Grievances – The way to resolve my issue at work…or not!

A grievance in laymen terms is defined in the Oxford Dictionary as a “real or imagined cause for complaint; something believed to be wrong or unfair; a feeling of resentment over something believed to be wrong or unfair.”

There is no legally binding process that you or your employer must follow when raising or handling a grievance at work, unless there is a workplace Grievance Policy (Policy) in place. A Policy will set out guidelines on the format and the processes. Having said this, it is always advisable that perceived unhappiness is addressed internal in an informal way between you and you’re your employer. Should this not be possible, then a formal grievance process should be followed.

Steps to follow:

In the instance that there is a Policy, the steps as per the Policy should be followed. This Policy might be incorporated in one of the following:

• company policies and procedures
• human resources (HR) or personnel manual
• HR intranet site
• employment contract

The Grievance Policy will set out the procedure and in simple terms the procedure would include the following steps:

1. writing a letter to your employer, briefly setting out the details of why you feel aggrieved;
2. a date and time when you want this issue to be resolved through a meeting between you and your employer;
3. your proposal in how the issue might be resolved.

The steps:

1. The Letter: Set out as much detail as possible with the ‘why’ you feel aggrieved. This should be factual with dates; names and specific scenarios/incidents. Set it out in a respectful manner and keep emotions out of the facts as far as possible;
2. The Meeting: Propose a date and time when you want the grievance to be resolved. Prior the meeting, gather your thoughts and be prepared. You may be presented by an internal representative in line with any internal Policies. During the meeting state your case in a respectful manner and address the issue as objectively as possible. Leave emotions out of it.
3. Resolution: Propose or suggest how you would want the issue to be resolved. During the meeting you should reiterate how you wish the issue to be resolved. Your proposal should not be irrational or undoable.

After the grievance Meeting:

Fairness dictates that your employer should provide you, without delay, with their decision and, where appropriate, what action they intend to take to resolve your grievance.

Unresolved Grievance

Should the decision taken by the employer not resolve your grievance or you are of the opinion that the process during the grievance procedure was unfair you do have recourse.

1. Internal Appeal: You may appeal the outcome of the grievance process internally if the Policy provides for an internal process. An appeal, as per previous articles, will be based on new evidence not available during the process; perceived bias/impartiality; or disagreement in terms of the outcome/resolution. An internal appeal is only applicable if provide for by a workplace policy. This was reconfirmed in the Labour Court in a dispute between City of Johannesburg Metropolitan Municipality and SAMWU obo Matsheka and others JR214/2016 [2017] (LC) when the court held that the outcome had to be appealed internally before it could be referred to an external Dispute Resolution Centre.
2. Dispute Resolution Centre or CCMA: The nature of your grievance will dictate the forum and recourse. For instance, should the grievance relate to harassment or victimization your recourse will be in terms of the Employment Equity Act 55 of 1998. Should the conduct of your employer be to the extent that it became intolerable, you might simultaneously pursue a constructive dismissal dispute in terms of the Labour Relations Act 66 of 1995.

Protection after a grievance in the workplace:

Lodging a grievance should not be the end of your employment or career path, you have a right to address perceived unfair conduct. In Mackay v ABSA and another [2000] 21 ILJ 2054 (LC) the court found it to be grossly unfair if an employer dismissed an employee for lodging a grievance.

Conclusion

The grievance procedure is intended to empower employees by providing a platform to resolve internal unhappiness; promoting sound labour relations in the workplace. Don’t be bullied, stand up! Familiarise yourself with the Internal Processes and know your rights!

MISA – Just a phone call or an e-mail away!

Kindly utilise the following e-mail addresses and links for assistance during this time: