Ludwig Frahm-Arp, employment lawyer and ‎Director at Fasken law firm South Africa has been dubbed "the protest capital of the world", with one of the highest rates of public protests in the world.. 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. The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. Should the grievance remain unresolved, the employee has the right to declare a dispute. For a real grievance to have occurred there must have been a violation of an employee's rights on the job. The employer must deal with the grievance within 30 days unless parties mutually agree in writing to extend the timeframe. 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. 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. consistency, transparency and fairness in the handling of workplace problems and complaints. 75 of 1997) (BCEA). The Constitution is the supreme law of the land, binding on all organs of State at all levels of government. The employer must deal with the grievance within 30 days unless parties mutually agree in writing to extend the timeframe. Shared below are 5 of the most common employee grievances that might be getting viral in your department. For more information, kindly contact Magate Phala at magatephala@gmail.com, EMAIL THIS ARTICLE      SAVE THIS ARTICLE They meet employers on a regular basis for consultation on workplace issues. Types of Strike. 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. 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. 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. 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. #3: Have clear guidelines on how grievances should be dealt with. The employee should be allowed representation by a colleague or union representative. The steward should file the grievance, not the employee on his/her own, as it is in the interest of everyone in the union that the grievance be handled properly. Subscriptions are available via the Creamer Media Store. or an employer has not respected or has infringed a right which he has. Suitably qualified 6 applicants must meet the essential job 7 requirements. Accordingly, the public sector’s mandate has broadened. South Africa . The employee should be allowed representation by a colleague or union representative. the Constitution, to consider grievances of the employees in the public service. A grievance of interest occurs when an employee has no entitlement to a particular claim in law against the employer but feels that he is entitled to it or has been unfairly treated. 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 may be categorised in two forms, i.e. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR. Most of the grievances related to unfair treatment such as sexual harassment, while 145 grievances were about salary issues e.g. Let me know your proceedings with the investigation and hope that you will arrange to hold a grievance hearing within 30 days. Special personal information includes e.g. This would cover instances where e.g. Applicant alleges automatically … 1.2.A grievance is any feeling of dissatisfaction or perceived […] Keep in mind that a grievance can be real or imaginary, and employees file grievances … These include grievances relating to unfair treatment: 1 The Constitution of the Republic of South Africa, 1996 (Act No. Consult your attorney or labour specialist to design a document that better suits your company’s needs GRIEVANCE POLICY AND PROCEDURE 1. The aggrieved employee must be duly informed by the designated employee about the status and progress made towards the resolution of the grievance. At the same time, its public sector has also changed, becoming more representative of the diverse backgrounds and needs of the South African people. South Africa . By TIMESLIVE - 25 September 2020 - 18:15 . 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. Or 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. Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. 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. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. 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. A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees experience in relation to their work and employment situation and which constitutes a grievance of right. An employee may be assisted by a fellow employee or a representative or official from a recognised trade union. For instance, a grievance letter written in the workplace might be about safety concerns while one written in school might be about bullying. See also a Court decision in Mackay v ABSA and another (2000) 21 ILJ 2054 (LC). There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. 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. In the absence thereof, the employer will need to prepare and secure a further consent from the employee. Grievances should generally be managed by line Management, however, other staff, for example, the Human Resources Manager, may act in an advisory capacity. The Constitution of South Africa , Act 108 of 1996 was adopted on 10 May 1996 and came into effect on 4 February 1997. Addressing grievances in the workplace is synonymous with a balancing act – a levelled playing field needs to be maintained. Please enter the email address that you used to register on Polity.org.za. 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. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. To render disciplinary proceeding more acceptable since employees also have the means of objecting to management performance. (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. South Africa has undergone a significant transition. Written consent is not expressly required. grievance procedure at work, its fairness and objectivity will be tested and discuss further in detail in this research. To prevent disputes from arising in the workplace. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. the Republic of South Africa, 1996 (Act No. Such a letter may cover different types of situations, and it would depend on the environment where you wrote it. Ombudsman services are offered free of charge. What is a grievance meeting or hearing? 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. I will be eagerly waiting to hear from you. To create awareness of employee problems or problem areas, which management needs to address. a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and. South African women participated in the anti-apartheid and liberation movements that took hold of South Africa. An employer should ensure that it short-lists as many suitably qualified applicants from designated groups as possible. 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. An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. 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. 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. 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. Often, employees would raise a grievance if they experience issues with their salaries, issues with the company’s policies, unsafe conditions in the workplace, and more. Management at various levels must consider the grievance carefully and make genuine attempts to resolve the grievance. entrenched inequalities and patterns of discrimination persist in South Africa, including in the workplace. 