Employment Relations 2

COERA2-B22

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 Nduvho Muthambi

Lesson 5

Grievance
Procedure
 Nduvho Muthambi

Week 3: Lesson 5
Grievance Procedure

By the end of this lesson, you should be able to:

• manage conflict and grievances in the workplace.

Prescribed Reading:
Nel, P. S. & Kirsten, M. (eds). 2020. South African Employment Relations: Theory
and Practice. 9th ed. Pretoria: Van Schaik. ISBN: 978 0627 03746 7
 Nduvho Muthambi

A gripe, a grievance, and a dispute

A gripe. A grievance, and a dispute

 Nduvho Muthambi

A gripe, a grievance, and a dispute

• Good, effective communication is a prerequisite for any organisation to be
successful. Just as it is important for management to share important
information with the employees (downward communication), management
also needs to be in touch with the feelings and the needs of the employees
(upward communication).

A gripe. A grievance, and a dispute

 Nduvho Muthambi

A gripe, a grievance, and a dispute

• Organisations need to create systems whereby the complaints and grievances
of employees can be brought to the surface and to management’s attention. If

the unhappiness and dissatisfaction of employees are not attended to, it can

accumulate to such an extent that they later might be expressed in other forms

such as high absenteeism rates, staff turnover, disputes or even strikes.

A gripe. A grievance, and a dispute

 Nduvho Muthambi

A gripe, a grievance, and a dispute

In terms of grievances, it is important to distinguish between the following

concepts:

• Complaint

• Grievance

• Dispute

A gripe. A grievance, and a dispute

 Nduvho Muthambi

A gripe, a grievance, and a dispute

Defintions of grievance:

• Grievance “as an occurrence, situation, or condition, either real or perceived

that justifies an employee to formally lodge the matter as warranting action to

address it. In the usual context of the employment relations system, a

grievance would constitute either a real or perceived breach of the terms or

expectations in terms of the employment contract and/or the employment

relationship more broadly speaking.”

A gripe. A grievance, and a dispute
 Nduvho Muthambi

A gripe, a grievance, and a dispute

Definitions of grievance:

• Grievances are those complaints initiated by employees or groups of

employees that relate to the work environment. Breaches of the contractual
relationship are often the primary source.

• A formal grievance as “a complaint, other than demands formulated by a

collective body, which is related to the employee’s treatment or position within
his daily working routine and which, because it may result in a dispute,
warrants the formal attention
A gripe. A grievance, and a dispute
of management.”
 Nduvho Muthambi

The common causes of grievance

The common causes of grievance in the workplace:

• Assault and fighting

• Breaches of laws, contracts, or agreements
• Conflicting personalities or incompatibility of employees
• Distribution of working time and overtime
• Failure to acknowledge employee proposals
• Faulty or outdated equipment
The common causes of grievance in the workplace
 Nduvho Muthambi

The common causes of grievance

The common causes of grievance in the workplace:

• Inconsistent decisions and disciplinary action

• Managerial attitudes, values, or prejudices
• Nepotism and favouritism
• Poorly defined employment policies
• Poor supervisory practices and inefficient communication
• Poor working conditions
The common causes of grievance in the workplace
 Nduvho Muthambi

The common causes of grievance

The common causes of grievance in the workplace:

• Swearing, name-calling, rumours, and false accusations

• The expression of opinions or values without the necessary consideration for
other people’s feelings

• Unfair discrimination
• Unfair implementation of company procedures
• Unfair employment practices
The common causes of grievance in the workplace
 Nduvho Muthambi

The common causes of grievance

The common causes of grievance in the workplace:

• Unilateral management decisions

• Vague or incomplete instructions
• Victimisation or harassment (including sexual harassment)

The common causes of grievance in the workplace

 Nduvho Muthambi

The objectives of the formal

grievance procedure in the
workplace
• The purpose of a grievance procedure is to enable employees who are
experiencing dissatisfaction of some kind, or injustice relating to their work
situation and employment relationship, to have their grievances heard and
resolved by management in a fair manner without fear of intimidation.

The objectives of the formal grievance procedure in the workplace

 Nduvho Muthambi

The objectives of the formal

grievance procedure in the
workplace
• A grievance procedure is therefore a structured way in which to deal with
employee grievances and to prevent disputes.

