A grievance is an actual or perceived situation that an employee regards as a just cause for complaint regarding the employee’s rights or interests or an allegation that the said terms and conditions of employment have been breached, intentionally or otherwise.

All current and former employees have the right to file a grievance. It can be done on an individual basis or as a group.

Employees are encouraged to first discuss their grievance issues or complaints with their immediate supervisors. The point of this is to allow for the exploration and clarification of the nature of the problem, thereby allowing all parties to be made aware of the root issue, as well as to assist in the matter being fairly and speedily resolved. It is recommended that leadership fosters open communication with staff so that employees are free to ventilate issues that may pose a potential conflict. Confidentiality is also key and should be maintained by management in the grievance process.

If there is a grievance to be raised against your Manager, employees are encouraged to follow the reporting procedure in accordance with the HEART NSTA/ Trust’s Grievance Policy. The reporting procedure for individual grievance has seven (7) stages as follows:
Stage 1: Your immediate supervisor
Stage 2: Head of unit/section/department/institution
Stage 3: Your Director
Stage 4: Your Divisional Director
Stage 5: Senior Manager, Employee Relations, with assistance from Director Human Resource Management and Development if necessary
Stage 6: Managing Director
Stage 7: Ministry of Labour and Social Security, Conciliatory Division

Note that, employees are required to commence their grievance at the stage where their immediate supervisor falls in the grievance process.

However, in the event, there is no resolution, the employee may escalate his/her grievance above the stage where his/her Manager falls in the grievance process. For example, if an employee’s Manager is the Divisional Director, then the employee is required to escalate his/her grievance to Stage 5 (Senior Manager, Employee Relations) and continue along the process for an amicable resolution.

There are no sanctions for raising a grievance, as all employees are given this right to raise a grievance pursuant to the Labour Relations Code (LRC), 1976. However, disciplinary sanctions /actions may be initiated as a result of any of the following:

• Where the two parties in the grievance dispute do not respond in the specified timeframe according to each stage in the grievance process.
• If the supervisor, division head, managers and directors fail to action the grievance within the timelines stipulated by the Organisation’s Grievance Procedures.
• If the supervisor, division head, managers and directors discriminate or promote victimisation against an employee for participation in a grievance process.
• If an employee(s) harasses or intimidates another employee(s) involved in a grievance case.

Management is required to make every effort to resolve the grievance at the various stages and within the timeframes stipulated. Where there is a failure on the part of management to action the grievance or where the timelines for resolution are not maintained, the grievance procedure provides an avenue for disciplinary sanctions for non-adherence to established timeframes. In addition, if management fails to address the grievance within the stipulated timeframe, the aggrieved may escalate the grievance to the next stage of the procedure.

An employee is not allowed to bring a lawyer as a representative to any grievance activity. However, it is recommended that legal advice be sought on any matter, so that your grievance does not miss out on any important details.
According to the HEART NSTA/Trust’s Grievance Policy, if the employee so wishes, he/she may have a Union Delegate or a representative accompany him/her to the meeting.

Certainly! After a decision is made, the Policy provides for the right of appeal at any stage in the grievance process, the employee may make an appeal for the case to be reviewed by a higher level of management, up to the Managing Director. The final and only authority that can appeal any grievance outside of the Organisation is the Conciliatory Division of the Ministry of Labour & Social Security.

Yes, an employee may activate the informal route and discuss the issue, complaint or grievance directly with his/her immediate supervisor for an amicable resolution. It is recommended, however, that the formal procedure be initiated to seek recourse should the informal procedure be unsuccessful.

For the grievance procedures to be efficiently executed promptly, employees with a common issue, complaint or grievance should file a collective grievance. This can be done at the location/institution or departmental levels. The grievance should first be raised with the Head of the Institution/Department and may go to the following persons if not resolved at this first stage:

• The Divisional Director
• The Senior Manager, Employee Relations, with input from the Director, HRMD
• The Managing Director
• Finally to the Conciliatory Division of the Ministry of Labour & Social Security

The collective group must assign someone familiar with the intricacies of the matter to act as the group’s representative. The employees involved in the collective grievance need not be represented by an employee association or a trade union.

Yes. Former employees of the Trust are allowed to file grievances. They should file such grievances with the Director responsible for human resource management and development. The procedure should begin within the first three (3) months of the employee’s separation from the Organisation. If the employee is not pleased with the response from the Organisation then he/she has the right to refer the matter to the Conciliatory Division of the Ministry of Labour & Social Security.