Suspension from work

[ULA]

I would say that given how anxious you are then a phone call is probably not a good idea - you need time to process what they are saying and a phone call does not give you that opportunity. I would suggest that you respond back to them and say that you would prefer that initially they contact you by email with any response back to you.*

[Mike2385]

Ok so yesterday HR called and said if I wanted to go they would pay me in lieu of notice which I find to be a joke. And at around 12pm I lost access to my work emails. I emailed HR and said I was having problems and they replied saying its standard company procedure for that to happen. Yet I've had access ever since I was suspended in October and I still have access to my roster and company critical information such as the manuals etc. I find all of this somewhat odd.*

[ULA]

What did you actually say in your initial email to the company?

[Mike2385]

During my suspensions my mental health has deteriorated rapidly. The stress has caused me to seek counselling and I have been given medication for my depression and anxiety. I'm finding it increasingly difficult to leave the house. My wife is almost 5 months pregnant and has preeclampsia. The increased stress with this condition is not good for her or the baby either.

With all of this in mind, I would like you, the company, to take part in a without prejudice conversation.
Yours Sincerely,

I also have another question too. This isnt in the email. A company's grievance policy is it there for when an employee has and issue with the employer or is it also used for employee to employee issues??

[Mike2385]

The email was put together by the union rep.

[Mike2385]

I've got a feeling that my last question may be very important when it comes to my appeal. If I can prove the managers/colleagues did not follow the company's grievance policy.*

[ULA]

If the first part of your post #66 is the full email to the company then not sure that is really making the point of the kind of discussion you are wanting to try and engage your employer in but that is only my opinion.

In regard to an employee having an issue with another employee then again my view is try and raise it informally first and if there is no satisfactory outcome then they would have to raise a formal grievance in writing and the employer should follow it's grievance procedure.

[Mike2385]

Perfect that's great. My union rep is contacting HR today to discuss on my behalf.*

The person who made the complaint dont it verbally to her manager but her manager did not document what was said in the discussion. Then the 'complaint' I was shown only stated 'a summary of events as requested'. The company policy states;
1. It should be set out on the company standard form.
2.It should state that they wish to raise a formal grievance.
3. It should state the colleagues desired resolution.
4. It should state the reasons for the grievance.
5. Be submitted to the manager who held the informal grievance discussion.*

By me reckoning she has not followed the policy to raise the issue, the manager she raised it too has failed in documenting the discussion and she has not done 3 of the 5 points outlined about. Yet here I am awaiting my appeal. I'm appalled. Any advice you can give??

[ULA]

What you have to ascertain is firstly whether the grievance was being raised initially on an informal or formal basis? If the former then then by definition the process is "less formal" in terms of how it is submitted.*

[Mike2385]

If it was raised on an informal basis then surely, as per our policy, I should have been taken to one side and spoken to about it rather than just being suspended straight away. There is no clear information as to whether it was formal or informal. However, even if it was informal there should have been a documented discussion, correct? As there is no evidence of a discussion taking place, even though I've been told that's how it was raised, her manager has not followed the policy in dealing with the issue???

[ULA]

If your company has a policy which clearly defines how an informal grievance is dealt with then the essential stages of that process should followed. If they are not then the company would need to demonstrate that the process it did adopt was fair and reasonable for all parties involved.*

[Mike2385]

They have nothing in writing to say that a discussion took place and the 'complaint' I was shown does not state that they wish to raise a grievance. It only states that it is 'a summary of event'.*

[Mike2385]

Allowing a.colleague to bring a grievance but not follow the policy is somewhat unfair dont you think. Seen as they have nothing in writing.to say they wished to raise a grievance.

[ULA]

That is why you need to establish whether it was raised formally or informally. If the latter, then dependent on whether the company policy defines how they process an informal grievance there may not be a need for the person to raise it in writing.

If the company does not define how they handle an informal grievance then there are no “hard and fast” rules. However, if the company believes that the grievance/complaint, even if raised informally, may be so serious and have wider implications e.g. a duty of care to their employee/s, that dealing with it informally will simply not work then they can move to handle it as a formal grievance. In which case they will take the information they have obtained informally and then start an investigation as part of the formalised procedure. *
*

[Mike2385]

Here is the part of the policy I'm trying to question.