Unit 5 Flashcards
What is a grievance?
A grievance is a feeling of dissatisfaction within an employee resulting from behaviour or conditions specifically related to the labour relationship that requires the formal attention of management
State the causes of grievance?
- General dissatisfaction with wages and conditions of service
- Dissatisfaction regarding promotion or training
- Complaints about lack of facilities or inadequate equipment
- Perceived unfair treatment
- Unreasonable expectations
- Blatant discrimination
- Supervision
Elaborate on wages being an cause of grievance?
Employees discover that their colleagues in a different department, despite having similar job roles and experience, are receiving significantly higher salaries. This wage disparity causes dissatisfaction and resentment among the employees
Elaborate on dissatisfaction regarding promotion or training being an cause of grievance?
An employee who has consistently performed well in their role and expressed a strong desire for career growth is passed over for a promotion in favor of a less experienced colleague. The employee feels overlooked and undervalued
Elaborate on lack of facilities and non-availability of tools and equipment being an cause of grievance?
Workers in a construction company repeatedly face delays and inefficiencies due to the absence of necessary machinery and tools. They are frustrated by the lack of investment in essential equipment, which affects their productivity and safety.
Elaborate on perceived unfair treatment being an cause of grievance?
A manager consistently assigns the most challenging and undesirable tasks to a particular team member without justification, causing that employee to feel unfairly targeted and singled out
Elaborate on unreasonable instructions being an cause of grievance
An employee is given a task by their supervisor that is clearly beyond their skill set and job description, creating stress and anxiety due to the unrealistic expectations placed on them.
Elaborate on supervision being an cause of grievance
A supervisor is known for micromanaging their team, constantly checking in on their progress and criticizing their every move. Employees feel stifled and frustrated by the lack of autonomy and trust
State the objectives if thed grievance procedures
A properly formulated grievance procedure will:
- Create the opportunity for upward communication from employees
- Ensure that complaints are effectively dealt by management
- Create awareness of employee problems or of problem areas which could be subjected to further investigation
- Prevent dispute from arising
- Make the disciplinary procedure more acceptable, since employees also have a means of objecting to management performance
- Emphasise management’s concern for the well being of employees
Disclose the requirements for effective functioning of the procedure
A grievance procedure should:
- Allow an emoloyee to bring his grievance, in stages, to the attention of top management if necessary
- Permit representation, if the employee so desires
- Oblige management at each stage to give careful consideration to the grievance
- Ensure that managers make genuine attempts to resolve grievances
- State that a grievance will not be resolved until the employee declares himself satisfied
- Provide assurance that the employee will not be intimated or victimized for raising a grievance
How can a grievance procedure be effective?
- All employees need to be trained in the use of the procedure, either during induction or in other training sessions
- Employees must be assured that the steps taken by them will not result in victimization or intimidation. (This must be clearly stated at the beginning of the procedure)
- Employees should be encouraged to use the procedure, but also warned not to abuse it with trivial grievances.
- Employee representatives are bound to become involved in the operation of the grievance procedure
- Management should be completely conversant with all the steps in the grievance procedures and be trained
What training should line managers, supervisors and upwards have?
Concerning grievances
They should be trained in:
- Listening carefully to the grievance
- Clarify any uncertainties
- Distinguish fact from opinion
- Make sure that their understanding of the problem is correct
- Elicit a suggested solution from the employee
- Investigate the grievance
-Verify the facts
- Separate the problem from the person
- Not let their own opinions or prejudices interfere
- Show empathy and not be defensive or hostile
- Find and promote a solution
State the grievance procedure steps
- Step 1: Employees raises a complaint with immediate supervisor
- Step 2; If employee is not satisified, a formal written grievance with the next level management
- Step 3: If employee is not satisfied with the decision of the supervisor, they may lodge a formal written grievance with the report of the supervisor or section head should be forwarded to next level of management
- Step 4: If employee is not satisfied, grievance will be taken up with the next level of management and same process as step 3 will be followed
Step 5: Grievance is brought to the attention of top management which involves management representatives and employee representatives or delegates from representative body
Why is an orderly disciplinary process necessary?
To ensure that discipline is not meted out in an ad hoc manner, that corrective action to avoid dismissals is undertaken and that, when dismissals occur, these are affected in terms of a fair procedure. Ordinarily, this is achieved by providing for a company-wide disciplinary code and procedure
What is the main purpose of a disciplinary procedure? (objectives of the disciplinary code and procedures)
To ensure that:
- All employees are treated in the same manner
- An employee is not disciplined or dismissed at the whim of a manager or supervisor
- Employees are accorded the opportunity of a fair hearing before dismissal occurs
- transgressions of the same kind are treated in the same manner by all managers
- Employees have certainty regarding the type of treatment they will receive
- Managerial representatives obtain certainty about their actions and decisions
What should a disciplinary code and procedure do?
