A grievance usually involves two parties the aggrieved party, the complainant, and the party against whom the grievance is laid, the respondent. If there are more parties involved the grievance has a collective nature with the parties sharing a common grievance. A grievance can be defined as gripes or feelings of discontent or dissatisfaction held by employees relating to poor or unfair treatment whether it be perceived or actual.
The purpose of the grievance procedure is aimed at promoting sound labour relations in the workplace. This relates to consistency, transparency and fairness in the handling of the grievance.
The employee shall lodge any grievance with his/her immediate supervisor. Should the supervisor not be able to solve the problem to the satisfaction of the employee the matter will be referred to the employer. The employer will have 14 days to resolve the grievance.
The grievance must be investigated properly whilst applying an open mind. The validity of the grievance must be factually related. Employers who receive grievances must ensure the employee is not mistreated in any way after lodgement of the grievance.
The grievance enquiry is seen as a means of dispute resolution between the complainant and the respondent. The parties involved in the matter can reach an agreement as to how the matter at hand should be resolved. In this instance where the dispute is successfully resolved internally, there is no reason for external dispute resolution or a disciplinary hearing.
On the flip side, the employee will only be able to resort to an external dispute resolution mechanism if the employer has failed to resolve the grievance.
ABOUT THE AUTHOR:
Johan Bekker completed his B.com (Law) degree at the University of the Free State thereafter he completed his LLB degree at the North-West University of Potchefstroom. He completed his articles and is duly admitted as a Legal Practitioner in the High Court of the Free State. Experience in labour law for 3 months.