Where no Formal Grievance Procedure exists in the workplace
Many employers do not have a written Formal Grievance Procedure
in the workplace. (You may wish to confirm this with your manager
or supervisor before considering appropriate action.)
Even if a Formal Grievance Procedure does not exists where you work, it
is advisable to raise your concerns with your manager/ supervisor in
writing before taking the matter outside the workplace. Employers
usually take exception to outsiders meddling in internal workplace
management matters and prefer the matter to be dealt with internally
prior to the intervention of a third party.
Where possible, communication should be in writing. It is critical
to put together as much proof as possible that you have attempted to
resolve the issue before the matter is taken outside the workplace.
This will strengthen your case if you need to take it further.
Often when these types of matters reach the CCMA, the employer simply
claims that he was unaware of the dispute and argues that the company
would have attended to the problem had they known about it. This could
detract from your claim especially if no evidence can be brought showing
that the matter was initially pursued internally.
When an attempt to resolve a dispute fails
When a matter is not resolved adequately internally, professional expert
advice should be sought prior to taking the next step.
(Resigning in frustration should not be considered the solution... Such
resignation may play into the hands of your employer who has acted
Professional counsel would be invaluable:
insight into the legal position, and
to be advised of the various options available to best protect your
ill health / injury
formal grievance procedure