Grievance procedure and form

GRIEVANCE PROCEDURE

1. DEFINITION

A grievance is any dissatisfaction or a feeling of injustice in connection with an employee’s or a group of employees’ employment situation and which merits the formal attention of Management at any level, as it has not been resolved informally.

2. GENERAL PRINCIPLES
   • Any employee who has a grievance is entitled to make use of the grievance procedure.
   • The purpose of the grievance procedure is to enable employees to have their grievances resolved fairly, quickly and as close to the point of origin as possible.
   • Employees may lodge grievances without fear of victimization. The Company assures employees that they will not be prejudiced in any way as a result of using the grievance procedure.
   • Any employee lodging a grievance in terms of this procedure is entitled to representation by an employee representative, provided that such person agrees to represent the employee.
   • Normal earnings will be paid to employees and their representatives for time spent in resolving grievances that follow the provisions of this procedure. Should an employee representative be required to spend time outside normal working hours overtime rates shall apply.
   • Each step in the procedure shall be subject to stipulated time limits. It is however accepted that these limits may be varied by mutual agreement or in relation to the availability of a person involved in the process.
   • This procedure may not be invoked as a result of any disciplinary action taken in accordance with the Company’s Disciplinary Code and Procedure.

• STAGES OF PROCEDURE
  • Stage 1:           Immediate Supervisor
    • An employee with a grievance should (other than of the grievance related directly to his immediate supervisor) first report the grievance to his immediate supervisor verbally. The supervisor must endeavour to resolve the grievance and communicate the outcome to the employee within three (3) working days.
    • In the event of the grievance not being resolved to the satisfaction of the employee within three (3) working days, or in the event of the grievance relating directly to his immediate supervisor, the employee may refer the grievance to an employee representative. The purpose of such referral is to seek their advice. The employee may, accompanied by the employee representative approach the immediate supervisor, who will make a further attempt to resolve the grievance. It must be understood that this process is designed to give the supervisor every opportunity to resolve the issue and to prevent the grievance from escalating into a conflict situation. If this step fails the HOD (Department Head / Occupational Coordinator should be informed and should call a meeting to resolve the issues at hand.
    • The employee is however entitled to proceed to Stage 2 if it is felt that no purpose would be served by discussing the matter with the supervisor again.

• Stage 2:           Next level
  • The employee must invoke Stage 2 within five (5) working days of having received a response from the Supervisor/HOD in respect of Stage 1.
  • A grievance form (Form 1) must be completed and signed by the employee and the employee representative (if the employee has requested such involvement). The duly completed Form 1 should be handed to the next level namely the HOD (Department Head or Occupational Coordinator) and the HR Manager.
  • The employee, accompanied by the employee representative and/or the HOD (Departmental Head or Occupational Coordinator) must then approach the HR Manager, who shall endeavour to resolve the grievance.
  • The HOD or HR Manager shall be required to provide a written response to the grievance on Form 2. If the grievance is not settled to the satisfaction of the employee within five (5) working days, Stage 3 shall be invoked.

• Stage 3:           General Manager or Designated Manager
  • The grievance form (Form 1) completed at Stage 2 shall be handed in by the employee and the employee representative to the HOD (Department Head / Occupational Coordinator) and the HR Manager will then hand the form over to the CEO and the Management Committee for a final resolve of the grievance.
  • The CEO and Management Committee shall within five (5) working days of the receipt of the grievance form, hold a meeting in an attempt to resolve the matter.
  • This meeting may be attended by the aggrieved employee, the representative (if required), the immediate supervisor, the HOD (Department Head / Occupational Coordinator), the HR Manager and the CEO. The CEO will determine the parties that will contribute to the constructive resolution of the grievance and require their attendance. The CEO will chair the meeting.
  • The CEO will record his/her response in writing using Form 2 and provide his/her response to the employee within two (2) days of the meeting.
  • The meeting procedure may include any of the following steps:

3.3.5.1 An investigation carried out by the management into the facts of the case in preparation of the meeting;

• The parties shall agree the time, date and venue for the meetings. Every endeavour shall be made to ensure that this time period meets the relevant time periods but reasonable extensions must be fairly considered if necessary.
• The employee shall inform the chairperson should there be a need to use the services of an interpreter, prior to the meeting.
• The chairperson of the meeting will be responsible for the process followed in the meeting. In this regard he or she should consider the following processes:
  • All relevant information is made available to the parties prior to or at the meeting for consideration;
  • All relevant witnesses (if applicable) which the parties may wish to call are notified in accordance to be available at the time of the meeting;
  • The employee and the Company or their representatives have an opportunity to present their case fully and to ask questions of each other’s witnesses;
  • Minutes of the meeting are taken in summary form
• The chairman shall submit the written solution to the appropriate person in terms of the requirements of the relevant stages of the procedure.

Download Grievance Form Template

GRIEVANCE FORM TEMPLATE

Download Grievance Form Template