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.
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.
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.
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.
Grievances may be lodged against the employee’s supervisor/manager, or against a fellow employee or employees.
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.
Human Resources (where possible) should always be available to guide an employee or point the employee in the correct direction to lodge a grievance.
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.
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, or to an internal Employee Assistance Program if there is one.
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).
