1.1 Differentiate between a complaint and a grievance
A complaint is simply an expression of dissatisfaction or anger about a particular
problem. A grievance, on the other hand, is a formal complaint about the work
environment that is filed by an employee or group of employees. An informal complaint
will be dealt with, but a formal complaint becomes a grievance when it is filed with the
supervisor.
Explain the meaning of a grievance procedure
Grievance procedures are a way for employees to voice their grievances about their
workplace, working environment, or how their colleagues or managers treat them. They
provide employees with a way to deal with issues that could have a negative impact on
their overall job satisfaction, health, or performance.
Purpose of a grievance procedure
The aim of the grievance process is to:
, Help the employee to resolve a grievance as soon as possible and as close as possible
to the source of the grievance;
Give the employee access to senior management to resolve any grievances;
When possible, resolve a grievance constructively on terms that are fair to the employee
and fair to the company.
1.2 Discuss whether the company was justified in instituting disciplinary measures
against Mokoena for continuously raising grievances.
No
The company did not have the right to do so, as it has a legal right to file a grievances, to raise
grievances and to express its grievances and to seek a fair and equitable resolution.
1.3 Discuss the fairness of the misconduct dismissal of Mokoena.
1.3.1 Procedural requirements
a) Was the employee given appropriate evaluation, instruction, training, guidance or
counselling?
Yes, Mokoena was assisted by his employer through the process of the Independent
Counselling and Advisory Services (“ICAS “), and The employer uninterruptedly
assisted Mokoena who later continuously rejected advice
b) Was the employee given a reasonable time for improvement, but continued to perform
unsatisfactorily?
Yes, Mokoena poor work performance persisted which had resulted in the low
performance rating afforded to the employee.
c)Was the matter investigated?
Yes, the matter was investigated through Independent Counselling and Advisory
Services (“ICAS“), where after it was established that he was fit to perform his work
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