Employee Grievances in South Africa

Published by Devhulon Business & People Solutions

A grievance is one of the most important ways an employee can raise a concern about something happening in the workplace.

Employees may have concerns about management decisions, working conditions, workplace relationships, pay, leave, workload, policies or how they have been treated. When these concerns are ignored or handled poorly, they can develop into serious workplace conflict.

For employers, an effective grievance process is therefore not simply an administrative requirement. It is an important part of employee relations, workplace governance and risk management.

This article explains what employee grievances are, how employers should handle them, and what managers should consider when an employee raises a workplace complaint.

What Is an Employee Grievance?

An employee grievance is a complaint or concern raised by an employee about a workplace matter that they believe needs to be addressed.

A grievance may concern:

• Management decisions
• Working conditions
• Pay or benefits
• Working hours
• Leave
• Work allocation
• Performance management
• Workplace relationships
• Alleged unfair treatment
• Bullying or harassment
• Discrimination
• Workplace policies
• Communication
• Changes to working arrangements

A grievance does not automatically mean that the employer has acted unlawfully.

It means that an employee has raised a concern that should be considered.

The employer’s responsibility is to establish what happened, consider the relevant information and respond appropriately.

Why Are Grievance Procedures Important?

A grievance procedure gives employees a recognised way of raising concerns.

Without a clear process, employees may resort to:

• Informal confrontation;
• Complaints to other employees;
• Refusal to cooperate;
• Escalation to senior management;
• External dispute-resolution mechanisms; or
• Formal labour disputes.

A structured grievance process can help management identify and address problems before they become more serious.

It also gives the organisation an opportunity to identify recurring issues.

For example, if several employees independently complain about the same manager’s communication style, the organisation may need to investigate whether there is a broader management problem.

Grievance vs Disciplinary Action

A grievance and a disciplinary process are not the same thing.

Grievance

A grievance is generally a complaint raised by an employee about a workplace issue.

For example:

“I believe my manager is treating me differently from other employees.”

Disciplinary Action

A disciplinary process generally concerns alleged misconduct by an employee.

For example:

“The employee refused to follow a reasonable management instruction.”

The two processes can sometimes occur at the same time.

For example, an employee may face disciplinary action while also raising a grievance against the manager who initiated the disciplinary process.

Management should avoid assuming that one automatically invalidates the other.

Each matter should be assessed on its own facts.

Common Types of Employee Grievances

Not all grievances look the same.

Pay and Payroll Grievances

An employee may believe that their salary, overtime, deductions, commission or other payment is incorrect.

These grievances should first be checked against the relevant payroll records, employment agreement and applicable workplace arrangements.

Leave Grievances

Employees may complain about:

• Leave being declined;
• Incorrect leave balances;
• Delays in processing leave;
• Inconsistent treatment; or
• Disagreements about leave arrangements.

The employer should establish what the applicable policy and employment requirements provide.

Management Grievances

An employee may complain about a manager’s conduct or management style.

Examples include allegations of:

• Favouritism;
• Unfair treatment;
• Excessive supervision;
• Poor communication;
• Intimidation;
• Inappropriate comments; or
• Inconsistent application of workplace rules.

These complaints should be investigated rather than dismissed simply because they concern a manager.

Workplace Relationship Grievances

Employees may raise complaints about conflicts with colleagues.

Not every interpersonal disagreement amounts to misconduct or harassment.

The employer should establish what actually happened and determine whether intervention, mediation, management action or another process is appropriate.

Performance-Related Grievances

An employee may challenge:

• A performance rating;
• A KPI;
• A performance-improvement plan;
• Feedback from a manager; or
• A decision relating to their performance.

The employer should review whether the performance standard was reasonable, communicated and consistently applied.

How Should an Employer Receive a Grievance?

The organisation should provide employees with a clear method of raising workplace concerns.

Depending on the organisation, a grievance may be submitted to:

• The employee’s manager;
• HR;
• A senior manager;
• A designated grievance officer; or
• Another person identified in the company’s grievance procedure.

The grievance may be verbal or written depending on the organisation’s policy and the circumstances.

However, written grievances are often easier to investigate because they provide a record of the employee’s concern.

An employer should not require an employee to use complicated legal language.

The purpose of the grievance process is to understand the concern, not to test the employee’s ability to draft a legal document.

What Information Should a Grievance Contain?

Where possible, the employee should provide enough information for the employer to understand the complaint.

