Problem with your manager at work? Here’s how to file a grievance

Do you have a problem with your manager at work? You can resolve it by filing a grievance.

Normally an organisation has rules and a code of conduct enforced from the top down. However, sometimes it happens that you are aggrieved and require a formal platform to engage with management on these issues without fear of reprisal and this is where a grievance can help, says Michael Opperman from Omni Labour Consultants.

“South African labour law recognises this need and has created a way to file a grievance within the realms of the organisational parameters of a company. A grievance procedure is essentially not to be used as a stick, but as an olive branch because it alerts the employer to something that might be amiss within the company.”

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How to file a grievance

A grievance brings your issues and problems to the attention of management from the employees vertically and horizontally on the same level. This is how you go about filing a grievance:

• Complete a grievance form wherein you identify the person you wish to attend the grievance, as well as the so-called perpetrator of the grievance.
• The next step should be to identify the nature of the grievance in other words how and why the person feels aggrieved.
• You must clearly explain and give reasons and incidents and also potential witnesses if and where possible.
• The more detailed this section is the more information the chairperson for such a process has to work with.
• The next section would be a section called “remedy sought”. Here you must fill in the way he or she thinks that the grievance can be amicably dealt with and what their expectations are.
• You can ask for a range for things to be done, such as an apology or a request for a formal disciplinary enquiry. This would also obviously depend on the seriousness of the alleged situation.

A grievance should be dealt with at the lowest possible platform and Opperman says if it is not that serious, it most probably could be dealt with in terms of an informal meeting where an apology is forthcoming or a way ahead is agreed to.

If this cannot be done, it must be escalated to a formal process where an independent person hears or chairs the grievance and this could even include an independent chairperson form outside the company.

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The role of the chairperson

A chairperson does not decide whether anyone is guilty, but only presides to structure the process and record whether or not the grievance was settled and the issues can now be laid to rest.

The chairperson can, however, make recommendations to the employer to further investigate the possibility of disciplinary action, for example in the case of sexual harassment or bullying.

A group of employees can also submit a collective grievance, which is signed by numerous employees.

Ideally grievances are instituted because of personal conflicts arising from the workplace or because of draconian company rules or unacceptable behaviour. There is no limit on the reasons for a grievance.

If you are not satisfied with the outcome of the final grievance procedure you can file a dispute with the CCMA or appropriate industry bargaining council under the auspices of an “Unfair Labour Practice”.