Ignoring grievance policies | Employment Law Practical Handbook

June 04, 2018

My client’s employee chose not to use the employer’s grievance policy process and instead lodged an application direct to the FWC, alleging discrimination over being pregnant.

If employees have a right not to use the company’s grievance policy to resolve the matter – why have one at all? Would the employer be able to discipline the employee for then not abiding by the employer’s policy?

It is still important to have a grievance policy as, hopefully, most disputes will not result in legal action.

Having a policy means that employees have a straightforward method of raising issues, it also gives you a process to rely on that has been openly communicated to its employees.

But you should not discipline the employee for not abiding by your policy.