Staff Grievance Procedures: Employee Guidelines

This document contains answers to the most commonly asked questions concerning the Ekurhuleni East TVET College's procedures  regarding grievances of formal corrective, disciplinary or adverse actions . The procedures in this document are only available to benefits-eligible employees who have completed their probationary period.

Questions and Answers on Staff Employment Grievances

  1. What is a grievance?
  2. What issues are grievable?
  3. When/how do I file a grievance?
  4. Do I have to discuss my grievance with my supervisor?
  5. What if I am not satisfied with my supervisor's decision?
  6. What if I am not satisfied by the Step II decision?
  7. Are my conversations with the ER Specialist confidential?
  8. Does my grievance become part of my official personnel file?
  9. What protection do I have against retaliation?

1.  WHAT IS A "GRIEVANCE"?

A grievance is the process by which regular benefits-eligible employees who are not in a probationary period, may appeal a formal corrective, disciplinary or adverse action.


2.  WHAT ISSUES ARE GRIEVABLE?

You may grieve any formal adverse employment action including corrective action, suspension, demotion, termination and separations, including reductions in force. Some workplace issues are not grievable under Policy 5-203, including but not limited to:

  1. Wages and salaries
  2. Classification actions
  3. Reduction in Force except insofar as it is alleged that appropriate University procedures (Ekurhuleni East TVET College Regulations) have been violated
  4. Termination during probation and/or extension of the probationary period
  5. Performance evaluations
  6. Reassignment of job duties and responsibilities
  7. Reorganization that does not result in loss of pay

If you are experiencing problems in any of the areas below, please contact the listed office:

  • Perceived illegal discrimination based on race, color, religion, national origin, gender, sexual orientation, age, status as a disabled individual, disabled veteran, or veteran: Office of Equal Opportunity /Affirmative Action (801) 581-8365.
  • Security and confidentiality of records: HIPAA Privacy Office (801) 587-9241.
  • Violations of law: Public Safety (801) 585-2677 .
  • Workers Compensation, FMLA or other benefits: Benefits Department (801) 581-7447.

3.  WHEN/HOW DO I FILE A GRIEVANCE?

Employees have five (5) working days following the receipt of a formal corrective or adverse action to file a grievance.  Contact your HR Manager for procedural guidelines regarding staff employee grievances and/or review Policy 5-203: Staff Employee Grievances.

4.  DO I HAVE TO DISCUSS MY GRIEVANCE WITH MY SUPERVISOR?

Speaking with your direct supervisor is Step I of the grievance process. However, you may be allowed skip the first step and move on to Step II. You will want to speak with an HR Manager regarding your rights and obligations.


5.  WHAT IF I AM NOT SATISFIED WITH MY SUPERVISOR'S DECISION?

If you are not satisfied with the decision your supervisor has made, you may elect to file a Step II grievance. Strict time parameters apply. Contact an HR Manager, regarding your rights and obligations. If proceeding to a Step II Grievance, you will be asked to complete a Staff Grievance Form, which will allow you to submit your written grievance statement to Employee Relations. This document, and any supporting documents you submit, will be sent to a higher level supervisor who may contact you to schedule a meeting. Employee Relations will then be responsible for monitoring the grievance process.

6.  WHAT IF I AM NOT SATISFIED BY THE STEP II DECISION?

If you grieved a Written Warning, the reviewer’s decision is final.  If you are not satisfied with the Step II Grievance decision on Final Written Warning, you may request (through Employee Relations) a final review and decision by the cognizant vice president , This request must be made within five (5) working days of receipt of Step II decision by higher level reviewer.   

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7.  ARE MY CONVERSATIONS WITH HUMAN RESOURCES CONFIDENTIAL?

It depends on the content of the conversation. In the course of the conversation, however, if HR is notified of a violation of University policy or state/federal law, your complaint will most likely be forwarded to the appropriate office and investigated.

8.  DOES MY GRIEVANCE BECOME A PART OF MY OFFICIAL PERSONNEL FILE?

Information associated with your grievance request will not be automatically forwarded to your personnel file. 

9.  WHAT PROTECTION DO I HAVE AGAINST RETALIATION?

You should not be subject to an adverse employment action simply because you participated in the grievance process. If you feel you have been subjected to adverse action because you participated in the grievance process, you may discuss it with your supervisor, his or her supervisor, or an HR Manager

* Ekurhuleni East TVET College Employees Please contact the Department of Employee Relations for further explanation on the Staff Employee Grievance process. This document may be updated or modified from time to time.