- Be comprehensive and complete
- List all types of transgression which may occur
- Specify the disciplinary measures to be applied in each case
- Be based on company rules which are known to all parties
- Be clear and accessible to employees
- Be written in simple language that all employees can understand
- Conform to the principle of natural justice (the incident should be investigated and the punishment should match the offence)
- An employee must be fairly informed of the reason for disciplinary action
- The employee must have the opportunity to present his side
- He should be allowed a representative
- The circumstances should be taken into account
- There should be conformity in disciplinary measures
State the types of transgressions (the disciplinary code)
- Less serious transgression
- Serious transgression
- Transgression which may result in dismissal
State the system of progressive discipline
- Warnings (verbal warning for first time offender, written warning for a second offence and dismissal after final warning)
- Suspension from service (serious transgression)
- Transfers
- Demotions
- Dismissal (serious offences but not before a proper hearing has been held)
What should dismissal be reserved for according to the Code of Good Practice?
For serious transgressions or continued misconduct where the employee has received several warnings.
Provide serious misconduct
- Gross dishonesty
- Wilful destruction of property
- Intentional threats to the health and safety of others
- A physical attack on the employer, a co-employee, a customer or a client
- Gross insubordination
Disclose the dismissible transgressions (dismissal without a notice period)
- Failure or refusal to work
- Deliberate and continued absenteeism
- Gross negligence
- Serious incompetence
- Refusal to carry out orders
- Repeated late coming
- Incapacity of the employee
- Dishonesty in the sphere of work
- Disloyalty to the computer
- Drunkenness
- Assault
- Gross insubordination
Is participating in legal or protected strike included in failure or refusal to work?
No, but employees engaged in an unprotected (illegal) strike may be dismissed but subject to certain conditions
What is not included in dismissible transgressions in regards deliberate and continued absenteeism?
To absenteeism for illness or another valid illness.
It is referred to employee who is continually absent and can not be proved not have had a valid reason, or to an employee’s absenting himself on purpose when he was expected or instructed to work
Discuss gross negligence
The negligence must have had severe consequences and it must be proved that these consequences resulted from wilful negligence of the employee.
Discuss refusal to carry out orders
The orders must be reasonable and within the ambit of an employee’s normal job. The employee is entitled to disobey an unreasonable order, or one not related to his actual work
Discuss repeated late coming
The late coming must be ongoing and serious, and the employee must be given necessary warnings before dismissal occurs
Discuss serious incompetence
- It is presumed that an employer will, before taking someone into his employ, satisfy himself that the incumbent is able to perform the work he has been employed to do.
- If the employer has failed to do so, the incompetence of the employee might be condoned.
- If the employee has mislead the employer into believing that they are able to perform the work, the employer would have sufficient reason to dismiss him
Discuss incapacity of the employee
If the employee cannot perform his job because of illness or disability, the employer will be entitled to dismiss them.
- There is a lawful procedure to be followed when dismissing for incapacity
Discuss dishonesty in the sphere of work
This includes stealing, failure to account for funds, fraud, misappropriation of money or goods and the acceptance of brides
Discuss dishonesty outside the sphere of work
An employee may be dismissed if he has been convicted of a crime which places serious doubt on his trustworthiness in or suitability for the position occupied
Discuss disloyalty to the employer
This may take the form of competition with employer’s business, the leaking of confidential information to competitors or any other type of assistance to a competitor.
- Disloyalty in the form of derisive remarks about the undertaking is not included if this does not directly affect the employer’s business or competitiveness
Discuss drunkness
Unless the nature of the business is such that no alcohol may be consumed, drunkenness must be of such a nature that it results in negligence or incapacity to perform the work
Discuss assault
Any physical attack on another employee or on a member of management is regarded as sufficient reason for dismissal
Discuss insubordination or insolence
Merely being ‘cheeky’ towards a manager or supervisor is not sufficient reason for instant dismissal . The transgression must be such that it undermines the authority and position of the superior
How is are preliminary disciplinary hearings conducted?
An investigation should be conducted prior to the hearing.
- Informing the employee about the hearing and his rights(right to request information, interpreter, representation etc.)
- Preparing for the hearing
- Suspension pending a disciplinary hearing
- Appointing a neutral chairperson
State the disciplinary procedure
- Notification of and preparation for the hearing
- Opening the hearing
- Hearing the evidence
- Deciding if they employee is guilty of the charges
- Hearing mitigating and aggravating evidence and pleas
- Informing the employee of the sanction
How does the hearing proceed?
- Chair person reads allegations to the employee
- Asks employee if he understands allegations and whether he was properly notified
- Employee informed about his rights and whether these rights have been observed
- Introduce all persons present at the hearing
- Management representatives describe events that led to the allegations
- Employee and his representative to respond
Parties may then present their arguments and call witnesses if any - Chair person should inform parties of their right to cross-examine
- Chair person may ask questions for clarification and briefly sum up main aspects of the case
- Chair person makes a decision as to whether the employee has, on a balance of probabilities committed the transgression
Discuss decision as a sanction
- One the employee has admitted to a transgression or been found guilty by the chairperson a decision regarding the sanction should be made and the following factors should be considered when deciding on the sanction
- Mitigating and aggravating circumstances
Whether the relationship has broken down irretrievably - Whether employee is likely to commit the same offence and decide:
- Whether a dismissal is necessary to deter others from committing similar transgressions
- Possibility of rehabilitation
- The effect that the dismissal would have on the organization, the employer and employees
- Once a decision has been made it should be clearly communicated with the employee and should also be recorded
Complete the sentence
The code of good practice states…
That every employer must adopt disciplinary rules which state how employees should behave or not behave but there are some rules and norms which are so well known that they need not be formalized.
