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Any relationship is riddled with emotion, and the employment relationship is no different. As a result, there is always a possibility of conflict developing in the workplace.

It is necessary for employers to implement sound grievance procedures to address any conflict that might occur. In fact, the Constitutional Court in Mpakathi v Vodacom (Pty) Ltd [2016] ZACC 13 confirmed that grievance mechanisms form part of fair labour practices under Section 23 of the Constitution. Such grievance procedures support:

• Maintaining a harmonious working environment;
• Resolving conflict with fairness and urgency;
• Creating a safe working environment;
• Ensuring that all employees have access to avenues to be heard;
• Giving employees the platform to raise concerns;
• Supporting organisational development and the opportunity to implement changes were necessary; and
• Reducing the risk of Commission for Conciliation, Mediation, and Arbitration (CCMA) disputes.

Common Sources of Workplace Grievances

There are various types of conflict in the workplace, which can stem from disagreements between staff, lack of understanding of workplace rules, discrimination, harassment, poor management style as well as rude, disruptive conduct.

Grievances that are not dealt with effectively can negatively impact the workplace and productivity, especially so when working in a highly unionised environment where unaddressed concerns can lead to industrial action.

Establishing an Effective Grievance Procedure

Employers are encouraged to regulate the handling of grievances through a workplace policy which sets out the correct procedure to follow. This policy must be communicated to all staff, preferably during induction and annually thereafter. The effectiveness of the procedure must also be evaluated and amended if necessary.

Employers should regularly encourage staff to raise concerns and to act with integrity, which then promotes confidence in the policy and process, knowing that employee concerns are taken seriously. A transparent process can foster collaboration between employers, employees, and trade unions resulting in an effective resolution with buy-in from all parties. Thriving employers focus on the well-being of their employees and transparent policies can reduce sick leave and increase productivity.

The Labour Court (LC) in Ngobeni v Interspray Durban [2024] JS739-18 (LC) held that the poor handling of grievances may trigger conflict such as unprotected strikes, demonstrating the need for open communication and procedural fairness. The Court noted that dissatisfaction around employment matters and the absence of clear communication or contract clarity escalated into an unprotected strike. The judgment reaffirmed that grievance processes must be handled transparently and promptly to avoid industrial instability.

The LC in SARS v CCMA [2024] JR2223-20 (LC) held that inconsistent treatment of grievances and misconduct matters undermines procedural fairness. The Court emphasised that employers must apply disciplinary and grievance standards consistently to preserve trust in internal processes.

A Practical Approach to Grievance Resolution

There are certain steps that should be taken when a grievance is brought to the employer’s attention but it is always important to access the grievance policy and to adhere to the timelines for escalation and feedback.

An informal approach requires you to conduct an interview with the aggrieved, conduct an interview with the respondent (person against whom the grievance is lodged), look for solutions, communicate the solution. If no solution is reached, continue to the next stage of the process, and schedule a grievance hearing i.e. use a formal approach.

A formal approach includes arranging for an independent chairperson to hear the grievance, investigating the complaint supported by evidence, presenting this at the hearing, giving serious consideration to the chairperson’s findings and recommendations, and communicating these to the parties before implementing the solutions/recommendations.

The Consequences of Poor Grievance Management

Unresolved or ignored grievances can eventually lead to employees resigning and instituting a claim of constructive dismissal against the employer. Should the employer be unable to prove that the grievance was effectively dealt with, the company could face an award of up to 12 months compensation at the CCMA.

This could be exacerbated if the employee alleges that the complaint relates to harassment. The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace now applies to a wide range of conduct which is classified as harassment, and the employer is obligated to investigate and eliminate any form of harassment in the workplace.

Protecting the Integrity of the Grievance Process

There are instances where employees frequently raise grievances without substantive reasons; such conduct could be addressed via incapacity proceedings based on incompatibility.

Employers should guard against implementing disciplinary action immediately for what could be seen as a dishonest grievance without credible evidence as this could discourage employees from raising legitimate concerns.

Encouraging Fairness and Accountability

The grievance process is a vital part of any workplace and employers must regularly educate employees on the proper procedures and intention behind it. Employees should also be cautioned against raising frivolous or misleading concerns as there could be repercussions for doing so.

The key consideration is that both parties should act in good faith in raising and addressing grievances raised.

Written by Sunisha Roopram