Employment Lawyers Can Answer Your Employment Law Questions
Hi, Ben, Thanks. It is still an Informal Resolution process but I am told that a formal grievance has been submitted:
Hi, Ben, Thanks. It is still an Informal Resolution process but I am told that a formal grievance has been submitted. My concern is with procedural fairness. I consider submitting a counter-complaint
Hi, Ben, Thanks. It is still an Informal Resolution process but I am told that a formal grievance has been submitted. My concern is with procedural fairness. I just don't want to walk into a meeting without knowing exactly what is being alleged against me. I have requested disclosure of the case; the HoS has agreed--but there is just nothing happening (the complainant seems to withhold permission). So, in essence, can I insist on a procedural right (to know the allegations in advance, as a matter of procedural fairness) by issuing a threat to refuse not to attend untll the exact allegations being disclosed?
At such an early stage you do not really have the right to request many details and all the employer can say is that it is to do with a complaint and provide brief details of that. You are still considered innocent and no formal action can be taken against you at that meeting. It is just an opportunity by the employee to investigate the allegations and get you side of the story and then decide whether to take the matter further. If they eventually decide this is necessary they could instigate formal disciplinary proceedings against you – that is when you have the legal right to be given full details of any allegations against you, together with evidence, to enable you to formally prepare a defence before attending a formal hearing. However, this is not such a meeting and you cannot expect full details prior to attending. Also if you were to refuse to attend it could amount to insubordination and that in itself could amount to misconduct so it is not advisable.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Thanks. This helps for the time being.
you are welcome, all the best