Exam (elaborations)
LRM3702 EXAM PACK 2023
- Institution
- University Of South Africa
LRM3702 EXAM PACK 2023
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LRM3702 EXAM PACK
2023
ADMIN
[COMPANY NAME] [Company address]
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5 A grievance can be defined as an occurrence, situation or condition, either real or perceived, that
6 justifies an employee to formally lodge the matter as warranting action to address it.
7 A grievance constitutes either a real or perceived breach of the terms or expectations in terms of th
8 employment contract and/or the employment relationship
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10 Step 1
11 The worker informs his supervisor verbally of the official complaint or grievance. The supervisor
12 listens and encourages the worker to talk. A decision has to made on how to deal with the grievanc
13 within 24 hours. If the worker is still dissatisfied, the next step must be followed. If he is satisfied, th
14 settlement of the grievance is followed and sent to the HR department.
15 Step 2
16 The grievance must be recorded in writing and the worker, his representative and the supervisor re
17 the grievance to the manager. The manager makes a decision, puts it in writing and notifies the HR
18 department of the aggrieved person. This must be dealt with within 24 hours or as agreed between
19 the parties. If the worker is still dissatisfied Step 3 must be followed.
20 Step 3
21 The first written grievance form, together with the report, must be included in a second grievance
22 form. This is sent to higher management such as head of department. The same process is followe
23 as in Step 2 and a decision must be made within a further 48 hours. The HR department is informe
24 of the decision in writing and if the worker is still dissatisfied Step 4 must be followed.
25 Step 4
26 A formal, independent and impartial grievance committee is convened to investigate the grievance
27 and give a decision. The labour relations expert plays a consultative, advisory role as an official
28 member of the grievance committee. An official from the trade union can form part of the investigati
29 team. A ruling and written report to the interested parties must follow within 2 working days. If the
30 worker is still dissatisfied Step 5 must be followed.
31 Step 5
32 Top management receives all the relevant information as it has developed from the informal level o
33 problem solving to the decision taken in Step 4. Top management must then make a decision withi
34 further 3 working days. If the worker is still dissatisfied, the dispute settlement procedure could be s
35 in motion at their request. This could lead to an external process, such as referring the case to the
36 CCMA
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38 What to do during a grievance investigation
39 ● Investigate each complaint as if it could end up in the Labour Court – this will give the
40 thoroughness and caution required when investigating the complaint. ● Give the aggrieve
41 person enough time to talk ● Follow the procedures laid down.
42 ● Use uniform standards for all workers.
43 ● With each grievance, check the workers file.
44 ● Visit the aggrieved persons workplace and get all the facts
45 ● Ensure that a comprehensive hearing takes place
46 ● If a union is involved, treat its representative with the necessary respect.
47 ● Inform the aggrieved worker immediately about the result.
48 ● Control emotions and behavior
49 ● Inform others members of management of the result.
50 ● Make use of remedial training procedures
51 ● Place all results of the investigation on record
52 ● Be informed about the workers attitudes and behavior in the business ● Always be just an
53 accessible to all workers.
54 What not to do during a grievance investigation
55 ● Do not discuss the matter alone with the trade union representative ● Do no argue with
56 the trade union representative in front of workers.
57 ● Do not jump to conclusions
58 ● Do not remain silent about relevant facts
59 ● Do not ask favours of the trade union
60 ● Do no write unnecessarily long statements
61 ● Do not take action which is not covered by the grievance procedure of the collective agreem
62 ● Do not be over anxious to settle a grievance
63 ● Do not stop any business activities in order to settle a grievance immediately because the
64 trade unions insists on it
65 ● Do not be afraid to admit when management has been at fault
66 ● Never be dishonest or partial
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68 The purpose of Disciplinary Codes and Procedures
69 The disciplinary code specifies the forms of employee behaviour the employer regards as
70 misconduct. It further indicates the type of disciplinary sanctions the employer can apply in the even
71 of an employee breaching the code.
72 The disciplinary procedure sets out the manner in which disciplinary action is to be taken against
73 employees. It details steps that will have to be taken, such as investigations, and appropriate
74 disciplinary sanctions, such as warnings.
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75 Approaches to discipline
76 Positive approach
77 Creates a climate in which employees accept the leadership and role of management and supervis
78 in a positive manner.
79 Workers understand the rules and are motivated to obey them
80 The risk of industrial unrest is minimized
81 There is regular contact, cooperation and discussion between workers, trade unions and
82 management
83 Supervisors give constant guidance with regards to conduct, performance, rules and regulations
84 Negative approach
85 Discipline is mainly regarded as a method of punishment
86 Employers tend not to obtain the cooperation of employees or act in a preventative or rehabilitative
87 manner
88 The approach creates tension and cultivates industrial unrest.
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90 Dismissal for Misconduct
91 The employee breaches or contravenes a rule or standard in the workplace
92 The focus is on:
93 ● Employee’s behavior / conduct and
94 ● Determining whether this conduct breaches workplace rules.
95 Substantive fairness
96 1. Determine whether or not the employee contravened a rule or standard
97 2. If a rule or standard was contravened whether or not
98 The rule was a valid reasonable rule or standard
99 The employee was aware, or could be expected to have been aware of the rule or standa
100 The rule or standard has been consistently applied by the employer
101 Dismissal was an appropriate sanction for the contravention of the of the rule or standard
102 Procedural Fairness
103 The employer should conduct an investigation to determine whether there are grounds for
104 dismissal
105 The employer should notify the employee of the allegations using a language that the
106 employee understands.
107 The employee should be given the opportunity and reasonable time to prepare a response to
108 the allegations.
109 The employee should be entitled to the assistance of a trade union representative or fellow
110 employee
111 After the enquiry, the employee should be made aware of the decision, preferably in writing by
112 employer
113 Discipline against a trade union representative, office bearer or an official of the trade union
114 should not be instituted without informing and consulting the trade union.
115 If the employee is dismissed, the employee must be provided with the reason for dismissal a
116 reminded of the right to refer the matter to a council or commission
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