At Synergy HR, we like to make sure you are up to date with information in the employment world. The first question is what is a grievance procedure? It is an official process for dealing with a complaint raised by an employee against their employer regarding treatment believed to be wrong or unfair.
1.1 Purpose of Grievance Procedure
- The purpose of the grievance procedure is to allow an employee or employees to bring to the attention of management of the Company any dissatisfaction or feeling of injustice which may exist in respect of the workplace. The Company will attempt to resolve the grievance in a manner, which is acceptable to the employee(s) concerned and the Company.
- A grievance pertains to any dissatisfaction with regard to matters, which are directly related to the employment relationship, which exists between the Company and the employee/s concerned.
- This grievance policy and procedure shall not be used to negotiate new or changes to conditions of employment.
1.2 Policy
1.2.1 It is the policy of the Company that: –
- an employee/s who lodges a grievance, will not be prejudiced in his/her employment with the Company;
- all grievances should be resolved at the earliest possible stage and as expeditiously as is practically possible at the point where the grievance originated;
- it is line management ‘s responsibility to ensure that the grievance procedure is adhered to;
- the employee/s shall be entitled to be assisted by a fellow employee in the grievance procedure.
- If the grievance concerns a group of employees, the group will select 2 employees to act on its behalf.
1.3 Procedural Stages
The following participants will be involved in the following stages of the procedure: –
Stage 1: Immediate Direct Report of the aggrieved employee/s.
Stage 2: Direct Report of the person who considered the grievance at the first stage/hearing
1.4 Procedure at each Stage 1.4.1 Stage 1
- The employee/s concerned should approach his/her/their immediate Direct Report and verbally convey the grievance.
- The grievance should be resolved as soon as practically possible but in any event, addressed within 3 working days from the time subsequent to it being raised with the Direct Report;
- If the grievance is not resolved or addressed within the period in (ii) above, the employee/s may proceed to the next stage.
1.4.2 Stage 2
- The aggrieved employee/s should request a meeting with the Direct Report of his/her /their immediate superior, indicating the nature of the grievance on a grievance form.(Annexure A)
- The responsible person to whom the grievance is directed shall address the grievances as soon as is practically possible but in any event, not later than 10 working days after being notified of the grievance.
- The responsible person to whom the grievance is directed may address the grievance in writing or request that a grievance meeting is held. At such a meeting, the following persons may be present: the employee/s concerned, the employee/s representative and such witnesses as may be necessary.
- The person presiding over the grievance hearing/meeting shall attempt to resolve the grievance within 10 working days from the date of the grievance meeting.
- This is the final stage in the grievance procedure. The decision of the responsible person to whom the grievance is directed will be final.
- If the grievance remains unresolved after this stage, the employee may invoke procedures provided for by employment legislation or the common law. The aggrieved employee/s may only resort to an external dispute resolution mechanism if the Company has failed to resolve the grievance