Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesRules on Referral and Investigation of Grievances of Employees in the Public ServiceChapter 5: Processing and Consideration of Grievances received by the PSC16. Mediation of grievances referred or lodged directly with the Commission |
| (1) | This rule applies to grievances that were properly referred or lodged with the Commission. |
| (2) | The Commission may follow a mediation process in order to resolve a grievance, where it is clear that there is— |
| (a) | a misunderstanding of the prescripts on the part of either the aggrieved employee or executive authority; |
| (b) | an unrealistic solution proposed by the aggrieved employee in a case where the prescripts have been property followed and applied; |
| (c) | prima facie evidence that the executive authority mistakenly omitted to include the aggrieved employee when taking a particular action towards a certain category or group of employees. |
(3)
| (a) | The Commission must give the aggrieved employee or executive authority at least five days written notice of the intended mediation, unless the aggrieved employee or executive authority agree to a shorter notices |
| (b) | The written notice must outline the procedure to be followed during the process and the venue where the proceedings will be conducted. |
| (4) | The Commission musts before the commencement of the mediation proceedings, require the parties to sign a mediation agreement which must includes among others, the following: |
| (a) | That the proceedings and any correspondence pertaining to such proceedings are private and confidential. |
| (b) | That neither the aggrieved employee nor executive authority or any other person may use the contents of any discussion during those proceedings or such correspondence at any subsequent hearing or proceedings, unless the Commission and everybody involved in the mediation so agree in writing. |
| (5) | The Commission must determine the manner in which the proceedings will be conducted and the manner in which the parties will conduct themselves during the proceedings. |
| (6) | The Commission must assist the aggrieved employee and executive authority in concluding a settlement agreements which must be in writings signed and dated by both parties, and witnessed by the Cluster Commissioners Provincially-based Commissioner or assigned investigator. |
| (7) | The Commission must ensure that the mediation, including the settlement agreement, is finalised within 30 days of having notified the parties of the mediation process. |
(8)
| (a) | The Commission must close the grievance if the aggrieved employee fails to attend the proceedings without providing any explanation in writing of his or her inability to attend the mediation. |
| (b) | In such a case the grievance must be closed within 10 days of the date on which the mediation was scheduled. |
(9)
| (a) | The Commission must continue with its investigation and make a finding and recommendations on the matter if the executive authority fails to attend the mediation proceedings without providing any written explanation. |
| (b) | The Commission must note in its investigation report that the executive authority failed to attend the mediation proceedings. |
| (10) | Where the Commission continues with the investigation in terms of subrule (9), the matter must be finalised within 45 days of the date on which the mediation was scheduled. |
| (11) | The Commission may only mediate a grievance that has been properly referred to it in terms of these rules. |
| (12) | Where a settlement agreement was entered into, the executive authority must provide the Commission with proof of implementation within 30 days of the date of agreement. |
| (13) | Legal representation is not permitted in the process since the intention is to facilitate a speedy resolution of the grievance. |
(14)
| (a) | An informal mediation process may be followed by an investigator, in which case a mediation agreement is not necessary. |
| (b) | Where a grievance was resolved through an informal mediation process the parties must confirm in writing that the grievance has been resolved, and the Commission must close the grievance file. |