Free Sample Dispute Resolution Policy
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Sample Dispute Resolution Policy


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SUBJECT: Dispute Resolution and Formal Grievance Procedure

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.

CONTENTS:

1.  Employee Grievances

2.  Grievance by Terminated Employee

3.  Grievance Procedure

4.  General Provisions

1.     Employee Grievances

Human Resources 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 when necessary.

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

Terminated employees 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.

3.     Grievance Procedure

The following steps are to be followed in all grievances:

STEP ONE

·         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 grievance, (i.e.  age, race, sex, religion, disability, or other criteria prohibited by law), the employee may discuss the problem with the Director of Human Resources.

STEP TWO

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.

STEP THREE

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 binding.

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.

4.     General Provisions

·         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 procedure.

·         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.


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