Grievance Policy and Procedure
1.1 Any employee who has a grievance is entitled to make use of the grievance Procedure.
1.2 A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees experience in relation to their work and employment situation and which constitutes a grievance of right.
2. Primary Objective
2.1 The aim of the Grievance Procedure is to enable employees to have their grievances resolved fairly, quickly and at the earliest possible stage.
2.2 Employees may lodge grievances without fear of victimisation.
3. General Principles
3.1 No shop steward shall be victimised as a result of his having advised or represented any employee lodging a grievance.
3.2 Where victimisation is suspected, an employee may submit details in terms of the Grievance Procedure.
3.3 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 and every instance. Often an informal meeting between the employee and his manager is the most effective way of resolving minor complaints, and encourages direct communication between management and staff.
3.4 When a formal grievance contemplated in 3.4 above is lodged with Management, Management shall convene a formal hearing into the facts of the case, carried out in accordance with the following general principles:
3.4.1 Management shall appoint a chairperson of the grievance hearing is accordance with clause 4 hereof.
3.4.2 The time, date and venue of the grievance hearing shall be set by the chairperson of the grievance hearing.
3.4.3 The grievant shall have the right to request an interpreter. It is the duty of the Company to provide an interpreter should the employee request one.
3.4.4 The employee and his shop stewards shall have the right to present his 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 case, the grievant(s) will be required to state the grounds and reasons of his 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. The Chairperson will then make a determination on the merits of the grievance and identify any appropriate remedial action.
3.4.5 After hearing all available evidence, the chairperson shall make a finding on the matter and make his decision known to all parties in writing.
3.4.6 A record of the proceedings will be kept by a person appointed or nominated by the Chairperson of the grievance hearing.
3.4.7 An employee shall be entitled to be represented by an employee from the workplace at which he is employed. However it is his duty to arrange for such representation.