The objectives of the formal grievance procedure in the workplace

 Nduvho Muthambi

The objectives of the formal

grievance procedure in the
workplace
The principal objectives of any grievance resolution procedure are to:

• Create the opportunity for upward communication from employees

• Ensure that complaints are effectively dealt with by management
• Create awareness of employee problems or of problem areas, which could be
subjected to further investigation
The objectives of the formal grievance procedure in the workplace
 Nduvho Muthambi

The objectives of the formal

grievance procedure in the
workplace
The principal objectives of any grievance resolution procedure are to:

• Prevent disputes from arising

• Make the disciplinary procedure more acceptable, since employees also have a
means of objecting to management performance

• Emphasise management’s concern for the wellbeing of employees

The objectives of the formal grievance procedure in the workplace
 Nduvho Muthambi

General rules in handling a

grievance
The following are the general rules to ensure grievances are addressed
effectively:
• The employee should be granted the opportunity to bring a grievance (albeit in stages) to
the attention of top management.
• He or she should be permitted representation, if so desired.
• Management, at the various levels, should give careful consideration to the grievance and
make genuine attempts to resolve it. The levels and stages of the grievance procedure will
depend on the specific organisation’s structure and management style.
General rules in handling a grievance
 Nduvho Muthambi

General rules in handling a

grievance
The following are the general rules to ensure grievances are addressed
effectively:

• Time limits should be established for each stage of this procedure.

• The grievance will not be resolved before the employee declares him- or
herself satisfied.

General rules in handling a grievance

 Nduvho Muthambi

General rules in handling a

grievance
The following are the general rules to ensure grievances are addressed
effectively:

• The employee has the right, if the grievance remains unresolved, to declare a
dispute.

• Grievances should, wherever possible, be handled by management, but other

staff (in the form of the HR department) may act in an advisory capacity.

General rules in handling a grievance

 Nduvho Muthambi

General rules in handling a

grievance
The dos and don’ts when a grievance is in progress:

General rules in handling a grievance

 Nduvho Muthambi

General rules in handling a

grievance
The dos and don’ts when a grievance is in progress:

General rules in handling a grievance

 Nduvho Muthambi

Week 3: Lesson 5
Activity 1 Watch these videos and answer the relevant questions.

1. Angry employee - YouTube (youtube.com/watch?v=cxuCfImBN94)

What do you think was the possible causes for this employee’s anger?

2. Mediating Employee Conflict | Conflict Resolution - YouTube (

https://www.youtube.com/watch?v=oqFoy8ehzuc&feature=youtu.be)
2.1 What are the causes for conflict in the workplace identified in this video?
2.2 What are the core issues which tend to be the causes of interpersonal
relationships?
2.3 Describe the process involved in dealing with conflict at work.
2.4 What is the worst thing a line-manager can do to address conflict in the
workplace?
 Nduvho Muthambi

Lesson 6

Grievance
Management
 Nduvho Muthambi

Week 3: Lesson 5
Grievance Procedure

By the end of this lesson, you should be able to:

• manage conflict and grievances in the workplace.

Prescribed Reading:
Nel, P. S. & Kirsten, M. (eds). 2020. South African Employment Relations: Theory
and Practice. 9th ed. Pretoria: Van Schaik. ISBN: 978 0627 03746 7
 Nduvho Muthambi

The steps involved in dealing with

grievance in the workplace
• Every organisation has its own grievance procedure. The number of
steps in resolving the grievance will depend on the size of the
organisation or it hierarchical structure – in a smaller organisation,
the number of steps in the process to be followed decreases
significantly.

The steps involved in dealing with grievance in the workplace

 Nduvho Muthambi

The steps involved in dealing with

grievance in the workplace
• Step 1?
• Step 2?
• Step 3?
• Step 4?
• Step 5?

The steps involved in dealing with grievance in the workplace

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with complaints:

• Meet the employee in a quiet environment

• Ensure that the meeting will not be interrupted (switch cell phone off, etc.).
• Explain your sincerity to determine the nature of the complaint and willingness
to assist the employee to resolve it.
Practical guidelines to deal with complaints and conflict between employees
 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with complaints:

• Ask the employee to explain his or her side of the situation and listen attentively
– do not interrupt or form conclusions before the employee is finished.

• Summarise your understanding of what the employee has said and ensure that
your understanding is correct.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with complaints:

• Ask the employee for suggestions on how to deal with the complaint and listen
attentively (i.e., stay within his or her frame of reference). It is important to
allow the employee to offer as many suggestions as possible – to brainstorm it.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
Dealing with complaints:
employees
• Discuss these suggestions and offer additional information on ways to resolve
the complaint. In discussing these suggestions, make provision for possible
consequences of these suggestions for the employee concerned, fellow
colleagues, the department, and the organisation.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
Dealing with complaints:
employees
• Decide jointly on the solution.
• Summarise the agreement on the solution and test the understanding of the
employee.

