Page 16 - KZN Business Sense

GRIEVANCES IN THE WORKPLACE

Colette Tanner, with the Labour Relations Act
Operations Director, (LRA), asserts that everyone
DRG has the right to fair labour
practices within the workplace.
The Labour Relations Act 66
t is in our of 1995 provides mechanisms
experience for resolving labour disputes
Ithat many that ensures that legitimate
employers are disputes between employees
unfamiliar and employers are dealt with
with how constructively and fairly. Other
to conduct necessary legislation is the Basic
internal Conditions of Employment Act 75
grievances of 1997 (BCEA), which establishes
raised the minimum conditions of
by their employment and outlines the
employees. This is largely as standards of employment. The
a result of misinformation, a Employment Equity Act 55 of
poorly drafted grievance policy 1998 addresses discrimination
and or recency effect. The three and promotes equal opportunity
main issues when dealing with a in the workplace. Section 23(1) of
grievance raised by an employee the Constitution of South Africa
are establishing whether a states that “everyone has the right right has to be determined by any unfair act or omission that
grievance has merit, successfully to fair labour practices.” The word arbitration through the CCMA arises between an employer Addressing Grievances
navigating a grievance and ‘right’ in this legal provision is or Bargaining Council, or by and an employee and refers to Employees are encouraged
resolving a grievance timeously. relevant as infringing the rights of Labour Court adjudication if no unfair treatment by the employer to address their grievances by
A thorough understanding of an employee is likely to be seen as agreement is reached to resolve relating to promotion, demotion, following an internal grievance
the legal parameters governing unfair in labour law. the matter in a conciliation probation (excluding dismissals procedure. An employee who
grievances in the workplace hearing. A dispute of right refers during probation), training and has a grievance must raise the
In labour law, “Unfair” is
are imperative for promoting characterised by ‘inequality to the breach or violation of an benefits. The LRA provides for grievance verbally with his/her
harmonious relationships or injustice’ and ‘dishonest or employee’s rights in respect of the rights of employees to fair manager, the employee must
between employers and unethical conduct’. The notion what has been agreed between labour practices and establishes set out the exact nature and
employees. Employers should not the employer. Examples are: a dispute resolution forum circumstances of the grievance,
flippantly dismiss a grievance, of inequality plays a role in unfair dismissal disputes; through the CCMA. providing a clear and factual
explaining that which is unfair.
without fully understanding its Inequality or one-sidedness do unfair discrimination disputes; The Employment Equity Act account of events. The employee
merits and whether the employee not fully explain the concept unfair labour practice disputes; 55 of 1998 (EEA) prohibits may state the grievance in writing
has grounds for their concerns to and severance pay disputes. In unfair discrimination in any to his/her line manager should a
be heard. Similarly, an employee of unfairness in labour law as terms of the Constitution of the employment policy or practice. verbal statement not be practical.
there are a myriad of examples
should avoid using the grievance of one-sidedness that are not Republic of South Africa, 1996 This includes recruitment, In line with the employers’ policy,
process to ventilate trivial understood in labour law to be and the Labour Relations Act 66 promotions, training, benefits, the manager in this instance
claims or unsubstantiated of 1995, employees have the right and dismissal. Discrimination should make every attempt to
malicious allegations. unfair. For example, awarding not to be unfairly dismissed and based on race, gender, disability, resolve the grievance.
bonuses to senior managers and not to be subjected to unfair Swift attention paid to
Injustice or Unfairness not to lower-level employees labour practices. religion, or any other arbitrary workplace grievances is critical
is one-sided, however, it is not ground is prohibited under
A grievance is defined as a regarded as unfair. An interest is something, which the EEA. Grievances related to for maintaining a productive
feeling of injustice or unfairness an employee wants, but is not discrimination can be reported and motivated workforce.
by an employee and generally Employees Disputes entitled to yet. Interest disputes to the CCMA or the Labour Unresolved grievances can lead
relates to unfair labour involve negotiation. In some Court if not resolved internally. to decreased job satisfaction,
It is important to distinguish
practices, discrimination in between the types of employee instances, if agreement is not Workplace harassment, such increased employee turnover, and
the workplace and concerns dispute raised, that is, ‘a dispute reached the parties involved may costly legal battles. Employers
relating to the employment of interest’ or a ‘dispute of resort to power play in the form as sexual harassment and are encouraged to establish clear
conditions. A grievance does of strikes and lock-outs to achieve bullying, are regarded as serious grievance policies and ensure
not include wage disputes or right’. A right is something an their interests. A dispute of grievances and addressed through that their managers are trained
employee is entitled to or has the
internal policies and procedures.
wage dissatisfaction, animosity right to, in terms of the common interest refers to a dispute relating to navigate grievances sensitively
between fellow employees or any law, a collective agreement, a to a change to the employment Employers are required to create and impartially. Employees
other issues already dealt with status quo, however the employee a safe working environment and should equally be aware of
through the company’s policies contract of employment, or cannot claim this as a right. For promptly address complaints. their rights and make use of
labour legislation. Depending
Harassment is generally
and procedures. example, an employee does not the appropriate channels for
on the nature of the dispute, have a right to a wage increase understood to be unwanted initiating grievances. Workplace
The Constitution of the Republic a dispute that is declared as a less so the value of the wage conduct, which impairs dignity; grievances should be addressed
of South Africa, in conjunction result of the infringement of a increase, unless the employer and which creates a hostile or fairly and without prejudice
has expressly made provision in intimidating work environment to the parties to a dispute.
the employment contract, or the for one or more employees or is By fostering an environment
employee is on a minimum wage. calculated to, or has the effect of, of open communication and
The employee can negotiate with inducing submission by actual or accountability, both employers
the employer to this effect and threatened adverse consequence; and employees can contribute
make their demands known by and is related to one or more to a positive and dispute-free
striking as a collective in order grounds in respect of which workplace. 
to compel the employer to bend discrimination is prohibited in
to their demands. In the instance terms of section 6(1) of the EEA. For more information please contact
where an agreement is reached The intersection of factor such as Colette Tanner,
between the parties, the issue race, religion, gender, or disability T: +27 (0)31 767 0625
then becomes legally enforceable, increase the risk of harassment. E: colette@drg.co.za
where should either party fail to Issues arising from the breach W: www.drg.co.za
comply the dispute becomes a of employment terms are
dispute of right. common grievances. Employees
can raise a complaint if the
Unfair Labour Practice
employer fails to adhere to the
An unfair labour practice is agreed terms regarding their
defined under Section 186(2) salary, working hours, or other
of the Labour Relations Act as contractual obligations.

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