Resolving Conflict on the Job: How to get the most out of Grievance Procedures

Andrew BreetzkeBA 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 1999 - 2003Strike Incidents 2002 - 2006

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 issuesCollective Bargaining MattersTo negotiate an amendment to an agreement

The Grievance Process

Three distinct phases:

INFORMAL PHASE:Direct managers/poor management skill/reluctant to make decisions.

FORMAL GRIEVANCEDesired outcome?/trade union screening/”real” issues/lodge for the sake of it.

EXTERNAL ASSISTANCENormally 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

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

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.

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

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!

THANK YOU

QUESTIONS