How should employee complaints be handled?

What is the difference between a complaint and a grievance? A complaint or a perceived wrong (whether real or imaginary) is a grievance at a nonunion company. If the company is unionized and there is a collective bargaining agreement with a grievance procedure, a grievance is technically defined to refer to a dispute over:

• the interpretation of a contract;

• application of the contract; or

• compliance with a specific provision of the contract.

A complaint and a grievance may be seen as terms having the same meaning. Or, a complaint might be viewed as of a less serious nature than a grievance. Some authorities use complaint to refer to the initial voicing of the problem, and use grievance to represent its repetition in a formal manner. To the employee or contract party that is dissatisfied, it is the resolution, not the terminology, that is of importance.

To come within the scope of a labor problem, a complaint or grievance must:

• deal with a company-related issue, and

• be concerned with the employee's conditions of employment.

These may or may not be covered by a collective bargaining agreement. If there is a bargaining agreement, this document itself may offer its own definition of grievance.

Handling complaints and grievances. Employee complaints or grievances about company-related employment issues are commonplace and must be handled in a consistent, fair manner.

Whether the nonunion employer uses a formal grievance procedure (mediation or arbitration), a written policy or an informal policy of some type (open door, ombudsman, employee meetings), there is a need at every company for a grievance policy that is known to all levels of managers and supervisors.

Whatever type of dispute resolution procedure you choose, it should:

• resolve disputes in a timely manner

• provide a binding judgment

• involve those who must live with the decision

• be externally defensible, in case the decision is subsequently challenged

• be perceived as being fair overall.

Fairness. When discipline, evaluation and discharge appeals processes are perceived as fair, employees are less likely to sue. Be sure your procedure lets employees know performance and conduct expectations, informs them if those expectations are not met, provides for progressive discipline, considers extenuating circumstances and includes a credible appeal procedure, such as a peer review.