ii. Formal Stage
i. Informal stage
- Where an employee has a grievance relating to his/her employment he/she
should discuss the matter initially with his/her immediate supervisor, who
in most cases can best respond to the complaint (which identifies the
first level to which a grievance should be brought in addition to the
subsequent facilities to progress the grievance if required.)
- If the employee is unable to resolve the issue satisfactorily with
his/her immediate supervisor, then the procedure as described in Section
2.2 is available for the resolution of the grievance.
- If the complaint relates to alleged harassment the following procedure
is available. The intention at this stage is not to be legalistic or to
act as judge or jury, but to offer an informal and sensitive approach to
the grievance.
- In dealing with individual cases, the objectives are to put an end to
the alleged harassment at an early stage and to protect complainants from
retaliatory action. It is also important to provide protection to alleged
offenders against unwarranted complaints. It is important at this stage
that “offenders” are supported in attempting to change their behaviour
voluntarily. In most cases it is expected that a clear indication that the
behaviour is objectionable will prove sufficient, and the necessary
procedures will stop short of any formal grievance procedures.
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Informal first option
- The complainant may go to any contact person who may accompany him/her
in going directly to the alleged harasser and ask them to stop. Or, the
complainant following advice, may go alone to the alleged harasser and ask
them to stop.
-
Alternatively, the complainant may go directly to his/her supervisor
(see Diagram, Section 5). The purpose of this meeting will be to alert the
supervisor to the problem. He/she, where appropriate, may chair an
informal discussion between the complainant and the alleged harasser.
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ii. Formal Stage
Formal Stage 1:
- The complainant should set out the substance of the grievance on the
grievance form, which should be submitted to the complainant’s supervisor.
(The forms are available from the staff department, from whom advice will
be available on the progress of the formal stages).
- Where the complainant refers to alleged sexist or racist harassment, the
employee(s) should provide their supervisor with a detailed written
statement. If the complaint is against the supervisor, then the statement
should be sent to the person indicated (see Diagram) who will send a copy
to the FIT appointed person for dealing with equal opportunities.
- The letter giving the substance of the complaint will be sent to the
alleged harasser prior to the formal investigation. The alleged harasser
will be informed by their supervisor that a complaint involving them has
been made.
- At this stage, the complainant may wish to consult his/her
representative of a recognized trade union or other representative, who in
agreement with the complainant, may handle the grievance on the
complainant’s behalf.
- On receipt of the grievance form, the supervisor should convene a formal
meeting with the complainant. The purpose of the meeting will be to
examine the complaint or allegation. FIT will provide a representative to
advise on the operation of the procedure as necessary.
- In cases of harassment the supervisor should, on receipt of a written
statement, convene a formal meeting with the complainant. The purpose of
the meeting will be to examine the complaint or allegation, and normally,
initiate a formal investigation. In such cases, a FIT appointed person for
dealing with equal opportunities, and a representative of the complainant
will be present in an advisory capacity.
- The formal investigation will be carried out by the supervisor aided, in
an advisory capacity, by representatives FIT appointed person for dealing
with equal opportunities. The investigation must be a thorough procedure,
undertaken speedily and efficiently. During the course of the
investigation, the alleged harasser and the complainant must be
interviewed separately by the supervisor in the presence of an FIT
appointed person for dealing with equal opportunities.
- During such interviews, either party mat produce documents or witnesses
relevant to the matter.
- The supervisor should formally respond to the grievance no later than 10
working days following the meeting, by completing the grievance form
accordingly.
- Once the formal investigation has been carried out and within 10 working
days, a further meeting between supervisor and complainant will be
convened.
- The purpose of the meeting will be to consider the finding of the report
and any recommendations of the formal investigation, and to see whether
the matter may be resolved at this stage.
- If the formal investigation indicates that a prima facie disciplinary
offence may have been committed, the matter may be referred to the
Disciplinary Procedure.
- If the complaint is resolved at the meeting, then a letter shall be
issued to the complainant, stating the reasons for the outcome, and the
action agreed. The alleged harasser will also receive notification of the
outcome by letter.
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Formal Stage 2:
- Formal Stage 2 is not appropriate for the furtherance of a grievance
relating to racist or sexual harassment, since the meeting to which 2.3.1
refers (below) has already been held during Formal Stage 1.
- If the complainant is dissatisfied with the Formal Stage 1 response of
his/her supervisor, the employee, within four working days of being
notified, should submit his/her grievance to the second stage (see
Diagram). The individual responsible for this stage will convene a meeting
no later than 10 working days following receipt of the formal complaint.
- If the grievance relates to local/national agreements/recommendations on
salaries, rates of pay, and/or conditions of service, the supervisor
should seek advice, where appropriate, from the HR prior to meeting with
the complainant.
- At this meeting, the individual responsible will discuss the complaint
with the complainant, and his/her recognised trade union or other
representative. The individual responsible will formally confirm his/her
response on the grievance form no later than 2 working days after the
meeting.
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Formal Stage 3
- If the complainant is dissatisfied with the response at the second
stage, he/she may, within four working days of being notified of the
formal response at the second stage, progress the grievance to the final
stage. At this stage, the consideration of the issue is by the
vice-chancellor or nominee, who will convene a meeting not later than 10
working days following receipt of the formal complaint.
- The complainant should submit the grievance form, or in the case of
harassment the written statement, to the HR. That Division, in harassment
cases in consultation with the FIT appointed person for dealing with equal
opportunities, will arrange for the grievance to be heard, and for the
appropriate representative of a recognised trade union or other
representative to be informed.
- The purpose of this meeting would be to examine the grievance in the
light of any new findings, together with those from the formal
investigation, with a view to resolving it.
- At the meeting, the MD or nominee will hear the grievance as presented
by the complainant and his/her representative. In cases of harassment, an
FIT appointed person for dealing with equal opportunities will be present
at this meeting in an advisory capacity.
- The MD or nominee will respond to the complainant, and the decision will
be communicated to the complainant, in writing, no later than 5 working
days after the appeal.
- There is no further right of Appeal within this procedure.
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