Grievance Procedure - an unused precept in Industrial Relations
Another May Day celebration has receded into history. That is normal with any annual event of human creation. This year’s occasion, the first to be observed under President Akufo-Addo’s government, was no different in terms of labour practice and grandeur. After all, it is a day set aside since 1886 to celebrate workers and their achievements.
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While the focus of May Day celebration is on labour – trade unions for that matter – the significance of the day is not only for unions but for the other parties in industrial relations, to wit government and employers.
For government and employers, May Day celebrations are very significant beyond the pageantry of the occasion. This is because workers use the medium of the celebration to convey messages to their employers and the government as well. The messages on the placards displayed during the parades at the Black Star Square in Accra and in the regions are subtle ways of conveying the challenges and in many cases, the grievances of workers.
There were a lot of issues highlighted on the various placards displayed during this year’s May Day celebration. Human Resource and Industrial Relations Managers of enterprises and the government as the largest employer in Ghana cannot afford to ignore the numerous messages portrayed.
It is an open secret that there are a lot of labour issues literally in abeyance. Organised labour might have given the government the benefit of the doubt and are expectant that the government will handle their grievances, a lot of which were conveyed on the placards, anytime soon.
To be sure, an employee grievance is only the tip of the iceberg of employee discontent in the organisation. Be that as it may, industrial harmony would be promoted in Ghana if parties in industrial relations take a hard look at the Grievance Procedure clauses enshrined in their various Collective Agreements (CBAs) and Conditions of Service (COS) (especially for non-unionised employees). Adhering to the procedure is not time-consuming as some employees and employers think but an ordered way of resolving grievances.
There is also undoubtedly a lack of adequate knowledge on Grievance Handling Procedure. This article seeks to highlight some of the features of this unused precept in industrial relations and how we can all use it to promote industrial peace, bearing in mind that Capital (an important factor of production) is literally a coward and will not go to a troubled environment. We need jobs for the teeming unemployed youth.
A grievance represents the core of contract administration and is defined as an employee’s (or employer’s) alleged violation of the labour agreement that is submitted to the grievance procedure for resolution by the employee (or union representative) or employer. A grievance is, therefore, distinguished from an employee’s concern that is unrelated to labour agreement provisions and is not submitted to the grievance procedure (Holley, Jennings and Wolters, 2009).
So, parties in industrial relations are reminded that in so far as complaints of employees are not in relation to what both parties (employees and employers) have agreed to in the CBA or COS, that complaint cannot be handled under the Grievance Procedure of the enterprise. That is the more reason why grievances must ideally be written out. This is very important.
It is important for employers to decipher the potential sources of employee grievances. For lack of space, we need to mention that administrative issues bordering on safety and health, economic issues with regard, especially to employee remuneration, as well as issues on employee discipline are potential sources of employee grievance. Disciplinary issues typically develop into grievances and ultimate industrial disharmony when there is lack of procedural justice and non-adherence to the principles of due process.
The Labour Law (Act 651) of 2003 sets out the legal framework for managing industrial conflicts, specifically strikes. But it is my firm conviction that if parties in industrial relations at the enterprise level (private and public) re-visit and apply the various steps of Grievance Procedure outlined in their CBAs, there may not be the prodding unto the precipice of legalities as elaborated from Section 153 to 171 in Act 651.
In non-unionised environments, employers can develop policies and procedures to give a voice to their employees to promote industrial peace and harmony. This has been done in some dispensations and the benefits have been tremendous.
Promotion of industrial peace and harmony is a sine quanon if we are to attract investors for the many initiatives the government is envisaging to create jobs for Ghanaians.
*The writer is the CEO of JC-HR Consult (HR and Industrial Relations Consultants) in Takoradi.