| (1) | For the purposes of asserting the right to have a grievance concerning an official act or omission investigated and considered by the Commission— |
| (a) | an employee may lodge that grievance with the relevant executive authority under the prescribed circumstances, on the prescribed conditions and in the prescribed manner; and |
| (b) | if that grievance is not resolved to the satisfaction of the employee, that executive authority shall submit the grievance to the Commission in the prescribed manner and within the prescribed period. |
| (2) | After the Commission has investigated and considered any such grievance, the Commission may recommend that the relevant executive authority acts in terms of a particular provision or particular provisions of this Act or any other law if, having regard to the circumstances of the case, the Commission considers it appropriate to make such a recommendation. |
| (3) | A head of department may lodge any such grievance with— |
| (a) | the relevant executive authority in terms of subsection (1); or |
| (b) | directly with the Commission under the prescribed circumstances, on the prescribed conditions and in the prescribed manner. |
(4)
| (a) | An employee may only refer a dispute to the relevant bargaining council in the public service or the Commission for Conciliation, Mediation and Arbitration, or institute court proceedings, in respect of a right referred to in subsection (1) if— |
| (i) | he or she has lodged a grievance in terms of that subsection; and |
| (ii) | the department does not resolve the grievance to his or her satisfaction within the period prescribed in the rules, contemplated in subsection (5) or the period for referring such dispute or instituting such court proceedings, whichever period is the shorter. |
| (b) | Paragraph (a) shall not apply to a head of department who has lodged a grievance directly with the Commission in terms of subsection (3) (b). |
| (5) | For the purposes of subsections (1) and (3) (b), the powers conferred upon the Commission by section 11 of the Commission Act shall be deemed to include the power to make rules which are not inconsistent with the provisions of this section as to the investigation of grievances concerning official acts or omissions, and 'prescribed' means prescribed by the Commission by rule under the Commission Act. |
[Section 35 substituted by section 31 of Act No. 30 of 2007]
