Common use of Personal Grievance - Definitions Clause in Contracts

Personal Grievance - Definitions. (a) for the purposes of this clause, "personal grievance" means any grievance that an employee may have against the employee's employer or former employer because of a claim: (i) That the employee has been unjustifiably dismissed or (ii) That the employee's employment, or one or more conditions thereof, is or are affected to the employee's disadvantage by some unjustifiable action by the employer (not being an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of this collective agreement) or (iii) That the employee has been discriminated against in the employee's employment or (iv) That the employee has been sexually harassed in the employee's employment or (v) That the employee has been subject to duress in the employee's employment in relation to membership or non - membership of an employee's organisation. (b) For the purposes of this clause, a "representative", in relation to an employer and in relation to an alleged personal grievance, means a person: (i) Who is employed by that employer and (ii) Who either: (A) has authority over the employee alleging the grievance or (B) Is in a position of authority over other workers in the workplace of the employee alleging the grievance.