Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Annexures

Student Agreement

Addendum A : Grievance Procedure in terms of Training in the Student Agreement
Purchase cart Previous page Return to chapter overview Next page

 

ADDENDUM A

 

GRIEVANCE PROCEDURE IN TERMS OF TRAINING IN THE STUDENT AGREEMENT

 

General Principles:

 

1. Any student who has a grievance against the employer in terms of training and the student agreement is entitled to make use of the grievance procedure.

 

2. Should the grievance be in terms of the training provider, please refer the matter to City & Guilds for assistance.

 

3.A grievance is any feeling of dissatisfaction, injustice or unfair treatment a student may experience in relation to training, and which has not been resolved informally.

 

4.The purpose of the grievance procedure is to enable a student to have his/her grievance resolved fairly, quickly and as close to the point of origin as possible.

 

5.Students may lodge grievances without fear of victimization. Students will not be prejudiced in any way as a result of using the procedure.

 

6.Any student lodging a grievance in terms of this procedure is entitled to representation by a student representative (who is either a work colleague, fellow student or a union representative), provided that such person agrees to represent the student.

 

7.Normal earnings will be paid to the student and a student representative who is a work colleague for time spent whilst resolving grievances that follow the provisions of this procedure.

 

8.Each step in the procedure shall be subject to stipulated time limits, it is however, accepted that these time limits may be varied by mutual agreement or in relation to the availability of a person involved in the process.

 

9.This procedure may not be invoked as a result of any disciplinary action taken in accordance with the student agreement.

 

10.NO legal representation is permitted during this process.

 

STAGE 1:

 

All grievances shall be raised in writing on the grievance form, with the person concerned i.e. Employer, Manager and/or training provider.  The student and relevant person will sign the form as acknowledgement.  A meeting must be scheduled to discuss the grievance within 3 (Three) working days.

 

STAGE 2:

 

If the grievance is not resolved within 3 (Three) working days to the satisfaction of the, student, it shall be referred to the National Bargaining Council for Hairdressing, Cosmetology, Beauty & Skincare Industry to investigate and establish the merit of the grievance lodged by the Student. A copy of the grievance form and any other supporting documentation must be provided to the Council.

 

STAGE 3:

 

The National Bargaining Council for Hairdressing, Cosmetology, Beauty & Skincare Industry will attempt to mediate the matter. In the event that no mutually acceptable resolution of the grievance is reached, either party shall be entitled to take appropriate action against the other. The National Bargaining Council for Hairdressing, Cosmetology, Beauty & Skincare Industry will assist the parties with the correct dispute resolution processes that need to be followed.

 

Grievance Meeting: Procedure

 

1.When a grievance is lodged, an investigation shall be carried out by whoever received the grievance into the facts of the case in preparation for the meeting.

 

2. The parties shall agree the time, date and venue for the meeting.  Every endeavour shall be made to ensure that this time period meets the relevant time periods but reasonable extensions must be fairly considered, if necessary.

 

3.The student shall inform the chairperson should there be a need to involve other witnesses and/or persons in the meeting. The chairperson shall use his/her discretion in this regard.

 

4. The chairperson of the meeting shall take responsibility for the fair conduct of the meeting. In this respect he/she shall ensure that:
(a) All relevant information is made available to the parties prior to, or at, the meeting for consideration;
(b) All relevant witnesses that the parties may wish to call are notified in advance to be available at the time of the meeting;
(c) The student and/or the student representative and the employer or training provider will be given an opportunity to present their cases fully and to ask questions of each other's witnesses;
(d) Brief notes/agreements made during the meeting must be kept. These notes will be agreed with the parties. Verbatim minutes will not be taken.

 

5.The chairperson shall submit his/her written solution to the appropriate person in terms of the requirements of the relevant stages of the procedure.

 

*Attached is the Grievance Form to be completed*