Employee Misconduct and Grievance Procedures: A Case Study Analysis

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Grievance Assignment
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Contents
Introduction......................................................................................................................................3
1. Type of Grievance....................................................................................................................4
2. Outline the roles and responsibilities of the manager and the HR advisor..............................5
3. Outline the advice to the manager............................................................................................6
Conclusion.....................................................................................................................................10
References:....................................................................................................................................11
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Introduction
The report includes the misconduct of employees within the organization which is discovered by
the manager. The report includes the roles and responsibilities of the human resource manager
towards the grievance and actions which can be taken by such manager. It will include several
advices which are provided by the human resource manager to the manager in regards with the
actions towards the misconduct of the employee. In this report, the discussion on offensive and
misbehavior of the employee is made and it also includes the discussion on not complying with
the legal rules or norms of the company.
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1. Type of Grievance
The manager of the company has found that one of the employees is engaged in offensive
behavior and does not abide by the compliances of the company. The manager has taken action
of termination against the employee for the misconduct. The manager found the employee
performing the business activities with unlawful and unethical means. He found that the
employee was disobeying the policies of the company and not working in accordance with the
norms and regulations of the company (Karakostas, et. al., 2016). The employee is engaged in
activities which are against the law and is essential to terminate that employee in order to prevent
the goodwill of the company and to prevent other employees for engaging themselves in any
kind of misconduct. The employee was engaged in the production of a poor quality product
which the manager got to know when he tested the products. The manager finds out the non-
compliance and after inspecting about the same, he got to know about the misbehavior and
offensive behavior of the employee towards the other employees of the same class or subordinate
to him. The manager finds out that the employee was committing into the non-compliance
activities since so long and threatening other people for involving into the same. The behavior
was intolerable and manager terminated the employee as soon as he was aware of the employee’s
actions. The manager filed the grievance report with the human resource management including
all the illegal activities and misconduct of the employees towards the people of the organization.
The manager asks for the advice of the HR and roles and responsibilities of the manager in
handling grievances. The manager asks the HR to take corrective actions against the employee
and make modifications in the policies as to consequences against such actions (Chaly, et. al.,
2017). The manager terminated the employee for his misconduct which he did intentionally and
which might harm the goodwill of the company. The manager was not aware of such actions
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conducting in the organization including providing the customers with poor quality products.
The employee was not abiding with the policies of the organization and was involved in the non-
compliances leads to his termination.
2. Outline the roles and responsibilities of the manager and the HR advisor
Roles and responsibilities of the manager
1) Conducting inspection: It is the responsibility of the manager to inspect the activities in
the organization and identify whether the products produced matches a specified
standard.
2) Timely completion of activities: The manager should motivate the employees to
complete their activities on time.
3) Abiding by compliances: It is the responsibility of the manager to influence employees
to abide by all the legal compliances as mentioned in the policies and procedures of the
company.
4) Maintenance of confidentiality: It is the responsibility of the manager to maintain
private and confidential information of the organization.
5) Optimum utilization of resources: It is the responsibility of the manager to identify
whether the resources of the company are being utilized optimally (Qiu, et. al., 2018).
HR Advisor’s role and responsibilities
1) Compliance: It is the responsibility of the HR Advisor to provide guidance about the
compliances of the company to all the employees.
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2) Training and Development: HR should provide proper training and development
program to the employees so as to introduce them to the policies and procedures of the
company.
3) Safety and security: It is the responsibility of the HR Advisor to provide advice about
the safety and security of the employees.
4) Organizational culture: He/ she must provide information about the organizational
culture to the employees.
5) Policy and procedures: He should form the policies which are in the best interest for the
organization and employees as well (Bhatti, et. al., 2016).
3. Outline the advice to the manager
 Meeting with the grievor and the union representative
a) The purpose of the meeting is to identify all the non-compliance activities in the
business and take corrective actions to reduce the same. HR of the company will
provide advice to the manager and the union representative about the meeting to be
conducted to discuss such matters.
b) The meeting should be conducted by deciding mutually the date, time and venue of
the meeting. The meeting is conducted after deciding the agenda of the same. The
agenda of the meeting will be sent to all the persons concerned with the same and will
be accountable to attend the meeting mandatorily.
c) The timeliness of the meeting shall be decided in advance and HR of the company
shall advise on the time duration of the meeting. The meeting should cover all the
matters as mentioned in the agenda.
