How to Win a Grievance Hearing as an Employee

Your chances of winning a grievance depend on your evidence and preparation.

Grievances with strong documentation and clear contract violations have good success rates. Grievances based on emotions, assumptions, or weak evidence typically fail.

What helps you win:

  • Clear evidence the employer violated your collective agreement or workplace policy
  • Written documentation (emails, texts, witnesses)
  • Consistent story that doesn’t change
  • Following proper procedures and timelines

What hurts your chances:

  • No evidence—just your word against theirs
  • Missing deadlines to file
  • Weak or vague complaints
  • Exaggerating or lying about what happened

Who Attends a Grievance Meeting?

Typically present:

  • You (the employee filing the grievance)
  • Your union representative (if unionized) or your lawyer
  • Management representative (often HR or your supervisor)
  • Witnesses (if either side calls them)
  • Note-taker (to record what’s discussed)

For arbitration hearings (if it goes that far):

  • Arbitrator or mediator (neutral third party)
  • Union lawyer or grievance officer
  • Employer’s lawyer
  • Expert witnesses (if applicable)

You typically won’t face your manager alone—you’ll have representation.

What Should You Say at a Grievance Meeting?

Be Clear and Factual

Stick to what happened, when it happened, and who was involved. Use specific dates, times, and examples.

Good: “On October 15, my manager told me I was being moved to the night shift without the 7-day notice required under Article 12 of our collective agreement.”

Bad: “My manager is always unfair to me.”

Focus on Contract Violations

Explain how the employer broke the rules. Reference your collective agreement, workplace policy, or employment standards.

Example: “Article 15.2 states employees must receive overtime pay for hours over 40 per week. I worked 48 hours the week of November 3 and was not paid overtime.”

Stay Calm and Professional

Even if you’re angry or upset, keep your emotions in check. Stick to facts, not feelings.

Answer Questions Honestly

If you don’t know something, say “I don’t know.” Don’t guess or make things up.

Bring Your Evidence

Reference your documentation—don’t rely on memory alone. Say things like: “According to this email dated…”

What NOT to Say in a Grievance Meeting

Don’t exaggerate or lie If you get caught stretching the truth, you lose credibility and likely lose your case.

Don’t make it personal Avoid attacking your manager’s character or making accusations you can’t prove. Focus on what they did, not who they are.

Don’t ramble or go off-topic Answer the question asked. Don’t bring up unrelated complaints or past issues unless they’re directly relevant.

Don’t admit fault unnecessarily If asked leading questions, be careful. For example, “You were late that day, weren’t you?” Answer truthfully but don’t volunteer extra information that hurts your case.

Don’t threaten or make demands Let the process work. Don’t say things like “If I don’t get what I want, I’m going to the media.”

Don’t use emotional language Phrases like “They hate me” or “This is so unfair” don’t help. Stick to facts and contract language.

Questions to Ask in a Grievance Meeting

To clarify the employer’s position:

  • “Can you explain why this action was taken?”
  • “Which policy or contract provision are you relying on?”
  • “Do you have documentation supporting your decision?”

To establish facts:

  • “Was this decision documented in writing?”
  • “Who was involved in making this decision?”
  • “When was I notified of this?”

To test their reasoning:

  • “Has this policy been applied consistently to other employees?”
  • “Why wasn’t I given the opportunity to respond before this action was taken?”

Don’t be aggressive—ask genuinely to understand their position and expose weaknesses in their case.

Examples of Grievance Outcomes

Example 1: Wrongful Discipline

Issue: Employee received written warning without proper investigation. Outcome: Warning removed from file, employee received apology.

Example 2: Denied Overtime Pay

Issue: Employer refused to pay overtime for hours over 44/week. Outcome: Employee received back pay for all unpaid overtime plus interest.

Example 3: Unfair Termination

Issue: Employee fired without just cause or proper notice. Outcome: Employee reinstated with full back pay, or received severance settlement instead of reinstatement.

Example 4: Harassment Complaint Ignored

Issue: Employee reported harassment but employer failed to investigate. Outcome: Employer ordered to conduct proper investigation, provide training, and compensate employee for distress.

Example 5: Grievance Against Manager

Issue: Manager consistently violated scheduling provisions in collective agreement. Outcome: Manager ordered to follow agreement, employee compensated for losses, policy clarified for future.

How to Prepare for Your Grievance Hearing

1. Organize Your Evidence

  • Put documents in chronological order
  • Highlight key emails, messages, or policies
  • Prepare a timeline of events

2. Practice Your Story

  • Rehearse with your union rep or lawyer
  • Keep it short, clear, and factual
  • Anticipate questions you’ll be asked

3. Review Your Collective Agreement

  • Know which articles support your case
  • Understand your rights under the contract
  • Reference specific clauses when speaking

4. Line Up Witnesses

  • Identify coworkers who saw what happened
  • Confirm their availability
  • Brief them on what they’ll be asked

5. Stay Professional

  • Dress appropriately
  • Arrive on time
  • Be respectful, even if you’re angry

Bottom Line

Winning a grievance requires:

  1. Strong evidence – Documentation beats “he said, she said”
  2. Clear contract violation – Show the employer broke the rules
  3. Professional presentation – Stay calm, factual, and prepared
  4. Good representation – Use your union rep or hire a lawyer

What to say: Stick to facts, reference your contract, answer honestly
What NOT to say: Don’t exaggerate, attack character, or ramble
If you win: You may get reinstated, receive back pay, have records corrected, or get compensation
If you file: Your employer cannot legally retaliate—but document everything just in case

Don’t go into a grievance hearing unprepared. Your rights matter, and with the right approach, you can win.

Saad Mirza

About the Author

Saad Mirza

Hi! beautiful people. I’m an employment lawyer. I help workers across Ontario stand up for their rights. Hope this blog helped—stick around for more.

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