Useful information includes:

• What happened;
• When it happened;
• Where it happened;
• Who was involved;
• What the employee believes was unfair or inappropriate;
• Relevant documents or communications;
• Potential witnesses; and
• What outcome the employee is seeking.

However, missing information should not automatically result in the grievance being rejected.

HR may need to ask follow-up questions.

Step 1: Acknowledge the Grievance

The employer should acknowledge receipt of the complaint.

The acknowledgement does not mean that the employer agrees with the employee.

It simply confirms that the concern has been received.

For example:

“We acknowledge receipt of your grievance and will review the concerns raised. We will communicate the next steps with you.”

This is particularly important where the employee believes that previous complaints have been ignored.

Step 2: Assess the Seriousness of the Matter

Not every grievance requires the same response.

A minor administrative disagreement may be resolved quickly.

A complaint involving serious allegations may require a formal investigation.

HR should consider:

• The seriousness of the allegation;
• Whether anyone’s safety is at risk;
• Whether there may be discrimination or harassment;
• Whether evidence could be lost;
• Whether there is an ongoing conflict;
• Whether interim measures are necessary; and
• Whether the matter requires specialised assistance.

Serious matters should not be treated as ordinary workplace disagreements simply because they were submitted through the grievance procedure.

Step 3: Review the Company’s Policies

Before investigating, HR should identify which policies or workplace rules may apply.

These could include:

• Grievance procedures;
• Disciplinary codes;
• Leave policies;
• Working-hours policies;
• Performance-management policies;
• Anti-harassment policies;
• Employment-equity policies;
• Health and safety policies; or
• Codes of conduct.

The organisation should apply its procedures consistently.

A policy is only useful if managers actually understand and follow it.

Step 4: Investigate the Facts

The purpose of an investigation is to establish what happened.

Depending on the complaint, HR may need to:

• Interview the complainant;
• Interview the person complained about;
• Speak to witnesses;
• Review documents;
• Examine emails or messages;
• Review attendance records;
• Check payroll information;
• Review policies;
• Examine previous communications; and
• Consider other relevant evidence.

The investigator should avoid starting with the assumption that the employee is right or wrong.

The investigation should be evidence-based.

What Questions Should an Investigator Ask?

A useful investigation should establish:

What happened?

Obtain a clear account of the events.

When did it happen?

Establish the relevant timeline.

Who was involved?

Identify all relevant people.

What evidence exists?

Determine whether there are documents, messages, records or witnesses.

What rule or policy applies?

Identify the standard against which the conduct or decision should be assessed.

What is the employee’s desired outcome?

Understanding the desired outcome can help management identify possible solutions.

Give the Other Person an Opportunity to Respond

Where a grievance contains allegations against another employee, that person should generally have an opportunity to respond.

For example, an employee may allege:

“My manager denied my leave because they favour another employee.”

The manager should be given an opportunity to explain:

• Why the leave was declined;
• What operational considerations applied;
• Whether the relevant leave policy was followed;
• Whether similar requests were treated differently; and
• What supporting information exists.

The objective is to establish the facts rather than automatically accept either version.

Maintaining Confidentiality

Grievances can contain sensitive information.

The employer should therefore handle information carefully and limit disclosure to people who legitimately need the information to deal with the matter.

However, employers should be careful about promising absolute confidentiality.

An investigation may require allegations or evidence to be discussed with other relevant people.

A better approach is to explain that the employer will handle the matter as confidentially as reasonably possible.

Should the Accused Manager Investigate the Grievance?

Generally, this should be avoided where the grievance concerns the manager personally.

Allowing someone to investigate a complaint against themselves creates an obvious conflict of interest and can undermine confidence in the process.

Depending on the organisation, the grievance could instead be handled by:

• HR;
• Another manager;
• Senior management;
• An independent investigator; or
• Another appropriately appointed person.

The person handling the grievance should be sufficiently independent to assess the matter objectively.

Holding a Grievance Meeting

A grievance meeting gives the employee an opportunity to explain the concern and provide additional information.

The meeting should be structured and professional.

The person conducting the meeting should:

1. Explain the purpose of the meeting;
2. Allow the employee to explain the grievance;
3. Ask relevant questions;
4. Clarify unclear information;
5. Consider supporting evidence;
6. Discuss possible solutions; and
7. Explain the next steps.

The meeting should not become an argument.