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d) The next step after the completion of the meeting is the manager will send the results
of the reports to the employees of the company and then he will conduct an inspection
in the organization to identify all the issues and non-compliances going on in the
organization. He should take action against the person conducting any kind of non-
compliance.
 The investigation and gathering of evidence
a) The manager in order to conduct inspection should test the products produced to
determine the quality of the products and speak to the employees of the company to
know about other employees. This helps in gathering feedbacks about the employees
behaving improperly in the company (Crispin’s, 2016).
b) The key elements of the investigation include that the manager should investigate the
employee against whom the charge of non-compliance was found. He should conduct
a one-on-one meeting with the employee in the organization after the completion of
the meeting with the concerned persons. The investigation is done to remove such
activities from the organization and improve the goodwill of the company.
c) The investigation should be in detail and proper time should be taken by the manager
to perform an investigation. The manager should conduct a grievance hearing.
d) All the relevant data and documents shall be collected by the manager while
inspecting. He should collect all the pieces of evidence and records and views of the
employees against the person conducting misconduct (Williams, 2017).
Questions which managers should ask from the employee during the investigation include:
1) Who is the responsible person against professed inappropriate misconduct?
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2) Does anyone know the availability of the physical evidence, notes or any other relevant
documentation relating to the incident?
3) Since how long the incident is being conducted in the company and how many of the
people are aware of the same?
4) What are the actions which the company shall take against the person conducting such
activities in the company and not abiding with the compliances and policies of the
company?
5) Do you know how many of the people are affected by the actions?
 The preparation of the grievance response.
a) The grievance response should include all the grievances held in the company,
meeting with the top executives to discuss the matter, a letter including all the details
relevant to the grievances, steps taken by the manager after determining the
misbehavior of the employees’ activities, etc.
b) The manager can seek advice from the experts while preparing a grievance response.
The manager should not forget to include all the elements which are essential to
identify that the organization is facing the grievances (Alam, 2017).
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Draft letter of the grievance response
Date: 1st April 2019
To,
The Manager.
Subject: Grievance Response Report
Dear Sir,
This is to inform you that the grievance response report is essential to report to provide
information about the grievances conducted in the organization. One of the employees of the
company has found guilty of misbehavior and non-compliances in the company. Proper
inspection has been conducted and the products were tested for the evidence. The employee was
involved in the production of poor quality products and behaved improperly with other
employees as well. As a solution or remedy, the manager has terminated the employee because of
his misconduct and unethical means of activities.
On 28th March 2019, the company conducted the grievance meeting in which all the concerned
people were present. All the allegations were inspected and reviewed properly and reasons of
violation of the contract were determined carefully. The employee was found guilty and
termination was the most appropriate solution.
Hence, the grievance response report is sent for seeking advice.
Sincerely,
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Human Resource Manager.
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Conclusion
From the above report, it has been concluded that the manager has found some non-compliance
activities in the company and misbehavior and misconduct by the employee. The report
concludes several roles and responsibilities of the manager and the HR advisor while managing
the grievance. It also concludes that several procedures are required for advising on the
grievance response report.
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References:
 Alam, S. S. (2017). The effectiveness of the grievance mechanism.
 Bhatti, M. W., & Ahsan, A. (2016). Global software development: an exploratory study
of challenges of globalization, HRM practices, and process improvement. Review of
Managerial Science, 10(4), 649-682.
 Chaly, S., Hennessy, J., Menand, L., Stiroh, K., Tracy, J., Gutt, L. H., ... & Hirtle, B.
(2017). Misconduct risk, culture, and supervision. Federal Reserve Bank of New York.
 Crispin’s, S. (2016). Grievance Policy and Guidance. policy, 6, 03.
 Karakostas, A., & Zizzo, D. J. (2016). Compliance and the power of authority. Journal of
Economic Behavior & Organization, 124, 67-80.
 Qiu, Y., Vuk, T., Bust, L., Strengers, P., & Seidl, C. (2018). Self‐inspection and
classification of non‐compliances. ISBT Science Series, 13(3), 274-278.
 Williams, C. (2017). Developing a holistic approach to tackling undeclared work.
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