employer may file an employer grievance. This grievance will be documented and reviewed in accordance with the company’s grievance procedure. The employee will be notified of the grievance and given the opportunity to respond before any formal disciplinary action is taken. All grievances will be handled fairly, promptly, and in accordance with applicable labor laws.”
Conclusion
An employer grievance is an important part of an organization’s conflict resolution and performance management process. It provides a formalized way for employers to address issues with employees that affect workplace behavior, performance, or compliance with company policies. By following a clear process, employers can ensure that grievances are handled fairly and professionally, minimizing the risk of further disputes or legal challenges. For both employers and employees, understanding the grievance process is essential for maintaining a productive, respectful, and legally compliant workplace.
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.