Grievance Policy and Procedure

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COMPANY NAME

COMPANY LOGO Reference number Date implemented

Document Name Grievance Policy and Procedure

1. Objective of the Policy

1.1 The purpose of this policy is to provide management and employees with a framework within which
grievances will be handled and to facilitate the resolution of employee grievances that may arise over
employment-related issues as informally and effectively as possible and without the unnecessary
escalation of disputes.

1.2 The aim of the grievance procedure is to enable employees to have their grievances resolved fairly,
quickly and at the earliest possible stage.

1.3 Any employee who has a grievance to lodge is entitled and encouraged to make use of the grievance
procedure.

2. Definition

2.1 A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees
experience in relation to their work, working environment, colleagues, or any aspect relating to his /
her employment situation.

3. General Principles

3.1 Employees may lodge grievances without fear of victimisation.

3.2 Employees may elect an internal representative, which is an employee of the company. No
representative shall be victimised because of his / her having advised or represented any employee
lodging a grievance.

3.3 Where victimisation is suspected, an employee may submit details in terms of the grievance
procedure.

3.4 It is the responsibility of management and HR to investigate and resolve employee grievances
timeously.

3.5 If the procedure requires the referral of a grievance to a particular manager and if the grievance relates
to that manager, then such grievance must be referred to a more senior manager and / or HR. The
principle of one up referral will apply in the grievance resolution process i.e., any grievance that
cannot be settled at one level is referred to the next level of management and / or HR.

3.6 Management must always attempt to ensure that grievances are handled promptly, fairly, and without
prejudice, unfair discrimination, or victimisation.

3.7 The lodging of grievances must, except in exceptional cases, take place within a reasonable time from
the time the employee becomes aware of the matter giving rise to such grievance.

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3.8 The manager attending to a grievance must attempt to resolve that grievance as soon as possible within
the prescribed time limits as stipulated below.

3.9 The investigation of grievances may take any form e.g., interviews, checking of records, consultations,
or more formal forms of dispute resolution considered appropriate by management and / or HR to
resolve the matter.

3.10 Except in instances where the grievance is of a serious nature, or where the employee so requests, a
formal grievance hearing need not be convened in each instance. Often an informal meeting between
the employee and his / her manager is the most effective way of resolving minor complaints and
encourages direct communication between management and staff (Stage 1).

3.11 When a formal grievance is lodged with management, management shall convene a formal grievance
hearing into the facts of the case (Stage 2).

4. Stages of the Grievance Procedure

4.1 Stage One (Informal)

4.1.1 An employee who believes he / she has a grievance must first report such grievance to his / her
direct manager or HR.

4.1.2 The manager or HR must endeavour to resolve the grievance and communicate the outcome to
the employee as soon as possible.

4.1.3 Once a decision has been given by the manager or HR, should the grievance not be resolved to
the satisfaction of the parties, he / she / they shall be entitled to proceed to the next stage of the
grievance procedure.

4.2 Stage Two (Formal)

4.2.1 HR shall appoint a chairperson.

4.2.2 The time, date, and venue of the grievance hearing shall be set by the company.

4.2.3 The grievant shall have the right to request an interpreter. It is the duty of the company to
provide an interpreter should the grievant request one.

4.2.4 The grievant shall be entitled to be represented by a fellow employee from the workplace at
which he / she is employed. However, it is his / her duty to arrange for such representation.

4.2.5 The grievant and his / her representative shall have the right to present his / her case and lead
evidence, to call witnesses and to question witnesses, and/or to have copies of any documents
produced as evidence at the hearing. In presenting his / her case, the grievant will be required
to state the grounds and reasons for the grievance, and where appropriate, lead evidence and
argument in this regard. The chairperson of the grievance hearing may request additional
evidence and / or witnesses to be led in the hearing to determine the merits of the grievance.

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4.2.6 After hearing all available evidence, the chairperson will then decide on the merits of the
grievance and identify any appropriate remedial action, should the parties to the grievance fail
to reach consensus as to a solution. The chairperson shall make his / her decision known to all
parties in writing.

4.2.7 A record of the proceedings will be kept by a person appointed or nominated by the
chairperson of the grievance hearing.

4.2.8 If a grievance remains unresolved after being taken to the highest possible internal level, the
grievant may refer a dispute to the CCMA and / or Bargaining Council in accordance with the
provisions of the Labour Relations Act.

6. Collective Grievances

6.1 In cases where collective grievances are addressed, a maximum of two (2) observers (inclusive of the
grievants) will be allowed to attend the grievance hearing in addition to the representatives. Any
further grievants may be called into the grievance hearing individually to present their case.

6.2 Grievances of a collective nature that may lead to collective bargaining and/or joint consultation
should be dealt with in terms of appropriate procedures established for those purposes.

6.3 No industrial action (by strike, lock-out or other means) should be taken by either the employees or the
employer until all stages of the procedure have been completed and "failure to agree" finally recorded.

7. Time limits

7.1 The following schedule constitutes a guide as to the time periods within which the various stages of
the grievance procedure are to be concluded. The time limits are in no way prescriptive and may be
varied having regard to the circumstances of each case, subject to the requirements of fairness and
reasonableness.

7.2 Schedule

GRIEVANCE PROCEDURAL STEP TIME PERIOD

STAGE 1 (Informal) -
Incident(s) giving rise to the grievance

Lodgement of a grievance Within five (5) days of incident giving rise to grievance.

Notice of a grievance meeting Within five (5) days of lodgement of grievance.

Grievance meeting Within five (5) days of notification to attend meeting

Outcome (written or verbal) of Within five (5) days of grievance meeting.


grievance meeting

STAGE 2 (Formal)
Lodgement of grievance hearing Within five (5) days of outcome of grievance meeting.

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Notice of grievance hearing Within five (5) days of lodgement of grievance.

Convening of grievance hearing Within five (5) days of notification of grievance


hearing.

Finding of grievance hearing Within five (5) days of convening grievance hearing.

8. Forms

8.1 The grievance form, together with all relevant documentation, shall be submitted by the employee
concerned to the relevant manager or HR. The grievance form shall be completed by the employee
prior to the initiation of each level of the grievance procedure.

8.2 To assist in the application of the procedure, the following standard forms are available.
8.2.1 Grievance Form
8.2.2 Notice to attend grievance Hearing (Grievant)
8.2.3 Notice to attend grievance Hearing (Respondent)

8.3 Grievances should be raised in writing (other than in exceptional circumstances where there are good
reasons why the employee does not feel comfortable or able to do so). The employee should state as
clearly and concisely as possible what the issue is and the desired outcome/solution.

It is the employee’s responsibility to contact management should he / she have any queries.

I, ________________________________________, (employee number/ ID number) hereby agree that I


have read and understood the contents of this policy and agree to comply with the provisions of this policy.

Employee signature as receipt


hereof

Date

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