Can Sarah refer the matter to the CCMA if her grievance remains unresolved?
Your employee, Sarah, lodges a complaint in writing as per your grievance procedure.
She explains to you that she's not happy because her office is in a noisy area and she can't do her work properly.
You investigate the matter and you find there's nothing you can do about the noise because the company next door is doing renovations and you can't stop them.
As a result, Sarah's grievance remains unresolved. And you're now wondering if Sarah can take you to the CCMA for this.
Read on to find out the answer...
Be warned! Sarah has a right to take you to the CCMA if there's no resolution to her grievance
If a workplace grievance remains unresolved, your employee may refer the matter to the CCMA.
BUT, there's a catch.
Your employee MUST first follow the full internal grievance procedure before referring a case to the CCMA.
This means, your employee must try to resolve the issue by raising it verbally with you (his direct manager.)
If you don't resolve the matter, your employee must put the workplace grievance in writing on the grievance form.
If she doesn't get any joy from your decision, she can appeal it by bringing the written grievance to your senior manager.
Should your senior manager fail to resolve the issue, or fail to respond within the time limit that's in your grievance procedure, your employee may lodge an appeal to your company CEO or go to the CCMA.
How can you stop this?
To avoid being taken to the CCMA, we advise you to do your best to resolve your employee's grievance and explain every step you take so your employee doesn't feel like you're taking her complaint lightly.
If you don't have a grievance policy and procedure, you're going to land up in hot water... The Labour Law for Managers has everything policy procedure, template and checklist you need... Get your hands on your copy today!
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