Grievance:
Definition, Comparison & Types

A grievance is a formal, written complaint filed by an employee or group of employees alleging a violation of workplace contract terms, labor policy, laws, or established rights. It represents a dispute between workers and their employer involving the interpretation, application, or enforcement of a contract, policy, law, or workplace agreement. Grievances arise when employees believe their rights have been compromised and informal attempts to resolve the issue have failed.

Grievances are addressed through grievance mechanisms, which outline the process for how a complaint is filed and handled. These mechanisms are often defined in binding documents such as collective bargaining agreements or employment contracts and typically involve specific procedures for resolution, including negotiation, mediation, or arbitration.

Related terms: complaint, grievance procedure, collective bargaining agreement, remediation

A complaint is a general expression of dissatisfaction or concern that can be informal and resolved through discussion or non-formal means. A grievance is a formal, legally binding issue that typically involves a violation of a contract, policy, or law and follows a specific procedure for resolution.

Complaints generally do not have the same legal standing as grievances. An employee voicing concern about a coworker's behavior would be a complaint, while filing a formal accusation about being denied overtime pay in violation of a union contract would be a grievance with potential legal ramifications.

A grievance procedure is a set of rules and methods for documenting, presenting, and resolving disputes in the workplace. It is usually defined in the contract between union and management and outlines the formal steps for handling grievances from initial filing through resolution.

In unionized workplaces, there is typically a strict procedure for filing grievances tracked by the labor union and a grievance representative. Non-union workplaces may also have formal grievance procedures in place. The procedure often involves multiple levels or steps, with specific timelines for each stage, and may include negotiation, mediation, or arbitration as resolution methods.

Effective grievance mechanisms possess 7 essential characteristics based on the UN Guiding Principles on Business and Human Rights:

• Legitimate: Enabling trust from stakeholder groups and being accountable for fair conduct of grievance processes
• Accessible: Known to all intended users and providing assistance for those facing barriers to access
• Predictable: Providing clear procedures with time frames for each stage and clarity on process types and outcomes
• Transparent: Keeping parties informed about progress and providing information about the mechanism's performance
• Rights-Compatible: Ensuring outcomes and remedies accord with internationally recognized human rights
• A Source of Continuous Learning: Drawing on measures to identify lessons for improving the mechanism and preventing future grievances
• Based on Engagement and Dialogue: Consulting stakeholder groups on design and performance and focusing on dialogue to resolve grievances

Effective mechanisms are confidential and secure, allowing workers to file complaints without fearing reprisal, and include thorough investigations with procedures for securing remediation when grievances have merit.

Grievances can address violations of workplace contracts, labor policies, laws, or established rights. Common issues include working conditions, pay disputes, benefits violations, unfair treatment by supervisors or colleagues, contract violations, and violations of collective bargaining agreements.

The ILO defines a grievance as the belief of workers that their employer has not respected their rights as established in provisions of an applicable collective agreement, individual contract of employment, work rules, laws, or the custom or practice of the workplace, industry, or occupation. Grievances can be raised not only by workers but also by third parties including community members, governmental organizations, or NGOs.

Grievances can be filed by an individual employee, a group of employees, or a third party on behalf of affected workers. Third parties may include community members, governmental organizations, or non-governmental organizations who identify violations of worker rights.

In unionized workplaces, employees typically work with their labor union and a grievance representative to file and track grievances. The process varies between unionized and non-union workplaces, with unionized environments generally having more formalized procedures.

Timelines for filing grievances vary by agency and are typically specified in Civil Service Rules, MOUs, or employment contracts. Filing within these timelines is essential to maintain the validity of the grievance.

For example, SLO County employees must file within 20 business days following the event or after determining informal resolution has failed. Los Osos Community Services District employees must give notice within 5 days following the incident. Each organization defines specific deadlines for each step or level of the grievance process.

Companies should evaluate grievance mechanism effectiveness using 5 key metrics:

• Uptake: Track the number of grievances submitted over time, noting that lower rates may not reflect lower prevalence of labor issues
• Themes: Analyze grievance data to pinpoint priority areas for intervention and identify risk indicators from absent grievance types
• Accessibility: Assess whether all workers have access and ability to submit grievances
• Confidentiality: Examine standard operating procedures related to confidentiality, whistleblower protections, and reprisals through third-party auditing
• Grievance resolution rate: Measure the proportion of grievances satisfactorily remediated and the time required to close them

Regular evaluation helps companies identify lessons for improving the mechanism and preventing future grievances and harms, ensuring the system remains effective and trusted by workers.

Grievance procedures help management identify problems within the organization and provide employees with a communication channel to management while avoiding adversarial relationships. They create a structured method for resolving disputes promptly and fairly at the lowest possible level.

The procedures are governed by case law, including the landmark court case Alexander v. Gardner-Denver Co. (1974), which established that employers have a duty to provide employees with a fair and effective grievance procedure. This legal foundation ensures that grievance processes protect worker rights and provide legitimate pathways for resolution.

A grievance is often compared to 2 related workplace concepts:

Grievance vs. Complaint

A complaint is a general expression of dissatisfaction that may be informal and resolved through discussion or non-formal means, with no legal standing. A grievance is a formal, written complaint alleging a violation of a contract, policy, or law that follows a specific procedure and can have legal ramifications, especially involving contract violations or discrimination.

Grievance vs. Grievance Mechanism

A grievance is the actual formal complaint filed by an employee or group claiming violation of their rights. A grievance mechanism is the structured system that outlines how grievances are documented, presented, investigated, and resolved, including the rules, methods, timelines, and responsibilities of each party throughout the process.