Still employed, but your employer has made things worse?
You do not have to be fired to have a personal grievance. An unjustified action that disadvantages your employment can itself be challenged.
Action short of dismissal can still be a grievance
Unjustified disadvantage can include an unjustified warning, suspension, demotion, transfer, withdrawal of work, reduction in hours, or an employer failing to address a serious issue that materially affects your employment.
- Identify the specific action that disadvantaged you and the date it occurred.
- Save the before-and-after documents showing what changed.
- Object clearly enough that the employer understands the issue.
- Do not wait for dismissal before addressing a serious disadvantage.
What the employer still has to justify
A warning is issued without proper allegations, investigation or opportunity to respond.
Hours, duties, location, status or responsibilities are changed without proper basis.
Suspension is imposed as punishment rather than a justified interim measure.
An employee is disadvantaged after raising concerns or exercising employment rights.
The employer relies on an unfair process that materially affects the employee's conditions or position.
What actually matters here
01Warnings can matter before dismissal
A warning can have lasting consequences because an employer may rely on it later. If the warning was based on a poor investigation, missing disclosure, a predetermined outcome or a sanction that was not reasonably justified, it can be worth challenging the warning itself rather than waiting for the next disciplinary step.
02Changes to work and conditions
Reduced hours, withdrawn duties, demotion, transfer, loss of responsibilities or being frozen out can create disadvantage issues depending on the employment agreement and the employer's justification. The practical effect on the employee needs to be identified, not just the fact that a change occurred.
03Employer inaction can also matter
Disadvantage can arise where an employer fails to deal with a serious problem raised by the employee, such as bullying, harassment, unsafe behaviour or another issue that materially affects the employee's ability to work. What the employer knew and how it responded can be important.
What a useful result can look like
Not every management decision is a disadvantage claim. The action must be materially adverse and unjustified in the circumstances.
Removal or correction of an unjustified warning or decision.
Restoration of hours, duties, status or other conditions where appropriate.
Compensation and wage-related remedies where loss is proved.
Negotiated resolution while employment continues or as part of an agreed exit.