Exam (elaborations)
LRM3702 EXAM PACK 2023
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- University Of South Africa (Unisa)
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LRM3702 EXAM PACK 2023QUESTIONS
AND ANSWERS
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, Oct 2017
A grievance can be defined as an occurrence, situation or condition, either real or perceived, that
justifies an employee to formally lodge the matter as warranting action to address it.
A grievance constitutes either a real or perceived breach of the terms or expectations in terms of th
employment contract and/or the employment relationship
Step 1
The worker informs his supervisor verbally of the official complaint or grievance. The supervisor
listens and encourages the worker to talk. A decision has to made on how to deal with the grievanc
within 24 hours. If the worker is still dissatisfied, the next step must be followed. If he is satisfied, th
settlement of the grievance is followed and sent to the HR department.
Step 2
The grievance must be recorded in writing and the worker, his representative and the supervisor re
the grievance to the manager. The manager makes a decision, puts it in writing and notifies the HR
department of the aggrieved person. This must be dealt with within 24 hours or as agreed between
the parties. If the worker is still dissatisfied Step 3 must be followed.
Step 3
The first written grievance form, together with the report, must be included in a second grievance
form. This is sent to higher management such as head of department. The same process is followe
as in Step 2 and a decision must be made within a further 48 hours. The HR department is informe
of the decision in writing and if the worker is still dissatisfied Step 4 must be followed.
Step 4
A formal, independent and impartial grievance committee is convened to investigate the grievance
and give a decision. The labour relations expert plays a consultative, advisory role as an official
member of the grievance committee. An official from the trade union can form part of the investigat
team. A ruling and written report to the interested parties must follow within 2 working days. If the
worker is still dissatisfied Step 5 must be followed.
Step 5
Top management receives all the relevant information as it has developed from the informal level o
problem solving to the decision taken in Step 4. Top management must then make a decision withi
further 3 working days. If the worker is still dissatisfied, the dispute settlement procedure could be s
in motion at their request. This could lead to an external process, such as referring the case to the
CCMA
,What to do during a grievance investigation
● Investigate each complaint as if it could end up in the Labour Court – this will give the
thoroughness and caution required when investigating the complaint.
● Give the aggrieved person enough time to talk
● Follow the procedures laid down.
● Use uniform standards for all workers.
● With each grievance, check the workers file.
● Visit the aggrieved persons workplace and get all the facts
● Ensure that a comprehensive hearing takes place
● If a union is involved, treat its representative with the necessary respect.
● Inform the aggrieved worker immediately about the result.
● Control emotions and behavior
● Inform others members of management of the result.
● Make use of remedial training procedures
● Place all results of the investigation on record
● Be informed about the workers attitudes and behavior in the business
● Always be just and accessible to all workers.
What not to do during a grievance investigation
● Do not discuss the matter alone with the trade union representative
● Do no argue with the trade union representative in front of workers.
● Do not jump to conclusions
● Do not remain silent about relevant facts
● Do not ask favours of the trade union
● Do no write unnecessarily long statements
● Do not take action which is not covered by the grievance procedure of the collective
agreement
● Do not be over anxious to settle a grievance
● Do not stop any business activities in order to settle a grievance immediately because the
trade unions insists on it
● Do not be afraid to admit when management has been at fault
● Never be dishonest or partial
The purpose of Disciplinary Codes and Procedures
, The disciplinary code specifies the forms of employee behaviour the employer regards as
misconduct. It further indicates the type of disciplinary sanctions the employer can apply in the eve
of an employee breaching the code.
The disciplinary procedure sets out the manner in which disciplinary action is to be taken against
employees. It details steps that will have to be taken, such as investigations, and appropriate
disciplinary sanctions, such as warnings.
Approaches to discipline
Positive approach
Creates a climate in which employees accept the leadership and role of management and
supervisors in a positive manner.
Workers understand the rules and are motivated to obey them
The risk of industrial unrest is minimized
There is regular contact, cooperation and discussion between workers, trade unions and
management
Supervisors give constant guidance with regards to conduct, performance, rules and regulations
Negative approach
Discipline is mainly regarded as a method of punishment
Employers tend not to obtain the cooperation of employees or act in a preventative or rehabilitative
manner
The approach creates tension and cultivates industrial unrest.
Dismissal for Misconduct
The employee breaches or contravenes a rule or standard in the workplace
The focus is on:
● Employee’s behavior / conduct and
● Determining whether this conduct breaches workplace rules.
Substantive fairness
1. Determine whether or not the employee contravened a rule or standard
2. If a rule or standard was contravened whether or not
The rule was a valid reasonable rule or standard
The employee was aware, or could be expected to have been aware of the rule or
standard
The rule or standard has been consistently applied by the employer
Dismissal was an appropriate sanction for the contravention of the of the rule or
standard
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