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. The basic rights of the employee will be those agreed upon as per the Basic Conditions of Employment Act, 1997 (Act No. a grievance of right and a grievance interest. 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. Various rights and obligations are established between the employer and employee when entering into a contract of employment. An overview of dealing with grievances in the workplace. 1.2.A grievance is any feeling of dissatisfaction or perceived […] This a sample of a Grievance Policy and Procedure. Should the grievance remain unresolved, the employee has the right to declare a dispute. 11 Na imina Workplace INTRODUCTION Before 1994, the … Procedure for a group grievance. an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act. Email advertising@creamermedia.co.za, Deepening Democracy through Access to Information, South African Institute of International Affairs. All employees must know that there is a grievance procedure and how to use it. The grievance will not be resolved until the employee indicates such. We also classify grievances according to who is affected. A grievance of interest occurs when an employee has no entitlement to a particular claim in law against the employer but feels that he is entitled to it or has been unfairly treated. To create awareness of employee problems or problem areas, which management needs to address. Most grievances are not dealt with properly, mainly because managers are not aware of the basic principles of dealing with grievances. 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. 7.3.17. Employees should be entitled to bring their grievance to the attention of management even if it is done in stages. personal grievances in the workplace and provide a procedure to follow in the event a personal grievance arises. 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. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee. ... Of course, this is not always possible in small businesses or workplace environments where there is no Human Resources Department or Human Resources support structures put in place, and where often the Employee is the sole Employee of the Employer. Grievances in the workplace In light of the above process, it is important to note that grievances should be dealt with in line with the company’s grievance policy which aims to lay down the process to follow as well as promote to consistency, transparency, and fairness in the handling of workplace problems and complaints. All Rights Reserved. The designated employee must liaise with the relevant structures of authority of the department which has the requisite authority to resolve the grievance. 2020 has given rise to many challenges for employers. ” 10 INTRODUCTION. The designated employee must liaise with the relevant structures of authority of the department which has the requisite authority to resolve the grievance. Management at various levels must consider the grievance carefully and make genuine attempts to resolve the grievance. not in accordance with established rules; where people are treated irrationally – i.e. the Republic of South Africa, 1996 (Act No. Where necessary provisions should also be made specifically for the processing of special personal information. We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library. The objectives of the grievance procedure may be summed up as follows: Written by Magate Phala, who specialises in Labour Law and writes in his private capacity. Definitions Item Definition Workplace participants Employees, prospective employees, agents and contractors (including temporary contractors) of APIC 4. South Africa is a State founded on the principles of a constitutional democracy. Something has made them feel dissatisfied, and they believe it is unfair and/or unjust on them. So, your attempts to resolve your grievance informally have failed and you have raised a formal grievance by sending a formal letter outlining your complaint (see our article on how to write a grievance and examples).. The forums do not replace collective bargaining, but deal with matters which are better suited to resolution through consultation rather than through collective bargaining. not in accordance with established rules; where people are treated irrationally – i.e. To address this, the employee may approach his line manager to have his grievance resolved fairly, quickly and at the earliest possible stage. 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. Informal DC Hearing: This is an informal meeting between the … The workplace is an important and strategic platform for combating discrimination in society more broadly.1 By bringing diverse people together, the workplace helps to break down prejudices and Grievances may be categorised in two forms, i.e. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. Types of misconduct may differ from company to company and there is no complete list of the types of misconduct an employee can commit. South Africa: Understanding Constructive Dismissal ... Internal Grievance Procedures. Find out about Age, Gender, Race, and Pay Discrimination at Workplace in South Africa Complete our Salary Survey and Win a Wage! To prevent disputes from arising in the workplace. of this type of grievance include: discipline, demotion, classification disputes, denial of benefits, etc. b. Managers must know how to conduct a grievance procedure so they can deal with grievances properly. Economic Strike: Economic Strike is the cessation of work by the labors with an aim of imposing their economic demands like wages and bonus. As a result, they practice avoidance tactics. Reciprocity. 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. The South African Constitution guarantees the right to equality and also gives protection to all from unfair discrimination. Most importantly, this type of procedure aims to avoid the time it takes to defend such cases in forums such as the CCMA and bargaining councils. It is common knowledge that the attitude of employees who are aggrieved in the workplace may have a … GRIEVANCE PROCEDURE. It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. 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. The act of deleting information from a work computer does suggest the intention to conceal information relating to allegations of misconduct. or an employer has not respected or has infringed a right which he has. Workplace: Any place where employees are expected to work as required by University of Fort Hare either in or outside South Africa. Specific forms of misconduct would thus be dependent on the type of industry the company is operating in, its culture and specific workplace rules and regulations. 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. Labour Guide. Shortly afterwards, your employer should write back inviting you to a meeting to discuss your letter. where one person or group of people is favoured over another on the basis of irrelevant criteria; where people are treated arbitrarily – i.e. The common law does not indicate minimum wages; these are usually set by collective-bargaining councils and are industry specific. 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