Guidelines : Grievances

1. Grievances may be used by employees to raise work-related concerns, where there are no other remedies available to the employee. For example, an employee who is not happy with the outcome of his or her performance evaluation, should be encouraged to follow an internal grievance procedure.
2. Employees should be encouraged to first attempt to resolve grievances informally, however, in more serious circumstances, employees should be able to raise a formal grievance with the employer.
3. Employers may have a grievance procedure, to enable employees to raise issues of unhappiness in the workplace in order for these to be dealt with, either informally or formally. In the absence of a grievance procedure, the employee can still lodge a grievance which the employer should attempt to resolve informally or, where the grievance remains unresolved or is more complicated, a chairperson may be appointed to consider the matter formally.
4. A grievance procedure should include time limits. This includes the provision of a period of time in which the employee may lodge the grievance, and time periods for each step of the procedure.
5. Grievances may be lodged against the employee’s supervisor/manager, or against a fellow employee or employees.
6. Where the grievance is against the supervisor/manager, the procedure should make provision for the grievance to be lodged with the person to whom the supervisor or manager reports, or with Human Resources. In all other cases the grievance should be lodged with the immediate supervisor.
7. Human Resources (where possible) should always be available to guide an employee or point the employee in the correct direction to lodge a grievance.
8. If an employee or group of employees decide to withdraw their grievance, the employer may reserve the right, if warranted, to continue to investigate any issue that arises from that grievance.
9. An employer should not accept a grievance which is not related to the workplace, as an employer would not have the power to resolve such a grievance.
10. If the employee has personal problems that are not work-related, they should be referred to the appropriate external body for assistance, or to an internal Employee Assistance Program if there is one.
11. Grievances may not be lodged in circumstances where an employee is unhappy with disciplinary action or an incapacity / retrenchment procedure that has been taken against him/her. In such event, the employee may challenge the disciplinary action through an existing internal procedure (if applicable in terms of a Disciplinary Code) or the unfair labour practice provisions or other processes in terms of the Labour Relations Act 66 of 1995 (external procedure – referral to the CCMA or to a bargaining council that has jurisdiction).

How to manage the employment relationship when an employee has a grievance

Various mechanisms have been developed in our labour relations system to deal with conflict between employers and employees and the disputes that may arise as a result of the conflict.

The ultimate goal should be to get to a position where there are sound workplace relationships which contribute to productive and high performing workplaces. Employees should be protected from unfair and arbitrary action by employers and employers are entitled to satisfactory conduct and work performance from their employees.

Grievance and disciplinary procedures provide a mechanism for managing workplace conflict:

• A grievance concerns unhappiness on the part of an employee in connection with that employee’s work environment or relationships with others (colleagues or management) in the workplace.
• Discipline concerns unhappiness on the side of management with an employee’s conduct and capacity.

The aim of disciplinary and grievance procedures is to prevent and resolve conflict, settle disputes, protect both the interests of management and employees and to provide an in-house system for resolving issues and communicating in order to deal effectively with workplace disputes.

An employer should not accept a grievance which is not related to the workplace as an employer would not have the power to resolve such a grievance. If the employee has personal problems that are not work-related they should be referred to the appropriate external body for assistance.

A grievance cannot be used as the reason to implement disciplinary action against an employee, although the finding of the chairperson of a grievance hearing may very well be to recommend the initiation of disciplinary action against another employee or the complainant him/herself, if it is considered to be necessary.

Examples of valid grounds for grievances are:

• discrimination;
• victimisation;
• bullying;
• harassment of any kind e.g. sexual, physical, psychological, emotional, verbal; creating a toxic work environment; intimidation;
• provocation;
• abuse;
• lack of cooperation and support which impairs an employee’s ability to perform his or her duties;
• poor management;
• inadequate safety measures or equipment;
• a toxic work environment.

Ideally, unfair labour practice and alleged discrimination disputes referred by employees to the CCMA should be preceded by attempting to deal with the matter first at the workplace by lodging a grievance.

A grievance procedure may not be used for appealing against disciplinary action taken. If an employee is unhappy with disciplinary action that has been taken against him/her, the employee may challenge the disciplinary action and refer an unfair labour practice dispute to the CCMA or a bargaining council in terms of the Labour Relations Act 66 of 1995.

A formal grievance procedure should ideally be reduced to writing with clear time-limits and should specify the steps to be followed and the individuals that will be involved in dealing with and hearing the grievance lodged.

However, where an employer does not have a formal grievance procedure, grievances may be dealt with informally provided that the process is fair, transparent and impartial and the following guidelines are followed:

Basic steps in dealing with a grievance:

1. The aggrieved employee should lodge a grievance, preferably in writing, with an immediate supervisor. Should the employee be unfamiliar with the grievance process, employees should be advised to consult HR who should at least guide the employee or give direction with regard to this process.
2. Where the grievance is against the supervisor the procedure should make provision for the grievance to be lodged with the supervisor’s manager; in all other cases the grievance should be lodged with the immediate supervisor.
3. A grievance should be heard and settled as close to the point of origin as possible.
4. Once the grievance is lodged, management should appoint an individual to hear the grievance, preferably a person not involved in the issue complained of.
5. A hearing needs to be convened without delay, ideally within three to five days.
6. The person against whom the grievance is lodged should not be compelled to attend the meeting, but, in exceptional circumstances, given the opportunity to be heard in a separate meeting, if necessary.
7. It is important to ensure that the process is seen to be fair, transparent and impartial. However, where the grievance is of a sensitive nature, such as in the case of sexual harassment, the privacy of the grievant will need to be protected.
8. The aggrieved employee must be allowed to express the grievance freely and openly and to verify his/her version of events and may call witnesses if required.
9. The complainant must be asked what resolution s/he believes would be appropriate.
10. After hearing all interested parties, the person who hears the grievance must make a decision as to the most appropriate manner to deal with the grievance and give reasons for the decision.
11. The decision needs to be realistic and achievable. Ideally the outcome of the grievance proceedings should be provided by no later than two days after the hearing.