The objective is to understand and resolve the workplace concern.

Can Grievances Be Resolved Informally?

Yes.

A formal grievance process is not always necessary.

Some workplace concerns can be resolved through:

• A management discussion;
• Clarification of a misunderstanding;
• Mediation;
• Coaching;
• Correcting an administrative error;
• Clarifying responsibilities;
• Changing a workplace process; or
• Improving communication.

However, serious allegations should not be forced into an informal process merely for convenience.

The appropriate approach depends on the nature and seriousness of the complaint.

What If the Grievance Is About Harassment?

Allegations involving harassment require particular care.

The employer should not simply dismiss the matter as a personality clash or workplace disagreement.

The organisation should consider:

• The nature of the alleged conduct;
• The relevant workplace policy;
• The available evidence;
• Potential witnesses;
• Whether immediate measures are required;
• The effect on the employees involved; and
• Whether an appropriate investigation is required.

Employers should ensure that their workplace practices are aligned with applicable South African employment legislation and the relevant Code of Good Practice concerning harassment in the workplace.

Serious matters may require specialist HR or legal assistance.

What If the Grievance Involves Discrimination?

An employee may raise a grievance alleging unfair discrimination.

This should be taken seriously.

The employer should establish:

• What decision or treatment occurred;
• Who made the decision;
• What reason was provided;
• Whether other employees were treated differently;
• What evidence exists; and
• Whether applicable employment-equity or anti-discrimination requirements are relevant.

The employer should investigate the facts rather than dismissing the allegation without proper consideration.

Can an Employee Be Disciplined for Raising a Grievance?

An employee should not be punished simply for raising a legitimate workplace concern.

Employees need to be able to use internal workplace processes without automatically fearing retaliation.

However, raising a grievance does not provide immunity for unrelated misconduct.

For example, an employee can legitimately raise a grievance and separately commit misconduct.

The grievance and misconduct should be considered independently.

What If the Grievance Is Not Substantiated?

Not every grievance will be upheld.

After considering the available evidence, the employer may conclude that the grievance is:

Substantiated

The evidence supports the employee’s complaint.

Partially substantiated

Some parts of the complaint are supported while others are not.

Not substantiated

The available evidence does not sufficiently support the complaint.

A grievance that is not substantiated does not automatically mean that the employee lied.

There may simply not be enough evidence to establish the allegation.

This is an important distinction for managers and HR practitioners.

What If an Employee Makes a False Grievance?

An employer should distinguish between an unsubstantiated grievance and a deliberately false grievance.

These are not automatically the same thing.

If an investigation establishes that an employee knowingly fabricated an allegation, the employer may consider whether this amounts to misconduct.

However, employers should be cautious before reaching that conclusion.

The fact that a complaint cannot be proven does not by itself establish dishonesty.

How Should the Employer Communicate the Outcome?

The employee should generally be informed of the outcome once the grievance has been considered.

The communication should explain, where appropriate:

• What was considered;
• The outcome;
• Any action the organisation will take;
• Any corrective measures; and
• Available internal escalation or appeal mechanisms.

The employer does not necessarily need to disclose confidential disciplinary information concerning another employee.

For example, if a complaint against a manager results in separate disciplinary action, the complainant may be informed that the matter has been addressed without being given the manager’s confidential disciplinary outcome.

Grievances and Disciplinary Proceedings

A grievance can sometimes arise during an existing disciplinary process.

For example:

An employee receives a disciplinary notice and then submits a grievance alleging that the manager is targeting them.

This should not automatically stop the disciplinary process.

However, the employer should consider whether the grievance raises issues that could materially affect the fairness or credibility of the disciplinary process.

Depending on the circumstances, the organisation may:

• Investigate the grievance separately;
• Address the grievance before continuing;
• Continue both processes independently; or
• Take another appropriate approach.

There is no single solution that applies to every case.

The facts should determine the approach.

Common Employer Mistakes

Ignoring grievances

Employees who feel ignored may escalate their concerns.

Taking sides before investigating

HR should avoid making conclusions before considering the available evidence.

Allowing conflicts to continue

Some grievances are symptoms of deeper management or workplace problems.

Treating every grievance as misconduct

A complaint is not automatically evidence of employee misconduct.

Treating every failed grievance as dishonesty

An allegation that cannot be proven is not automatically a false allegation.

Promising absolute confidentiality

Some information may need to be shared during an investigation.

