Resolving Conflict on the Job: How to get the most out of Grievance Procedures Andrew Breetzke BA LLB, PG Dip Employment Law

Introduction GRIEVANCE about a GRIEVANCE Grievances exist in all working environments! In SA, Grievance Procedures are in CRISIS!

Introduction Labour relations is concerned with resolving conflict. Strike Incidents Strike Incidents

Introduction A number of factors play a role in strike action: economics, social issues, political issues etc Many of these factors are outside of the control of management - however In may cases, the seed for the strike is – “management do not listen”, “no one answered our grievance” Case Study: Call Centre

Introduction “OUR GRIEVANCES HAVE NOT BEEN ATTENDED TO”

What is a Grievance? Often the starting point of the problem! … feeling of dissatisfaction regarding an official act or omission which adversely affects an employee … …dissatisfaction or feeling of injustice … “Injustice” is not a “complaint” … failure of employees/unions to realise this, dilutes the status of the grievance process

What is a Grievance? It should focus on: breach of contractual term, practice, legislation. EXCLUDED: Unfair dismissal issues Collective Bargaining Matters To negotiate an amendment to an agreement EXCLUDED: Unfair dismissal issues Collective Bargaining Matters To negotiate an amendment to an agreement

The Grievance Process Three distinct phases: INFORMAL PHASE: Direct managers/poor management skill/reluctant to make decisions. INFORMAL PHASE: Direct managers/poor management skill/reluctant to make decisions. FORMAL GRIEVANCE Desired outcome?/trade union screening/”real” issues/lodge for the sake of it. FORMAL GRIEVANCE Desired outcome?/trade union screening/”real” issues/lodge for the sake of it. EXTERNAL ASSISTANCE Normally on interpretation issues/ issue of out hand EXTERNAL ASSISTANCE Normally on interpretation issues/ issue of out hand

The Grievance Process PUBLIC SERVICE Lodge within 90 days of the act/omission Employer must deal with it within 30 days If still aggrieved, inform executive authority within 10 days Executive authority must within 5 days forward to PSC, who must consider within 30 days of receiving information NB: A grievance is only resolved when the employee is satisfied!

The Grievance Process STANDARD PROVISIONS IN GRIEVANCE PROCEDURES: Employees must be assured that they will not be victimised Grievances will be handled with discretion, confidentiality etc Grievance must be in writing, and the desired outcome must be clear The steps in the process – first instance, and the subsequent levels An indication of time What to do if not resolved

Problems GENERALLY, the same for private and pubic sector Employers: Employees use it to complain about any management decision Leave it initially – if serious they can always elevate it There is always the CCMA/BC HR must deal with these things Employers: Employees use it to complain about any management decision Leave it initially – if serious they can always elevate it There is always the CCMA/BC HR must deal with these things Employees: I will be victimised Nothing will come of it Management do not take it seriously I have no power as an individual Employees: I will be victimised Nothing will come of it Management do not take it seriously I have no power as an individual Has become just another step in the process – lip service

Problems SADTU obo Abihlak and KZN Dept of Education and Culture 2003 Dispute lodged at GPSSBC Point in limine that no grievance was followed Point failed, as no express requirement that Grievance must be followed SADTU obo Abihlak and KZN Dept of Education and Culture 2003 Dispute lodged at GPSSBC Point in limine that no grievance was followed Point failed, as no express requirement that Grievance must be followed Mbalane v SAB 2001 Constructive dismissal case – intolerable Failure to raise dissatisfaction immediately must lead to inference that relationship was not intolerable. Mbalane v SAB 2001 Constructive dismissal case – intolerable Failure to raise dissatisfaction immediately must lead to inference that relationship was not intolerable. Failure to file a grievance in a constructive dismissal case can be fatal

Public Service 2007 Public Service Amendment Act Employees must exhaust internal grievance procedures before referring to Bargaining Council. THAT’S OKAY BUT: You cannot legislate good IR conflict resolution – it can be seen as an acknowledgement of the weakness in the system COSATU submission: Departments failed to deal with grievances Majority of referrals to PSCBC were for failing to deal with a grievance. COSATU submission: Departments failed to deal with grievances Majority of referrals to PSCBC were for failing to deal with a grievance.

Public Service 2008 Grievance trends in the Public Service Grievances have increased since 2003 Dissatisfaction with performance assessment 1156 referrals to Commission, 710 returned as prematurely referred High levels of dissatisfaction Many government departments failed to report on their grievances Grievances have increased since 2003 Dissatisfaction with performance assessment 1156 referrals to Commission, 710 returned as prematurely referred High levels of dissatisfaction Many government departments failed to report on their grievances

Grievance Procedures HOW to get the most out of them: Make sure your procedures meet the minimum requirements Train managers/employees on the grievance process – on process and on the benefits of working towards a resolution Adhere to the time frames Use the grievance for legitimate issues, not complaints Change the mindset towards the process

In Conclusion The current labour climate is not very positive Large number of strikes Economic downturn Retrenchments In these circumstances, you must utilise those procedures that you have, that can alleviate tension – the Grievance Procedure is one such process – make sure you use it correctly!

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