Guidelines : Grievances
- Grievances may be used by employees to raise work-related concerns, where there are no other remedies available to the employee.
- Employees should be encouraged to first attempt to resolve grievances informally, however, in more serious circumstances, employees should be able to raise the 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.
- 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. In all other cases the grievance should be lodged with the immediate supervisor.
- 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.
- 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 of the Labour Relations Act 66 of 1995 (referral to the CCMA or to a bargaining council that has jurisdiction).