GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES Clause Samples

The Grievance and Dispute Settlement Procedures clause establishes a formal process for addressing and resolving conflicts or complaints that arise between parties, typically in an employment or contractual context. This clause outlines the steps that must be followed, such as submitting a written complaint, engaging in meetings or mediation, and possibly escalating the issue to arbitration or another neutral third party if initial efforts fail. Its core practical function is to provide a clear, structured pathway for resolving disagreements efficiently and fairly, thereby minimizing disruptions and reducing the likelihood of litigation.
GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. It is agreed that it is in the interest of all parties to manage resolution of any conflict by means which do not disrupt the operations of the workplace. In the event of any workplace grievance and/or disagreement between the parties as to the interpretation or implementation of this Agreement, the following procedure will be followed. This Agreement recognises that employees’ grievances should be resolved speedily, effectively and informally between the employee and supervisor where possible and without the need for recourse to industrial action. The following procedure will apply for the resolution of any dispute: 1. The employee is to notify (in writing or otherwise) the Supervisor/Section Manager of the nature of the grievance and the remedy being sought. If, however, the dispute relates to, or directly involves the employee’s Supervisor/Section Manager, then the matter shall be referred directly to the next level of management. 2. A meeting between the employee and the Supervisor is to be held as soon as practicable to discuss the matter. The meeting should be held within 48 hours from next availability. 3. If the matter is not resolved at this meeting, the employee may request the Supervisor to refer the matter to the Branch Manager. Further discussions involving all parties are to be held again within 48 hours, if practicable. 4. If the matter is not resolved at this meeting, the employee may request the Supervisor to refer the matter to the General Manager. Further discussions involving all parties are to be held again within 48 hours, if practicable. 5. If the matter remains unresolved, then either party may refer the matter to the Queensland Industrial Relations Commission in accordance with the Industrial Relations Act 2016 (Qld) for conciliation in the first instance and if necessary arbitration. Any arbitrated decision will be binding on all parties. This procedure does not preclude either party from raising the issue to a higher stage at any time having regard to the issue involved. While this procedure is being followed, normal work is to continue, except where there are genuine matters of health or safety involved in which case the officer will not work in an unsafe environment but where appropriate shall accept re-assignment to alternative suitable work/work environment in the meantime. In any steps of this procedure, the employee may be represented by a member or members of the RRLCC or the employee’s local delegate of the relevant union
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. 7.1.1 NUAA staff are entitled to the rights and conditions around grievance and dispute settlement procedures in the NSW Social and Community Services Award unless otherwise covered in this Agreement. 7.1.2 Any dispute or grievance arising in the workplace other than a dispute or grievance arising directly from concern about an employee’s work performance or conduct will be dealt with in the following manner: 7.1.2.1 in the first instance, the employee will attempt resolution with his/her supervisor. 7.1.2.2 in the event of failure to resolve the grievance or where a direct discussion between the employee and their immediate supervisor would be inappropriate, the employee may notify an accredited representative of the Union or other representative of their choice who will confer with the appropriate supervisor and/or manager to organise a meeting. 7.1.2.3 any such meeting will be held as soon as possible after notification by the employee or their representative of the grievance or dispute or within a time frame agreed between both parties. 7.1.3 While the above procedure is being followed work will continue normally. No party will be prejudiced as to the final settlement by the continuation of work. 7.1.4 In the event of failure to resolve the grievance or dispute amicably between the parties, either party may refer the matter to the NSW Industrial Relations Commission.
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. In relation to any matter that may be in dispute between the parties to this Agreement, the parties agree to the following procedures. • The parties agree to the principle of "Natural Justice" for all employees. A formalised grievance process is available to all employees to ensure they are treated fairly and equitably. • It is the aim of both parties to ensure that grievances are resolved as quickly as possible and as close to the source of the grievance as possible. • Employees should, in the first instance, seek to resolve any grievance / dispute with their Supervisor. Conversely, supervisors should seek to resolve any grievance / dispute with the employees concerned. If the employee and supervisor are unable to resolve the grievance / dispute, the matter shall be referred to the next level of management. • If the matter is not resolved at Stage 1, the employees may report the issue to their nominated representative. Where the grievance / dispute is proceeded with, the nominated representative and the employees will discuss the issue with the employee's Manager in order to seek a resolution. • If the matter cannot be resolved in the workplace, either party may refer the matter to mediation, and agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith. • If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute shall be referred to the Australian Industrial Relations Commission (AIRC) for resolution by way of mediation and/or conciliation and, if the dispute remains unresolved, by arbitration. • If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings witness, evidence and submissions which are necessary to make the arbitration effective.
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. 15.1 This procedure aims to avoid industrial disputes, or, where a dispute occurs, to provide a means of settlement based on consultation, cooperation and discussion and the avoidance of interruption to the performance of work. Without prejudice to either party, and except where a bona fide health and safety issue is involved, work should continue on a status quo basis while matters in dispute are being dealt with in accordance with these procedures. On a status quo basis shall mean the work arrangement in place at the time the matter was first raised in accordance with these procedures. 15.2 Any grievance or dispute shall be handled as follows: All parties have a right to seek representation in order to resolve any dispute. Stage 1: Discussions between the employee/s and supervisor.
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. 2.1.1 If a dispute relates to a matter under this award, or the NES, or any workplace matter including a dispute about whether a workplace right has been breached, this term sets out procedures to resolve the dispute. 2.1.2 In the first instance the parties to the dispute must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and/or management. 2.1.3 If such discussions do not resolve the dispute, and all appropriate steps under clause 2 have been taken, a party to the dispute may refer the matter to Fair Work Commission. 2.1.4 If the matter cannot be resolved, a party may refer the dispute to Fair Work Commission for resolution. In resolving a dispute, FWC may: (a) Use any of its powers, including arbitration powers); and, (b) Without limiting (a) above, where the matter in dispute concerns a decision made by the employer, FWA may conduct a merits review and stand in the shoes of the employer and make a fresh decision to resolve the dispute. 2.1.5 Where the matter in dispute remains unresolved, Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. 2.1.6 Employees are entitled to be represented by a representative of their choice, including their union. The employer shall recognise the representative for all purposes involved with the resolution of the dispute and shall allow them to perform their role as representative. 2.1.7 The parties to the dispute and their representatives must act in good faith in relation to the dispute. 2.1.8 While parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. 2.1.9 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 2.2.10 ...
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. 8.1 Grievance procedure A grievance is defined as a situation in which an Employee believes that a circumstance impacting on them in the workplace presents as just cause for complaint, resistance or protest or one that requires clarification or explanation or an expression of dissatisfaction. A grievance is not a matter of dispute over the application of this Agreement. It is agreed that a grievance should be resolved at the site level wherever possible and to achieve that outcome a stepped grievance resolution process is detailed in each Appendix. Where every endeavour has been exercised to resolve a grievance through the grievance procedure, and on-site means of resolution have been exhausted, the Company or the Employee(s) that initiated the grievance may, in writing to the other, declare that the matter is to be progressed through the dispute procedure in this Agreement, commencing at stage five (v) of that procedure. Grievances that have alternative channels for resolution as a consequence of legislative requirements shall not be progressed through the disputes settlement procedure of this Agreement, at Clause 8.2, but may be progressed to resolution through the procedures provided by that specific legislation. eg, Worker’s Compensation, discrimination, harassment, workplace health and safety etc after having exhausted available on site grievance processes. 8.2 Dispute settlement procedure It is agreed that every endeavour will be made to amicably resolve disputes, where they arise, by direct negotiations and consultation between the Company and its Employee(s). It is agreed that issues should be resolved at the site level wherever possible. Subject to the provisions of the Workplace Relations Act, and to facilitate the settlement of any dispute about the application of the terms of this Agreement, the following procedure shall apply: (i) The matter should first be pursued between the Employee(s) concerned and the area or department supervisor. (ii) If the matter is not resolved at this level then discussions should be conducted between the area manager, the affected Employee(s) and, where requested by the Employee(s), a local union delegate(s) from the union(s) party to this Agreement. (iii) If the matter is still not settled at this point, the initiator will record in writing the issues in dispute and serve them on the other person within seven days of the conclusion of the discussions at point (ii). (iv) A conference to settle the disputed matter s...
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GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES. Grievance and Dispute Settlement shall be in accordance with the CaPTA policy manual..
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Related to GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES

