In South Africa, workplace grievances are an integral part of labour law. This part of labour law ensures that disputes between employees and employers are addressed constructively and fairly. Generally, grievances can be about unfair labour practices, discrimination in the workplace, and other employment conditions. Understanding the legal framework governing these grievances is crucial for employers and employees to promote a harmonious workplace environment.

The Labour Relations Act 66 of 1995 (“LRA”) is one of the laws governing employment law and sets out the rights of employees and employers, and provides mechanisms for resolving labour disputes. Another vital piece of legislation is the Basic Conditions of Employment Act 75 of 1997 (“BCEA”), which establishes the minimum conditions of employment. The BCEA outlines standards for working hours, leave entitlements, and remuneration, among other terms of employment. The Employment Equity Act 55 of 1998 (“EEA”) addresses discrimination and promotes equal opportunity in the workplace. It also focuses on eradicating unfair discrimination and implementing affirmative action to redress historical inequalities.

What is a grievance?

A grievance is any dissatisfaction or feeling of unfairness or injustice by an employee regarding some aspect in the workplace. Some of the examples are as follow:

  • Unfair labour practices: These include any unfair conduct by the employer relating to promotion, demotion, probation, training, or benefits. The LRA provides for the rights of employees to fair labour practices and establishes the Commission for Conciliation, Mediation, and Arbitration (“CCMA”) as a forum for resolving such disputes.

  • Discrimination: Discrimination based on race, gender, disability, religion, or any other arbitrary ground is prohibited under the EEA. Grievances related to discrimination can be reported to the CCMA or the Labour Court if not resolved internally.

  • Harassment and bullying: Workplace harassment, such as sexual harassment and bullying, is a serious grievance addressed through internal policies and procedures. Employers are required to create a safe working environment and promptly address complaints.

  • Breach of contract: Issues arising from the breach of employment terms are common grievances. Employees can lodge a complaint if the employer fails to adhere to the agreed terms regarding their salary, working hours, or other contractual obligations.

  • Health and safety concerns: Employers have a duty to provide and maintain a safe working environment. Grievances in this category often involve unsafe working conditions or inadequate safety measures.                                           

What procedure must be followed to lodge a grievance?

The first step of a grievance process usually begins in the workplace. Employees are encouraged to address their grievances by following an internal grievance procedure, which generally involves the following steps:

  • Lodging the grievance: Employees should document their grievances and submit them to their immediate supervisor or the Human Resources (“HR”) department. Clear and factual documentation is crucial.

  • Investigation: The employer may investigate the grievance lodged to gather facts and understand the context of the dispute. This might include interviewing witnesses or reviewing relevant documents.

  • Formal meeting: A meeting may be arranged between the employee and management or HR to discuss the grievance. During this meeting, both parties can tell their side of the events that led to the grievance, as well as the possible outcome required.

  • Resolution and feedback: After evaluating all the relevant information, the employer provides feedback and proposes a resolution. If the grievance is resolved satisfactorily, it is documented, and the matter is considered closed.

  • Escalation: If the matter remains unresolved, it can be escalated internally or externally by following the correct legal procedures and approaching the relevant forum, such as the CCMA or relevant bargaining council.

What if there is no HR department?

In some smaller organisations, the employer might not have a separate HR department. However, irrespective of whether an organisation has an HR department, all employees are entitled to fair treatment and protection from victimisation in the workplace. If the employer or its personnel do not observe these fair labour practices, the aggrieved employee may submit a letter detailing their grievance to their senior manager or employer. The letter may outline suggestions on how to resolve the matter. This will serve the same purpose as a grievance procedure does and the organisation should follow similar procedures as set out above.

Conclusion

Addressing workplace grievances is critical for maintaining a productive and motivated workforce. Unresolved grievances can lead to decreased job satisfaction, increased turnover rates, and even legal challenges that can be costly. Employers are encouraged to establish clear grievance policies and ensure that their personnel are trained to handle complaints sensitively and impartially. Employees should equally be aware of their rights and the appropriate channels for initiating grievances. Workplace grievances should be addressed fairly and without prejudice to the parties to a dispute. By fostering an environment of open communication and accountability, both employers and employees can contribute to a positive and dispute-free workplace.

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