Categories

Grievances

Employee Relations – Grievances

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Blueprint Summary

The Grievances Blueprint will illustrate the process that needs to be followed for the employee to successfully submit a grievance and the resolving of the submitted matter.

Submitting a Grievance – First Attempt

The employee should attempt to resolve the grievance verbally and informally by raising it with the person who gave rise to the grievance. If the attempt was unsuccessful, the employee should raise the grievance with the employee’s direct Line Manager.

The Line Manager should resolve the grievance within five working days of submission. If the grievance is not resolved to the employee’s satisfaction, the employee may proceed to the Second Attempt.

If this is not appropriate or if it is unreasonable to expect the employee to submit a grievance to the Line Manager as a First Attempt (e.g. where there may be sexual harassment charges against the line manager), the employee may proceed directly to the Second Attempt.

 

Submitting a Grievance – Second Attempt

The employee should complete a grievance form and submit it to the HR Department/ HR Representative.

Once submitted, the HR Department/ HR Representative should schedule a formal grievance hearing. The Hearing should be attended by the employee, the Line Manager, and the HR Department/ HR Representative.

The parties should use their best endeavors to attempt to resolve the grievance within ten working days. The HR Department/ HR Representative should use an appropriate procedure to resolve the grievance which could include facilitation, mediation, arbitration, an investigation to establish facts or any other procedure which may be appropriate in the circumstances.

Submitting a Grievance – Third Attempt

Should the employee still feel aggrieved, the employee can then exercise any rights he or she may have in law in terms of:

  • If the employee believes that the employer has committed an unfair labour practice as defined in section 186(2) of the Labour Relations Act (LRA), he or she can refer a dispute to the CCMA, within 90 days of the date of the act or omission which allegedly constituted the unfair labour practice or, if it is a later date, within 90 days of the date on which the employee became aware of the act or omission, for conciliation followed by arbitration, if the matter is not settled during the conciliation.
  • If the employee can prove that the failure to resolve the grievance has made continued employment intolerable, he or she can resign and claim unfair dismissal (“constructive dismissal”).
  • If the grievance concerns a matter of mutual interest and involves more than one employee, the aggrieved employees can engage in strike action after following the procedure contained in section 64(1) of the Labour Relations Act.

 

Process flow

Process Specification

Process Owner

Stakeholder(s)

Recording Requirements

Reporting Requirements

The person that is accountable for this specific process.

All parties that have a vested interest in this process.

Requirements that need to be recorded during this process. What, How, Where.

Requirements that need to be stored during this process. What, How, When, Where.

Storage Requirements

Audit Requirements

Notifications

Reminders

Requirements that need to be reported on during this process. What, How, When, Where.

Requirements that need to be met in to comply with Auditing Regulations.  What, How, When, Where & Type of Audit Requirement.

Any Notifications that need to be Generated and/ or Actioned During this Process.

Any Reminders that need to be Generated and/ or Actioned During this Process.

Transparency & Communication

Knowledge & Skills

Legislation & Governance

Workflows

 Any Transparency, Communication & Distribution Requirements needed for this Process.

 Any Knowledge & Skills required to successfully complete this process.

Any Legislation, Bodies, Processes, Policies that Govern this Process.

Are there any Workflows that drive this Process? This can be Manual or NFE Workflows.

Templates, Forms & Policies

System

S.A. Board for People Practices

Links to Templates, Forms & Policies that are either to be used for application or as Guidelines to meet minimum requirements for this Process

Links and Process within a system that directly relates to this Process.

Does this Process Align with SABPP. This can either be Fully, Partially or Not at All.

The Process

Inputs are all of the Elements deemed necessary to complete the process successfully.

  • Submission of Completed Grievance Form.

Tasks are the Step-by-Step Actions to be taken to complete the Process.

  • Grievance Resolved

Tasks are the Step-by-Step Actions to be taken to complete the Process.

  • Submitting a Grievance – First Attempt
    The employee should attempt to resolve the grievance verbally and informally by raising it with the person who gave rise to the grievance. If the attempt was unsuccessful, the employee should raise the grievance with the employee’s direct Line Manager.

    The Line Manager should resolve the grievance within five working days of submission. If the grievance is not resolved to the employee’s satisfaction, the employee may proceed to the Second Attempt.

    If this is not appropriate or if it is unreasonable to expect the employee to submit a grievance to the Line Manager as a First Attempt (e.g. where there may be sexual harassment charges against the line manager), the employee may proceed directly to the Second Attempt.

  • Submitting a Grievance – Second Attempt
    The employee should complete a grievance form and submit it to the HR Department/ HR Representative. The Grievance should always contain:
  • Summary of the grievance
  • Steps which have already been taken to resolve the grievance
  • Possible remedies.

    Once submitted, the HR Department/ HR Representative should schedule a formal grievance hearing. The Hearing should be attended by the employee, the Line Manager, and the HR Department/ HR Representative.

    The parties should use their best endeavors to attempt to resolve the grievance within ten working days. The HR Department/ HR Representative should use an appropriate procedure to resolve the grievance which could include facilitation, mediation, arbitration, an investigation to establish facts or any other procedure which may be appropriate in the circumstances.

  • Submitting a Grievance – Third Attempt

     Should the employee still feel aggrieved, the employee can then exercise any rights he or she may have in law in terms of:

  • If the employee believes that the employer has committed an unfair labour practice as defined in section 186(2) of the Labour Relations Act (LRA), he or she can refer a dispute to the CCMA, within 90 days of the date of the act or omission which allegedly constituted the unfair labour practice or, if it is a later date, within 90 days of the date on which the employee became aware of the act or omission, for conciliation followed by arbitration, if the matter is not settled during the conciliation.

  • If the employee can prove that the failure to resolve the grievance has made continued employment intolerable, he or she can resign and claim unfair dismissal (“constructive dismissal”).

  • If the grievance concerns a matter of mutual interest and involves more than one employee, the aggrieved employees can engage in strike action after following the procedure contained in section 64(1) of the Labour Relations Act.

END OF PROCESS