SUBJECT: Dispute Resolution and Formal
PURPOSE: To provide a procedure whereby
an employee or terminated employee, who feels wronged may seek redress.
POLICY: It is the policy of Employer
ABC that any employee who has a complaint against the employer may file a
grievance when there has been a violation of policy, procedure, regulation, or
law.The employee will receive timely
and thorough consideration of any grievance.Each employee will not be subject to interference, coercion, discrimination
and reprisal in filing grievances.
2.Grievance by Terminated Employee
will assist any employee in understanding the grievance procedure.The Notice Of
Grievance must be completed when submitting an official grievance.Human Resources will act as a neutral and
investigative agent and provide advice to the employee and/or the department
A grievance must
provide a clear and concise statement of the grievance and outline which
policy, procedure, regulation, or law has been violated, the date of the
violation or incident and the remedy the complainant is seeking.
2.Grievance by Terminated Employee
may file a grievance only when claiming a violation of civil rights or an
illegal activity.This grievance must be
submitted in writing to the Director of Human Resources within working days of termination.
The following steps are to be followed
in all grievances:
·An employee discussed the issue with
his/her immediate supervisor within working days from the date of the actions or
conditions leading to the grievance.The
employee and supervisor should then establish a dispute resolution plan within working days.
·Step One is an
initial dispute resolution phase.This
step should be an interest-based, collaborative problem-solving process between
the employee and supervisor.
·During the dispute resolutions process,
the following should occur:
(1)Understand the issue that needs to be
addressed and the interests of all participants.
(2)Define the problem in terms of the
interests of all parties concerned.
(3)Generate ways to solve the problem that
will meet all interests.
(4)Evaluate the options and how they will
meet all participants' interests.
(5)Develop a plan to implement a
solution.The plan should outline how to
solve the problem, assign responsibilities, and provide mechanisms for dealing
with future problems.
·In the case of a discriminatory
race, sex, religion, disability, or other criteria prohibited by law), the
employee may discuss the problem with the Director of Human Resources.
If a resolution is not reached in Step
One, the employee may put his/her grievance in writing and submit it to the
Director of Human Resources within working days after Step One.An investigation will be conducted within working days of the written appeal and a
written response issued within working days thereafter.
The complainant may appeal to the
Director of Human Resources in writing within working days completing Step Two.The Vice President of Human Resources will
determine if the appeal will be permitted.If the appeal is permitted, a meeting will be arranged within working days with the appropriate Vice
President to adjudicate the appeal.The
complainant will be provided with a written response within working days of this meeting.The Vice President's decision is final and
STEP FOUR - OPTIONAL
In cases involving alleged civil rights
violations and/or illegal acts, an appeal can be made to the CEO by notifying
in writing within working days after Step Three.The CEO will determine if the appeal will be
permitted.A written answer will be
given to the complainant within )
working days following this determination.The CEO's answer will be final and binding.
·The Director of Human Resources may
extend deadlines.Requests for extension
must be submitted in writing at least one (1) day before the deadline and must
include the reason for the request.
·If a complaint is directed against a
Vice President or the Director of Human Resources, his/her function(s) will
transfer to the CEO.
·If a complainant seeks resolution in
any other forum, whether administrative or judicial, the Employer shall have no
obligation to proceed further with the complaint pursuant to this complaint
·The complainant and the respondent may
bring an advisor to the meeting.The
advisor is not a participant in the meeting but may consult with the
advisee.If either party chooses this
option, he/she shall submit the name of the advisor in writing to the Director
of Human Resources at least forty-eight (48) hours prior to the meeting.If 48 hours notice is not given, the employer
may postpone the meeting.
·The Employer does not permit
retaliation against an individual in any way as a result of seeking relief
under this policy.