Formal grievance: Overview, definition, and example
What is a formal grievance?
A formal grievance is a written complaint made by an employee, student, or other party that involves a perceived violation of rights, policies, or workplace rules. This grievance is typically submitted through an official process outlined by the organization, such as a human resources department or a formal complaints procedure. It often involves a structured process for investigating the issue and resolving the conflict, ensuring that all parties are treated fairly and the matter is addressed according to established rules or regulations.
For example, an employee might file a formal grievance if they believe they have been unfairly disciplined or treated differently based on discriminatory practices.
Why is a formal grievance important?
A formal grievance is important because it provides a clear, structured way for individuals to express their concerns and seek resolution in situations where informal communication has not been effective. It ensures that the complainant’s issue is taken seriously and addressed according to company policies or legal regulations. For organizations, a formal grievance process helps to maintain a fair and consistent approach to resolving disputes, protecting both the complainant and the organization from legal risks.
For businesses or institutions, a formal grievance process helps maintain a healthy work or learning environment by addressing issues promptly, ensuring compliance with laws, and protecting the rights of all parties involved.
Understanding formal grievance through an example
Let’s say an employee feels they have been passed over for a promotion due to age discrimination. After attempting to resolve the issue informally with their supervisor, they decide to file a formal grievance with the company’s HR department. The grievance outlines the nature of the discrimination, provides evidence, and requests a formal investigation. HR will then investigate the complaint and take appropriate action based on company policies and relevant laws.
In another example, a student in a university might file a formal grievance after being accused of academic dishonesty, claiming the investigation process was unfair or biased. The university would follow its established procedure for investigating and addressing student grievances, ensuring the matter is resolved properly and fairly.
An example of a formal grievance clause
Here’s how a clause like this might appear in an employee handbook or policy:
“If an employee believes that they have experienced unfair treatment or a violation of company policies, they have the right to file a formal grievance. The grievance must be submitted in writing to the Human Resources department, detailing the nature of the complaint and any supporting evidence. The company will investigate the grievance promptly and take appropriate action according to company policies and legal requirements.”
Conclusion
A formal grievance is a structured, official complaint submitted by an individual when informal resolution methods have not worked or are unavailable. It provides a formal mechanism to address issues, such as violations of rights or policies, in a fair and regulated way. By having a formal grievance process in place, organizations can ensure that disputes are handled properly, maintaining a healthy environment and protecting all parties involved.
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.