  • Dispute Settlement Procedures The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Applicable Law and Dispute Settlement 17.1. This Contract shall be governed by Finnish law, excluding its rules on conflict of laws. 17.2. The Parties shall seek to settle amicably any differences of opinion and disputes arising from or related to the implementation of this Contract. Should this fail, any dispute, controversy or claim arising out of or relating to this Contract, or the breach, termination or validity thereof shall be finally settled in accordance with the Arbitration Rules of the Finland Chamber of Commerce. Article 36 on Interim measures of protection shall not apply. The language of the proceedings shall be English. The place of arbitration shall be Helsinki, Finland.

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

  • Governing Law and Dispute Settlement 12.1 This Agreement shall be governed by and construed in accordance with the laws of the PRC. 12.2 In case of any disputes among the Parties arising out of the construction and performance of any provisions of this Agreement, the Parties shall resolve such disputes through consultation in good faith. If such disputes cannot be resolved through consultation, any Party may submit such disputes to China International Economic and Trade Arbitration Commission for resolution by arbitration in accordance with the existing arbitration rules of such Commission in force. The place of arbitration shall be Beijing, and the language to be used in the arbitration proceedings shall be Chinese. Any arbitral award shall be final and binding upon the Parties. No provisions of this Section shall be affected by any termination or cancellation of this Agreement. 12.3 Except for any matters disputed by the Parties hereto, the Parties hereto shall continue to perform their respective obligations under this Agreement based on the principle of good faith.