• Agree on an implementation plan and follow-up discussion date.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
Dealing with complaints:
employees
• Have a follow-up meeting to ensure that the complaint is resolved. If it is not
resolved, repeat the process.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Invite both parties to a private meeting and ensure that there will be no
interruptions (switch cell phone off, etc.). Inform the parties of your intention
to stay impartial.

• Explain that you wish to determine the nature and cause of the conflict and
that your intention is to assist them to resolve the issue.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Emphasise the importance of calm behaviour and objectivity. This will include
the importance of being assertive, without becoming personal and using name-
calling, etc

• Explain the process that you will follow in resolving this issue. This will not only
facilitate the process, but also communicate your intention not to take sides

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:
• Ask the first employee to explain his or her side of the situation, and listen attentively – do not
interrupt and do not allow the other employee to interrupt

• Ask the second employee to explain in his or her own words what he or she understood about
the first employee’s side – do not allow for any discussion at this stage. Check with the first
employee whether or not the second employee’s understanding of the issue is correct

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Now ask the second employee to explain his or her side of the situation, and listen attentively –
do not interrupt and do not allow the first employee to interrupt

• Ask the first employee to explain in his or her own words what he or she understood about the
second employee’s side of the story. Check with the second employee whether or not the first
employee’s understanding of the issue is correct

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Identify the areas in which the parties agree and differ and explain to them that
it is important to find a solution to their differences

• Ask both employees to make suggestions on how to settle the conflict and
listen attentively. Each employee has to be given time to state his or her
suggestions, without interruptions

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Discuss their suggestions and propose additional ways in which to resolve the
conflict

• Decide jointly on the solution.

• Summarise the agreement clearly and ensure both parties’ understanding of
the agreement.

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

Practical guidelines to deal with

complaints and conflict between
employees
Dealing with conflict between employees:

• Agree on an implementation plan and follow-up discussion date

• Have a follow-up meeting with both employees to ensure that the issue is
resolved. If it is still not resolved, identify additional issues or issues missed in
the first interview and address these in a similar manner

Practical guidelines to deal with complaints and conflict between employees

 Nduvho Muthambi

The steps HR Manager should take to

ensure effectiveness of organisations
grievance procedure
• The grievance procedure should be known to all the employees, who should be
encouraged to use it – but not to abuse it.

• Safeguard the aggrieved employees against any form of victimisation or

intimidation.

The steps HR Manager should take to ensure effectiveness of organisations grievance procedure
 Nduvho Muthambi

The steps HR Manager should take to

ensure effectiveness of organisations
grievance procedure
• Trade union representatives need to be encouraged and trained in utilising this
procedure. They must ensure the employee has a valid grievance and need to
be able to represent the employee effectively.

• Members of management who handle grievances need to be trained to do so

effectively.

The steps HR Manager should take to ensure effectiveness of organisations grievance procedure
 Nduvho Muthambi

The steps HR Manager should take to

ensure effectiveness of organisations
grievance procedure
• This procedure will only be effective if both parties have a sincere desire to
solve problems.

• The HR manager needs to monitor the use of the grievance procedure and
needs to advise managers (handling grievances) on possible solutions.

The steps HR Manager should take to ensure effectiveness of organisations grievance procedure
 Nduvho Muthambi

Week 3: Lesson 6
Read the following scenario and answer the questions that follow.

Activity 1 Scenario: A taxing grievance

‘I can hardly believe this lot!’ shouted Andy Dickens, finance director at Goodwin Products. ‘You are
asking me to comment on a grievance form submitted by the worker representatives. They maintain that
Stuart Nemov, my financial services manager, used foul language and was condescending to them in a
presentation to their constituents. I tell you, Ray, your factory people are really pushing their luck!’
‘We can’t just ignore this, Andy’, said Ray Joss, the production director. ‘We must address the
grievance’.

‘Ray, you asked for assistance in explaining the new tax deduction system to your people. I got Stuart
to do it. He took time and trouble to prepare as simple a presentation as possible. So what if he said to
them they’d never understand, and threw in a few choice words to emphasise his point? I didn’t employ
a chartered accountant to give workshops on tax for factory workers – we were doing you a favour!’
Dickens retorted.

‘Andy, we are dealing with people’s feelings here. This issue won’t just go away…’
‘Look, they’re your people’, Dickens interrupted, ‘It’s your problem – you solve it! I have no time for your
people’s sensitivities. This is worse than a kindergarten!’
(Source: Bendix, 2015b:286)

1.What was the grievance of the factory people?

2.As the Human Resource Manager, how would you suggest this situation should be addressed.
What next?

• Prepare lesson for Week 4, Lesson 7&8:

Chapter 8 (Discipline in the workplace)

Pl