The objectives of the grievance procedure may be summed up as follows: To create an opportunity for the employee to communicate with management. Applicant alleges automatically … ” 10 INTRODUCTION. The aggrieved employee must be duly informed by the designated employee about the status and progress made towards the resolution of the grievance. the Constitution, to consider grievances of the employees in the public service. Let's first look at some of the most common types of employee and workplace grievances. the Republic of South Africa, 1996 (Act No. An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. In the absence thereof, the employer will need to prepare and secure a further consent from the employee. Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. The grievance will not be resolved until the employee indicates such. not in accordance with established rules; where people are treated irrationally – i.e. 7.3.18. We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library. 11 Na imina Workplace INTRODUCTION Before 1994, the … Should the grievance remain unresolved, the employee has the right to declare a dispute. TYPES OF GRIEVANCES 1. To advertise email advertising@creamermedia.co.za or click here, Polity.org.za is a product of Creamer Media.www.creamermedia.co.za, Other Creamer Media Products include:Engineering NewsMining WeeklyResearch Channel Africa, Sign up for our FREE daily email newsletter. Most grievances are not dealt with properly, mainly because managers are not aware of the basic principles of dealing with grievances. 14 of 2002 which provides as follows: A grievance process should not be used as a parallel mechanism to appeal or review complaints or feeling of injustices which arise out of a disciplinary process. An employee must not be victimised or prejudiced directly or indirectly as a result of lodging a grievance. If the employer fails to respond to a grievance within the stipulated period, the employee may lodge the grievance with the Commission, PSCBC or the relevant Bargaining Council. Na imina Workplace South Africa remains one of the most unequal countries in the world, and the occurrence of discrimination in the workplace remains considerably high, emphasising that the enactment of legislation and policies alone is not enough to prevent and eliminate discrimination in practice. Ombudsman: an investigator looks into grievances concerning an organization or government body that has handled a situation unjustly. where one person or group of people is favoured over another on the basis of irrelevant criteria; where people are treated arbitrarily – i.e. To ensure that complaints are effectively dealt with by management. In the circumstances it is advisable for employees’ written consent to be secured. The grievance should […] We also classify grievances according to who is affected. To create an opportunity for the employee to communicate with management. or an employer has not respected or has infringed a right which he has. The aggrieved employee must be duly informed by the designated employee about the status and progress made towards the resolution of the grievance. A grievance of right occurs when an employee claims that the employer has not given him what he is entitled to (by legislation, collective agreements, conditions of service, employment contract, established practice, etc.) An employer should ensure that it short-lists as many suitably qualified applicants from designated groups as possible. Grievances may be categorised in two forms, i.e. Shared below are 5 of the most common employee grievances that might be getting viral in your department. PURPOSE. a grievance of, Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “, 2020 has given rise to many challenges for employers. entrenched inequalities and patterns of discrimination persist in South Africa, including in the workplace. 1. For more information, kindly contact Magate Phala at emailProtector.addCloakedMailto("ep_0fbb394c", 1); POPI and consent - don’t get caught in your own net, By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr. If the employee is unhappy about the outcome of a disciplinary process, the employee concerned may internally appeal against such outcome (short of dismissal) and if the appeal is unsuccessful then declare an Unfair Labour Practice dispute directly with the CCMA or relevant Bargaining Council. Government and Nehawu agree more talks are needed to address workers' grievances. Ombudsman services are offered free of charge. The Company accepts that it is in the mutual interest of the organisation and its employees that a formal procedure exists to bring grievances to the attention of the management without fear of discrimination or victimisation. In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. consistency, transparency and fairness in the handling of workplace problems and complaints. Most of the grievances related to unfair treatment such as sexual harassment, while 145 grievances were about salary issues e.g. Grievances may be categorised in two forms, i.e. Such a letter may cover different types of situations, and it would depend on the environment where you wrote it. Effective Management of Grievances in the Workplace. At the same time, its public sector has also changed, becoming more representative of the diverse backgrounds and needs of the South African people. Individual employment agreements are negotiated by an employer and an employee; they should discuss the terms and conditions of employment fully and put these in the employment agreement before the employee starts work. At this stage, all informality is cast aside … There are those employers who are too soft and make a ruling on a grievance without establishing whether the complaint holds any merit, and then there are those employers who ignore grievances and tend to victimise the employee who lodged the complaint. Not only is this unprofessional, but it could cause grievances to escalate when employees feel they do not have a voice. REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 620/2011 In the matter between: BARBARA DE KLERK Applicant and CAPE UNION MART INTERNATIONAL (PTY) LTD Respondent Heard: 30 May 2012 Delivered: 12 June 2012 Summary: Dismissal after lodging grievance. Employees should be entitled to bring their grievance to the attention of management even if it is done in stages. The grievance procedure is also intended to empower employees with the opportunity and procedure to be able to raise issues of dissatisfaction with the employer. One cornerstone of this success was how the ANC/SACP/COSATU alliance effectively used the workplace in its struggle for political freedom and labour democracy. Written consent is not expressly required. or an employer has not respected or has infringed a right which he has. For a real grievance to have occurred there must have been a violation of an employee's rights on the job. