The grievance procedure for Metallon is enshrined in the National Employment Council (NEC) Collective Bargaining Agreement: Mining Industry, Statutory Instrument 152 of 1990, Part E.
The statutory instrument provides guidelines for a grievance procedure. It stipulates the rights for every employee to seek redress for grievances relating their employment. It also gives guidelines on the process of conducting the grievance hearing.
Though the Collective Bargaining Agreement covers only the non managerial employees in Grade 1 to 13. This procedure is also applicable to managerial employees.
Guidelines for a grievance procedure
- All employees have a right to seek redress for grievances relating to their employment. In this context a grievance is any dissatisfaction or feeling of injustice arising out of a work situation.
- It is in every company’s interest that all grievances be resolves at the earliest stage possible and as near to the point of origin as possible. It is important that grievances be considered and resolved equitably, speedily and fairly and all employees should be made aware of this basic right in addition to the fact that all employees may submit grievances without any prejudice whatsoever regarding their employment.
- An employee who wishes to raise any issue as a grievance in which he/she is directly concerned must do so, in writing, to his or her immediate supervisor who shall, in addition to keeping a record of the matter -
- Make arrangements to hear the grievance within seventy-two hours in privacy;
- Permit the employee to be accompanied and assisted by a representative of the worker’s committee or trade union (if he is a member of the union) who shall be of his choosing;
- Identify the grievance and the circumstances surrounding it;
- Clarify any points of confusion and inconsistency;
- Offer counselling if such is felt beneficial to arrive at an equitable understanding, for misunderstanding is, in the majority of cases often the reason behaving a grievance;
- Sum up and make a decision;
- After a decision has been made, no further discussion must take place.
Note – A grievance hearing will be attended by not more than two (2) aggrieved employees, not more than two (2) witnesses, one employee organization representative (where appropriate), a personnel department representative (PDR) and the supervisor who is hearing the grievance.
- Should the aggrieved employee be dissatisfied with the supervisor’s decision, he/she may appeal to the senior supervisor, in writing, within seventy-two hours, stating the grounds for appeal;
- The senior supervisor will review the case with any person whom he wishes to consult, make a decision within seventy-two hours and endorse the case records accordingly. The decision will then be communicated to the aggrieved employee;
- Should the aggrieved employee still be dissatisfied with the senior supervisor’s decision, he may appeal to the Head of Department, in writing, within seventy-two hours, stating the grounds for the appeal;
- The Head of Department will review the case and make a decision, within seventy-two hours, and endorse the case records accordingly,
- Should the aggrieved employee still be dissatisfied with the Head of Department’s decision, he may appeal to the Manager, in writing, within seventy-two hours, stating the grounds for the appeal;
- The Manager will review the case and make a decision, within seventy-two hours, and endorse the case records accordingly and the Manager’s decision shall be final.
Note - Nothing in the foregoing procedure shall prevent an employee from pursuing a grievance further through the channels recognised by the Ministry of Labour, Manpower Planning and Social Welfare.
At all steps in the grievance procedure, the personnel or staff department, as the case may be, may be consulted by all parties for guidance and precedents.