A PRACTICAL GUIDE FOR FAIR & COMPLIANT WORKPLACES WITHIN THE BEAUTY INDUSTRY

Written by Phumzile Eliya

The hairdressing, cosmetology, beauty, and skincare industry thrives on creativity, client satisfaction, and close-knit working relationships. Yet these very dynamics can also create fertile ground for misunderstandings and workplace conflict. When employees raise grievances against employers, whether about pay, working hours, or management practices, how those issues are handled can determine whether the establishment remains stable or faces costly disputes at the Commission for Conciliation, Mediation and Arbitration (CCMA) and or National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare (HCSBC).

South African labour law, particularly the Labour Relations Act 66 of 1995 (LRA), requires employers to uphold fair labour practices. In the establishment environment, where teams are small and reputations are everything, grievance handling is not just a compliance exercise; it is a business survival strategy.

A grievance is any formal or informal complaint raised by an employee concerning their employment relationship. In establishments, common grievances include disputes over commission structures or pay, allegations of favouritism in client allocation, unfair scheduling or excessive working hours, leave disputes during peak seasons, workplace conflict among stylists or technicians, and harsh or inconsistent management practices. The list may go on and on. Employers may even encounter unique scenarios they would never think of, including personal issues between colleagues that begin outside the workplace and later affect the working environment. For example, one colleague may borrow R50.00 from another and never pay it back, creating unexpected tension. Rumours begin spreading, bullying-type behaviour starts to manifest, and instead of handling the matter outside the workplace or addressing it with the employer or manager to de-escalate the issue, the tension begins to build until it explodes, with colleagues attacking one another as if they are on a battlefield and forgetting that they are in the workplace.

According to the CCMA, unresolved grievances often escalate into unfair labour practice disputes or constructive dismissal claims, both of which can be costly for employers.

Why Grievances Must Be Taken Seriously in Establishments

Unlike large corporations, establishments typically operate with small teams. This means unresolved grievances can quickly affect team morale, client service quality, productivity, and staff retention. Resentment spreads faster in close-knit groups, unhappy staff often disengage from clients, conflict drains focus and energy, and skilled stylists may leave for competitors.

Employers who ignore grievances risk CCMA/Council referrals, reputational damage, and financial loss. Conversely, effective grievance handling builds trust and strengthens the establishment’s professional image.

Step-by-Step Guide for Handling Grievances

1. Implement a Clear Grievance Procedure

Even small establishments must have a documented grievance procedure. The Labour Guide stresses that procedures should outline how complaints are raised, investigated, and resolved. Key elements include a written policy accessible to all staff, clear timelines for each stage, and escalation routes, such as to HCSBC or EOHCB.

2. Encourage Open Communication

While establishments often operate informally, structured communication is essential. Employers should encourage staff to raise concerns early, provide a safe and respectful space for discussions, and avoid dismissing complaints as “personal issues.”

3. Acknowledge the Grievance Promptly

Acknowledgement builds trust. Employers should formally confirm receipt of the grievance, outline investigation steps, and provide an expected timeline. Delays or silence often worsen the situation.

4. Ensure Neutrality and Fairness

When grievances target the employer directly, impartiality is critical. Options include assigning a senior staff member not involved in the issue, consulting the Employers' Organisation for Hairdressing, Cosmetology and Beauty (EOHCB) for guidance and support, or seeking advice from the HCSBC. This ensures credibility and defensibility if challenged.

5. Conduct a Proper Investigation

Investigations should be objective, confidential, and evidence-based. For example, review booking records if client allocation is disputed, check payroll records if commission is questioned, and interview relevant staff. Consistency is key; similar complaints must be handled in the same way.

6. Communicate the Outcome Clearly

After the investigation, provide a reasoned outcome, explain the findings transparently, and outline corrective action, such as adjusting commission structures or revising scheduling practices. Even if the grievance is not upheld, clarity reduces mistrust.

7. Allow for an Appeal

Employees should be able to challenge the outcome. Appeals reinforce fairness and reduce escalation risk.

8. Keep Proper Records

Documentation is vital. Employers should keep written grievance submissions, investigation notes, evidence reviewed, and final decisions. The HCSBC and CCMA often rely on documentation to assess whether procedures were fair.

Common Mistakes in the Industry

Establishment employers often treat grievances informally without documentation, become defensive when complaints target them, fail to record discussions and outcomes, show favouritism in client allocation, or retaliate against employees who complain. Retaliation, such as reducing shifts or treating employees differently, can lead to constructive dismissal claims under the LRA.

When Grievances Escalate

If internal resolution fails, employees may refer disputes to the HCSBC or CCMA, depending on the jurisdiction held over the matter. The HCSBC and CCMA examine whether the employer followed fair procedure and whether the employer acted reasonably. Importantly, small businesses are held to the same standards as corporates. A lack of HR structures is not a defence.

Practical Example in an Establishment Setting

A nail technician alleges unfair allocation of high-paying clients.

Incorrect approach: Dismissing the complaint as jealousy, refusing to investigate, and continuing the same practice.

Correct approach: Acknowledge the grievance, review booking records, speak to relevant staff, and implement fair allocation systems. Communicate the outcome clearly.

This approach resolves the issue internally and protects the employer if the matter is escalated.

Best Practice Tips for Hairdressing, Cosmetology, Beauty, and Skincare Industry Employers:

• Establish basic HR processes, even in small teams.

• Apply rules consistently across all employees.

• Communicate clearly and regularly.

• Seek external advice from EOHCB or HCSBC when necessary.

• Act promptly and fairly.

Professionalising grievance handling is a key step in building a sustainable establishment.

Grievances against employers are inevitable in any workplace, including establishments. The difference lies in how they are handled. By implementing fair procedures, maintaining objectivity, and ensuring transparency, establishment employers can resolve disputes internally, protect their establishments from HCSBC or CCMA referrals, and build stronger, more professional teams. In an industry built on relationships and reputation, grievance handling is not just compliance; it is essential for long-term success.