Allowing unnecessary delays

A delayed grievance can increase workplace tension.

Failing to document the process

Poor records make it difficult to demonstrate how the matter was handled.

Using the grievance procedure inconsistently

If similar complaints are treated completely differently without a legitimate reason, employees may perceive the process as unfair.

A Practical Grievance Process

A simple workplace grievance process can follow this structure:

Employee raises concern

↓

Employer acknowledges grievance

↓

HR assesses seriousness and urgency

↓

Applicable policy and procedure identified

↓

Facts investigated

↓

Relevant parties given an opportunity to respond

↓

Evidence considered

↓

Possible solutions identified

↓

Outcome determined

↓

Employee informed

↓

Corrective action implemented where necessary

↓

Matter monitored or escalated where appropriate

The exact process should be adapted to the employer’s policies and the circumstances of the case.

How Small Businesses Can Manage Grievances

Small businesses may not have dedicated HR departments, but they can still establish a structured grievance process.

At a minimum, the business should have:

• A written grievance procedure;
• A clear person responsible for receiving complaints;
• A method for recording grievances;
• A process for investigating complaints;
• Appropriate documentation;
• Clear communication with employees; and
• An escalation mechanism.

As the organisation grows, more formal HR systems can be introduced.

The important principle is consistency.

A procedure that exists on paper but is never followed provides little practical value.

Why Documentation Matters

Documentation is an important part of employee relations.

Employers should maintain appropriate records of:

• The original grievance;
• Correspondence;
• Investigation notes;
• Relevant evidence;
• Meeting records;
• Responses from relevant employees;
• Findings;
• Outcome communications; and
• Corrective action.

Records should be factual and professional.

HR notes should distinguish between facts, allegations and conclusions.

For example:

Weak record:

“The employee was difficult and clearly wanted to cause trouble.”

Better record:

“The employee stated that their manager had denied three leave requests while approving similar requests from two colleagues. Payroll and leave records were reviewed to assess the allegation.”

The second record is objective and can be assessed against evidence.

Final Thoughts

An effective grievance process is an important part of responsible people management.

Employees should have a reasonable opportunity to raise workplace concerns, while employers should have a structured way to investigate and resolve those concerns.

The goal is not simply to determine who is right or wrong.

A good grievance process should help the organisation answer several questions:

What happened?

Why did it happen?

What evidence supports the different versions?

What workplace standard or policy applies?

What needs to be done to resolve the matter?

Is there a broader organisational problem that needs attention?

When grievances are handled consistently, objectively and professionally, they can become an important tool for improving employee relations rather than simply another source of workplace conflict.

For South African employers, grievance management should form part of a broader HR framework that includes clear policies, effective communication, fair employee-relations processes and appropriate record keeping.

Frequently Asked Questions

What is an employee grievance?

An employee grievance is a workplace complaint or concern raised by an employee about a matter they believe requires attention or resolution.

Does every grievance require a formal hearing?

No. Some matters can be resolved informally. More serious or disputed matters may require a formal investigation or grievance meeting.

Can an employee submit a grievance against their manager?

Yes. Where the complaint concerns the manager, another appropriately independent person should generally consider handling the grievance.

What happens if a grievance is not proven?

The grievance may be found to be not substantiated. This does not automatically mean that the employee deliberately made a false complaint.

Can an employer discipline an employee for making a grievance?

An employee should not be disciplined simply for raising a legitimate workplace concern. However, separate misconduct can still be addressed through the appropriate process.

How long should a grievance investigation take?

There is no universal timeframe for every grievance. Employers should deal with complaints as promptly as reasonably possible while allowing sufficient time for a proper investigation.

Should HR investigate every grievance?

The appropriate person depends on the organisation, the seriousness of the complaint and whether there is a potential conflict of interest.

What should a grievance policy contain?

A grievance policy should explain how employees can raise concerns, who receives grievances, how investigations are conducted, applicable timeframes, escalation mechanisms and how outcomes are communicated.

Disclaimer

This article is provided for general informational and educational purposes and does not constitute legal advice. Employment matters depend on their specific facts, applicable legislation, workplace policies, collective agreements and other relevant circumstances. Employers should obtain appropriate professional or legal advice where a matter is complex or may result in significant employment consequences.

Devhulon Business & People Solutions provides HR consulting and people-management support to businesses seeking practical assistance with employee relations, HR compliance, performance management and workplace processes.