Grievance/Victimisations – Questions, Tips, and Initial Advice

Grievance/Victimisations – Questions, Tips, and Initial Advice

Grievance/Victimisations – Questions, Tips, and Initial Advice

Summary

A grievance process provides employees with a pathway to raise concerns about workplace treatment, conduct, or management actions. Victimisation occurs when an employee is treated adversely for exercising workplace rights. These matters may overlap with WHS, bullying, or discrimination issues.

Questions

  • What happened (dates, times, who, witnesses)?
  • Was a report or formal complaint submitted and is there a copy?
  • What steps have been taken and outcomes to date?
  • Proceed informally or formally?
  • Have you read the grievance/misconduct policy?
  • Has there been a string of behaviour which would constitute bullying?

Preliminary Advice

If formal

  • Draft grievance with dates/times, what was said, where, witnesses; attach policy. Be as specific as possible.
  • MSO to review before sending.
  • Try and include what is desired as an outcome (e.g. just to have it on file for future reference, mediation, or action against the offender).
  • Keep an incident diary going forward, but understand raising issues is more effective sooner rather than later.

If informal

  • Ask employer to address informally (mediation).
  • Keep an incident diary; escalate later if needed.

Things to Remember

  • Victimisation for exercising workplace rights is protected (Fair Work Act/General Protections or Industrial Relations Act/Victimisation). The broad concepts are similar.
  • If behaviour is a psychological hazard, consider WHS pathways. A bully is a hazard in the workplace which employers have a duty to remove or minimise.
  • NSW Health has clear policies on how grievances are managed and categorised. Grievances can be tailored specifically to show how it meets a certain category and warrants a certain approach.

Escalation/Referral

  • Industrial Officer: Adverse action/discrimination or external escalation e.g. SafeWork, Anti-discrimination Board, Human Rights Commission
  • Organiser: Groups of members being targeted by a bully or being targeted for being part of the union.

Copy–Paste Email Templates

Formal Grievance (Member to Manager/HR)

Subject: Formal Grievance – [Issue]

Dear [Manager/HR],

I wish to raise a formal grievance regarding [issue]. The incident(s) occurred on [dates/times], involved [names/roles], and were witnessed by [names]. I have attached relevant policies and evidence. Please confirm the next steps in accordance with the grievance policy.

Kind regards,
[Name]
[Role/Worksite]

Informal Resolution/Mediation Request

Subject: Request for Informal Resolution/Mediation

Dear [Manager],

I would like this matter to be addressed informally at first instance. Please advise if mediation can be arranged and the proposed steps, consistent with policy.

Kind regards,
[Name]
[Role]

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