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Types of grievances in the workplace In this guide we describe each kind of dismissal, how employers need to carry them out, and what you can do about it. Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “Employment Rights” second edition (Juta, 2014) at pages 114-115, adequately summed up the hallmarks of “Unfair Conduct” as follows: The purpose of a grievance procedure is aimed at promoting sound labour relations in the workplace, i.e. Introduction a grievance of right and a grievance interest. Written by Magate Phala, who specialises in Labour Law and writes in his private capacity. Workplace: Any place where employees are expected to work as required by University of Fort Hare either in or outside South Africa. Grievances may be categorised in two forms, i.e. Escalate the issue to the HR department if the above fails. Lack of Transparency in Communication. The Constitution is the supreme law of the land, binding on all organs of State at all levels of government. Something has made them feel dissatisfied, and they believe it is unfair and/or unjust on them. An employee may be assisted by a fellow employee or a representative or official from a recognised trade union. The grievance procedure is also intended to empower employees with the opportunity and procedure to be able to raise issues of dissatisfaction with the employer. a grievance of right and a grievance interest. 5.3.5 Immediate superior: is a person to whom the grievant(s) report(s) or any other person who is senior in grade or level to the grievant(s) who is duly authorised to attend to the grievance. Ask employees round the globe about their foremost concern in the workplace and clarity in communication will … Read our step-by-step guide to mediation and conflict resolution in the workplace below. South Africa has been dubbed "the protest capital of the world", with one of the highest rates of public protests in the world.. Note: Search is limited to the most recent 250 articles. South Africa successfully completed a political transformation in 1994. South Africa . Where necessary provisions should also be made specifically for the processing of special personal information. To create awareness of employee problems or problem areas, which management needs to address. 108 of 1996) and section 35 (1), (2) and (3) of the Public Service Act, 1994 (as amended) drafted Rules for dealing with grievances of Senior Management Service (SMS) members in the Public Service set out hereunder. Grievances should generally be managed by line Management, however, other staff, for example, the Human Resources Manager, may act in an advisory capacity. Effective Management of Grievances in the Workplace. An employer should not rely on second hand knowledge or assumptions about the type of work the applicant may be able to do. South Africa is a State founded on the principles of a constitutional democracy. General principles to consider when handling grievances according to Bandix, 1996:350 are: Employees should be entitled to bring their grievance to the attention of management even if it is done in stages. Dismissal is the term used to describe the termination of your employment. In South Africa, ADR has not only been formalised, but has also been made compulsory as part of the transformation of the South African labour relations system after 1994. Where practicalities militate against a group grievance being dealt with as a group, the group must elect a spokesperson(s) that will act on behalf of the group. POPI distinguishes between the collection, storage and processing of personal information and special person information. A grievance process should not be used as a parallel mechanism to appeal or review complaints or feeling of injustices which arise out of a disciplinary process. An overview of dealing with grievances in the workplace. Your password will be sent to this address. Special personal information includes e.g. GRIEVANCE PROCEDURE. 7.3.19. What is a Grievance? South Africa: Understanding Constructive Dismissal ... Internal Grievance Procedures. Grievances should generally be managed by line Management, however, other staff, for example, the Human Resources Manager, may act in an advisory capacity. See also a Court decision in Mackay v ABSA and another (2000) 21 ILJ 2054 (LC). Meaning that junior officers are not 75 of 1997) (BCEA). 1. personal grievances in the workplace and provide a procedure to follow in the event a personal grievance arises. To prevent disputes from arising in the workplace. The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. This would cover instances where e.g. This situation is worsened by the ineffective handling of such dissatisfactions resulting in delays in the finalisation of cases. Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. separate emails by commas, maximum limit of 4 addresses, Effective Management of Grievances in the Workplace, ARTICLE ENQUIRY      Hunger Strike: Strike in which the employees go on fasting, near the workplace or at the residence of the employer, to force him/her redress their grievances is called hunger strike. Types of Strike. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee. A grievance of right occurs when an employee claims that the employer has not given him what he is entitled to (by legislation, collective agreements, conditions of service, employment contract, established practice, etc.) Are employers aware of the three basic principles around grievances in the workplace? (d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act (Act 26 of 2000), on account of the employee having made a protected disclosure defined in that Act. The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. on the basis of unproven or untested views and suppositions; where people are penalised or denied an advantage without being able to state their case. A grievance may be defined as any feeling of discontent, unfairness or injustice which an employee may have in respect of his work conditions, against his manager or supervisor, including a fellow worker and which is brought to the attention of Management. In accordance with article 09 of the South African Constitution, all persons are equal before law and there can't be any discrimination on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. In, Both special and general personal information may be processed lawfully if the processing is necessary for the “, A determination is made as to whether there is a “. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?”. grievance procedure at work, its fairness and objectivity will be tested and discuss further in detail in this research. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees. In many cases, it may be necessary to intercept an employee’s electronic communications on his/her work email or to consider documents saved to his/her work computer. Also, it must have been the employer or one of his/her agents -- like a supervisor or manager -- who has violated these rights, directly or indirectly. Some processes naturally lend themselves to certain types of grievances and party relationships. It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. Reciprocity. Although the Labour Relations Act contains no definition of the word “unfair”, Professor John Grogan in his book entitled “Employment Rights” second edition (Juta, 2014) at pages 114-115, adequately summed up the hallmarks of “Unfair Conduct” as follows: where one person or group of people is favoured over another on the basis of irrelevant criteria; where people are treated arbitrarily – i.e. Employers have the common law duty to provide a safe and healthy workplace. A grievance must be lodged in writing with an employee designated to facilitate the grievance resolution in the department within 90 days from the date in which the employee became aware of the official act or omission which adversely affected him/her. WHERE DO GRIEVANCES COME FROM? REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 620/2011 In the matter between: BARBARA DE KLERK Applicant and CAPE UNION MART INTERNATIONAL (PTY) LTD Respondent Heard: 30 May 2012 Delivered: 12 June 2012 Summary: Dismissal after lodging grievance. GRIEVANCE RULES FOR THE PUBLIC SERVICE A. DEFINITIONS In this procedure, unless the context indicates otherwise- “Commission” means the Public Service Commission established in terms of section 196[1] of the Constitution; “Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. The employer must ensure that the grievance is dealt with in a fair, impartial and unbiased manner and that the principles of natural justice are observed. To render disciplinary proceeding more acceptable since employees also have the means of objecting to management performance. Time limits should be established for each of the steps within the procedure. Where it is evident that two or more staff members have the same grievance, the staff members may elect to have the grievance dealt with as one. To ensure that complaints are effectively dealt with by management. Wage Grievance- failure to pay agreed rating including: starting pay automatic increase merit increase improper classification of job employee wrongly classified shift premium vacation pay or bonus call-in pay improver incentive or piece rate. By Magate Phala 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. This includes but is not limited to University property, Hostels, vehicles, Institutes, etc. They meet employers on a regular basis for consultation on workplace issues. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. ARTICLE ENQUIRY, To subscribe email subscriptions@creamermedia.co.za or click here Labour Guide. However, in the South African Police Services, due to the nature of their protocol which emphasised on the seniority dominated by rank structure, creates an environment of inequality. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. If the employee is unhappy about the outcome of a disciplinary process, the employee concerned may internally appeal against such outcome (short of dismissal) and if the appeal is unsuccessful then declare an Unfair Labour Practice dispute directly with the CCMA or relevant Bargaining Council. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special, It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. To address this, the employee may approach his line manager to have his grievance resolved fairly, quickly and at the earliest possible stage. The Commission for Conciliation, Mediation and Arbitration (CCMA) is one institution that was created with high expectations and is specifically tasked with ADR-type processes. Individual employment agreements. Therefore, the legislation also covers employees who work partly outside South Africa and partly inside South Africa and outside the country. Introduction 1.1.Any employee who has a grievance is entitled to make use of the Grievance Procedure. The Grievance Procedure is available to any staff member that has a grievance in the work situation. Special personal information includes e.g. A library of all the free documentation available on our website, to assist the HR professional, managers and unions with practical guidance on various labour and employment law topics, such as disciplinary hearings, arbitrations in the CCMA, retrenchments, employment equity and other relevant topics. A grievance may be defined as any feeling of discontent, unfairness or injustice which an employee may have in respect of his work conditions, against his manager or supervisor, including a fellow worker and which is brought to the attention of Management. The act of deleting information from a work computer does suggest the intention to conceal information relating to allegations of misconduct. South African women participated in the anti-apartheid and liberation movements that took hold of South Africa. Email advertising@creamermedia.co.za, Deepening Democracy through Access to Information, South African Institute of International Affairs. or an employer has not respected or has infringed a right which he has. A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions. Types of Grievances ns:G:\Education\grievancetypes.doc Page 1 of 1 A steward can classify grievances according to where they come from and how they arise. A proper grievance procedure aims to resolve the employee's grievance as speedily, and as close to its point of origin, as possible. 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