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F. MECHANISMS FOR VIOLATIONS IN THE WORKPLACEAn employee, whose rights were violated such as by termination,suspension, or by any act of discrimination, has several options whenseeking redress. The available mechanisms could in fact fall under thevarious processes discussed earlier, namely:■ Private mediation, negotiation and similar processes (referring toprocedures within the workplace setting)■■Arbitration (referring to a procedure done outside the workplacesetting wherein a third party, the arbitrator, is called to help insettling the issue)Litigation (referring to a procedure done outside the workplacesetting that particularly involves the National Labor RelationsCommission, a quasi-judicial body)The usual mechanism is through the existing grievance procedure withinthe workplace setting. If this fails, the ultimate recourse is compulsory orvoluntary arbitration. Which mechanism to take would depend on whetheror not the employee is a member of a union in the company, and whetheror not said union has an existing Collective Bargaining Agreement (CBA).Figure 2 “Flowchart of various options for aggrieved employees” showsthe steps that an aggrieved employee can take when seeking redress.A grievance is defined as any question arising from the interpretation orimplementation of an existing CBA, and those arising from the interpretationor enforcement of company personnel policies. Grievances arising fromCBA can be about non-economic issues (no-strike-no-lockout, unionsecurity, management security, check-off clauses, grievance procedures,etc.) or economic issues (wage rates, paid vacations, pensions, healthand welfare plans, penalty premiums and other fringe benefits, etc.). Asfor grievances involving company policies, these are most often inconnection to disciplinary actions imposed by management for certainreasons, such as absenteeism, dishonesty, theft, etc.A grievance procedure, at the least, must spell out the following:1. Who to approach when bringing a grievance. For unionmembers, this could be the union steward. For non-union members,it could be the company’s human resources officer.34 SEEKING REDRESS FOR HIV-RELATED VIOLATIONS OF HUMAN RIGHTS