Author: Andiswa Raraza
Issues of harassment and grievances are common in the workplace. However, often the correct procedures are not followed due to a lack of understanding of the differences between these two terms. Let’s take a closer look.
Understanding harassment
Harassment is unwanted conduct that impairs dignity and creates a hostile or intimidating work environment for one or more employees. It can also induce submission through actual or threatened adverse consequences.
Types of harassment include:
- Physical harassment eg. physical attacks, simulated or threatened violence or gestures
- Verbal bullying such as threats, shaming, hostile teasing and racist, sexist or LGBTQIA+ phobic language
- Psychological harassment or emotional abuse
Prevent harassment by:
- Conducting an harassment risk assessment
- Implementing policies and procedures related to harassment
- Conducting training and awareness programmes in the workplace regarding harassment
When harassment is reported to an employer, it is important to:
- Consult all relevant parties
- Take necessary steps to address the complaint following the employer’s policy and legal codes
- Take steps to eliminate harassment
An employee who feels unfairly discriminated against or that their employer has contravened the laws may lodge a grievance in writing. If the issue cannot be resolved within the workplace, it may be referred to the CCMA.
Understanding grievances
Grievances in the workplace arise from issues causing concern or discontent to an employee, or misunderstandings between employees, colleagues or managers that need to be addressed to maintain a harmonious and productive work environment.
Types of grievances include:
- Grievance of right: This occurs when an employer does not provide something an employee is entitled to by legislation, collective agreements, conditions of service, employment contract or established practice.
- Grievance of interest: Occurs when an employee feels they have an entitlement to a claim in law against the employer even though they don’t, leading to feelings of unfair treatment.
Examples of grievances:
- Alleged violations of employment contracts
- Unhappiness with working conditions
- Interpersonal issues with colleagues or managers
- Feeling unheard by management regarding work concerns
- Pay queries
- Unhappiness with working hours
Every company should have a grievance procedure to assist in:
- Conflict resolution
- Providing a safe space for employees to air their grievances
- Resolving issues quickly
- Offering employees a trustworthy platform to express concerns
- Ensuring sound labour relations
Key issues to remember:
- A grievance is not a disciplinary procedure, however disciplinary action may result from a grievance.
- Protection may be necessary for individuals from further harassment.
- A person against whom a grievance is laid is not automatically guilty. Both parties must be protected.
- The person laying the grievance cannot dictate the outcome.
- Unresolved grievances can cause frustration and unhappiness, impacting overall staff morale. A recognised grievance management process empowers employees to have their issues heard and resolved.
By understanding the differences between harassment and grievances, employers and employees can ensure a more respectful, productive and harmonious work environment. If you need guidance or support in addressing these issues, our team is here to help. Contact us today!