Although many organisations do not see the necessity in putting a proper Grievance Procedure in place, much to their detriment, it is essential to have one; and more importantly, to understand its purpose and applications. So what is a Grievance Procedure?

The purpose of the grievance procedure is to allow the employee(s) to communicate with/to the business owner/manager any feeling of dissatisfaction, unfairness or injustice which may exist in respect of the workplace. It is aimed at promoting fair labour practice and excellence in labour/ employee relations. You will also find that a grievance procedure increases employee morale, as the employee feels heard, respected and makes it clear that the business is, in fact, committed to fair labour practice and transparency.

The procedure is one which must be transparent and standardised within its application and investigation to ensure consistency, and must allow that any/all employees have the freedom and ability to lodge a grievance without fear of intimidation, victimisation and discrimination. The investigation and resolution (outcome) of the grievance must be objective, free from bias, free from prejudice and based on facts, evidence, labour law and the true reality of the situation and the workplace.

However, this procedure must be clearly understood in order for it not to be incorrectly used or abused.

• The grievance procedure cannot be used as a platform for wage, salary or contract negotiation.
• It is important for employees to understand that just because they have lodged a grievance, it does not automatically imply or result in their desired outcome.
• Employees cannot use the procedure to further their career or get someone into trouble.
• Employees cannot use the grievance procedure as a tool of manipulation to avoid doing their job or complying with a lawful instruction.
• It is important for Employers to understand “We have an open-door policy” is not a policy unless you have an official grievance policy and procedure.

There should also be other procedures and policies in place to ensure that the grievance procedure is supported. Some of these policies, for example, should include a disciplinary code which outlines offences related to honesty as a serious misconduct which may result in dismissal. This will caution employees against falsely accusing another employee or their manager within their grievance for the purpose of upset, revenge or gain.

We often have cases where a grievance procedure has failed an organisation, however, this is often due to a lack of understanding, or a failure from management to apply it consistently. A grievance procedure will fail:

• When the individual responsible for investigating the lodged grievances is biased, subjective, prejudice.
• When the procedure is not transparent and is inconsistently applied by the company or its management team.
• When lodged grievances are filed and not investigated.
• When a lodged grievance has been investigated but the outcome is not communicated to the aggrieved employee.
• When there are unnecessary and unjustifiable time delays within the investigation and communication stage.

If you think that your company can continue to run effectively and efficiently without a grievance procedure in place, we advise you to proceed with caution, as this can result in more serious operational and legislative risks to the company. A grievance procedure allows companies the opportunity to try to find a resolution which all parties understand and agree with. It allows the business owner or the management team to solve a problem before it escalates to an external dispute or litigation matter, and mitigates referrals to the CCMA, as it is an internal dispute resolution.

An employee has the right to refer a grievance to the CCMA, especially if the grievance was lodged and there was no attempt to resolve it or if the channel of a grievance procedure does not exist and he/she feels his/her right has been violated with respect to fair labour practice; and therefore if not managed correctly, will lead to further issues at the CCMA. Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with sections 185 and 186(2) of the Labour Relations Act, 66 of 1995 provides that everyone has the right to fair labour practices.

If you need help putting together an effective grievance procedure and disciplinary code in place in your company, we advise you to speak to Alignment Consulting to assist you with this. We can further guide you in setting up several other policies and procedures which can save your company at the CCMA. Contact us today for more information.