Legal Definitions - grievance

A grievance is a formal complaint made by an employee or a group of employees against their employer, alleging a violation of a contract, company policy, or an established agreement, such as a collective bargaining agreement in a unionized workplace.

It typically concerns issues related to working conditions, pay, benefits, or how employees are treated by management or colleagues. The process for filing and resolving a grievance, known as a grievance procedure, is usually a structured set of steps designed to address and resolve workplace disputes in a fair and systematic manner, often involving negotiation, mediation, or arbitration.

Here are some examples of how a grievance might arise:

• Example 1: Violation of a Collective Bargaining Agreement

  A group of factory workers, represented by their union, discovers that their employer has started requiring them to work an extra 30 minutes each day without additional pay, despite their collective bargaining agreement clearly stating the standard shift length and overtime rates. The union's shop steward would file a grievance on behalf of the workers, formally complaining that the employer is violating the terms of their negotiated contract regarding work hours and compensation.

• Example 2: Unfair Treatment or Policy Non-Compliance

  An individual employee in a non-unionized office believes they were unfairly passed over for a promotion. They had met all the stated qualifications and performance metrics for the role, but the position was given to a less experienced colleague who is a personal friend of the hiring manager. The employee could file a grievance through the company's internal HR department, alleging that the promotion process was not conducted fairly or in accordance with the company's established equal opportunity and promotion policies.

• Example 3: Unsafe Working Conditions

  Several nurses in a hospital unit repeatedly report that a critical piece of medical equipment is malfunctioning, posing a risk to patient safety. Despite their verbal complaints to their supervisor, no action has been taken to repair or replace the equipment. Feeling that their concerns are being ignored and that the employer is failing to provide a safe working environment as required by health and safety regulations, the nurses might collectively file a formal grievance to compel management to address the hazardous condition.