Processes to Resolve Conflict

The First Level of Conflict Resolution

First-level conflict resolution is less formal. Normally companies do not have policies and procedures for this level of conflict as it is expected to be a less formal process. There are however some universal guidelines to resolve conflict on this level:

• Identify the joint purpose of the group. Ask the question what makes our team/teams important to the overall success of the business? This assists to get on ‘common ground’ rather than opposing goals.
• Identify the root cause of the conflict that is keeping the joint purpose being achieved. This means identifying what is the impact of the conflict – how it prevents the group/company to achieve its goals; identifying where the conflict originates and how it can be eliminated or controlled at the source of occurrence. Always remember that the conflict resolution process is to solve problems and not to affix blame. Thus you do not look at who causes the conflict, but rather where the root cause originates.
• Develop action plans to eliminate or control the root cause. This is a joint process where all parties involved or directly affected by the conflict should be involved

The Second Level of Conflict Resolution

The second level of conflict is a more formal one. This process is usually regulated by the Grievance Procedure in a company. When conflict comes to the second level, an attempt has usually been made to settle it on the first level, but it didn’t work.

A grievance is any complaint, dissatisfaction or feeling of injustice suffered by an employee(s) concerning his/her employment relationship caused by an actual or perceived infringement of rights as an employee(s). The grievance procedure cannot be applied for dissatisfaction on matters of interest.

The grievance procedure is a process to ensure that grievances (individual/group) are considered and resolved as close as possible to the point of origin and as speedily (but within the time frames specified) as practical.

A grievance is a process by which employees have the opportunity to voice their concerns to management about something in the organisation that adversely affects his/her operation within the organisation.

The LRA is not prescriptive as to how this should take place but it allows the organisation to come up with a process collectively agreed upon between the employee and employer organisations (trade unions).

In this process, the shop steward plays a pivotal role. They are in a position that enables them to influence substantially the climate of an organisation. Their most important influence is the critical function of handling individual grievances.

The grievance process allows the employer to detect problems that employees experience within the organisation before it grows to such an extent that the organisation and the employee are affected negatively. For example, an employee detects that he/she works longer hours and receives less payment than those working lesser hours.

Such a situation, when not dealt with at the grievance level, will be solved at the CCMA or other third-party intervention. It can also develop into disciplinary problems in the organisation.

A grievance must first be addressed between the supervisor and the person working within the section. If it cannot be solved, it will be taken up through the levels of management. If it cannot be solved at the highest-ranking official, the CMD or CEO of the organisation must make a final decision. The employee can either accept this decision or lodge a dispute at the CCMA or any other dispute mechanism.

Procedure For Dealing With Grievances

Step 1: Immediate Supervisory Level

An employee who has a grievance must first bring it to his/her immediate supervisor’s attention, which shall endeavour to resolve the issue within one working day of the issue being raised.

If the employee is not satisfied with the supervisor’s decision then the employee shall have the right to raise a formal grievance with the next higher level of Management within two working days.

Step 2: Higher Management Level

If the employee is not satisfied with the supervisor’s decision or if the grievance concerns the employee’s supervisor; then the employee shall complete a formal grievance form and submit it to the next level of management within two working days of the supervisor’s decision.

The relevant manager shall arrange a meeting within one working day after having received the grievance form. The parties may extend the period upon agreement.

The meeting shall be attended by the employee, representative and manager. The Manager shall see to it that minutes are taken of the meeting and any decision made, shall be recorded on the Formal Grievance Form.

If no satisfactory answer has been received by the employer within two working days of the formal grievance having been lodged, this shall be noted on the grievance form and the employee should be advised to take the issue to Top Management. This must be done within two working days of the manager’s decision.

Step 3: Top Management Level

This is the highest level in the company and this will usually be the Managing Director or the owner of the company.

The manager in step two will advise Top management, who shall arrange a meeting consisting of all the parties. This must be done within two working days of the manager’s decision. Minutes will also be kept of this meeting.

A decision is made by the Managing Director and it shall be recorded on the Formal Grievance Form.

Should the employee still feel unsatisfied with the decision he /she could make use of a statuary dispute or CCMA.

Collective Grievances

A collective grievance is when more than one employee is involved in the grievance.

The procedure to be followed in the case of a collective grievance is the same as that of an individual grievance.

In the case of a collective grievance, the number of representatives to be elected by the group to handle the grievance on their behalf should be decided by the employees themselves, but shall not exceed five in number. The representatives elected must be part of the aggrieved employees and/or a colleague a representative of the acknowledged staff association.

The person against whom the grievance has been declared may have a representative present at the grievance discussion on grievances which relate to matters of a personal nature.

This style is aimed to achieve synergy, which means the result should be better than the individual opinions. This is possible if the leader listens, facilitates and guides the situation in a calm and structured way, following the six steps of problem-solving:

• Identify the problem
• Gather facts
• Describe the problem accurately
• Identify all solutions
• Select the best solution
• Implement