Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesRules on Referral and Investigation of Grievances of Employees in the Public ServiceChapter 2: Referral of Grievances to Commission3. Referral of grievances to Commission |
| (1) | Subject to subrules (2) and (3), an executive authority must submit a grievance lodged with the executive authority by an employee in terms of section 35(1 )(a) of the Public Service Act to the Commission if the grievance in question is not resolved to the satisfaction of the employee. |
| (2) | If the grievance in question is not resolved to the satisfaction of the employee, the employee must inform the executive authority of his or her dissatisfaction in writing within 10 days of receipt of the executive authority's decision and must request the executive authority in writing to refer his or her grievance to the Commission for investigation. |
| (3) | The executive authority must submit the grievance to the Commission within 10 days of the receipt of the written request by the employee in terms of subrule (2). |
| (4) | An employee may submit a grievance to the Commission if the executive authority fails— |
| (a) | to provide the employee with the outcome on the investigation of his or her grievance within the timeframe applicable to the executive authority or on the lapse of the agreed date of extension between the employee and the executive authority; or |
| (b) | to refer the employee's grievance to the Commission for investigation within 10 days of receiving a written request in terms of subrule (2). |
| (4A) | The employee referring the grievance in terms of subrules (4) must do so within 30 days of becoming aware of the executive authority’s failure as indicated in the above-mentioned subrules. |
[Rule 3(4A) inserted by section 2(a) of the Public Service Commission Rules on Referral and Investigation of Grievances of Employees in the Public Service Amendment of 2023, Notice No. 2374, GG50311, dated 22 March 2024 - effective 1 May 2024]
| (5) | If an official of a recognised trade union as the representative of an employee acts on behalf of the employee in terms of subrule (4), the relevant part in the Commission Grievance Referral Form must be completed by both the employee and representative. |
[Rule 3(5) substituted by section 2(b) of the Public Service Commission Rules on Referral and Investigation of Grievances of Employees in the Public Service Amendment of 2023, Notice No. 2374, GG50311, dated 22 March 2024 - effective 1 May 2024]
| (6) | In case of the lodging of a collective grievance, all employees concerned must sign the Commission Grievance Referral Form. |
[Rule 3(6) substituted by section 2(c) of the Public Service Commission Rules on Referral and Investigation of Grievances of Employees in the Public Service Amendment of 2023, Notice No. 2374, GG50311, dated 22 March 2024 - effective 1 May 2024]
| (7) | If the employee who lodged a grievance with the executive authority became seriously ill to the extent that he or she could not personally pursue the grievance, or passes away, his or her representative may refer the grievance to the Commission. |
[Rule 3(7) substituted by section 2(d) of the Public Service Commission Rules on Referral and Investigation of Grievances of Employees in the Public Service Amendment of 2023, Notice No. 2374, GG50311, dated 22 March 2024 - effective 1 May 2024]
| (8) | The representative referring the grievance in terms of subrule (7) must submit a statement containing proof that he or she qualifies to refer the grievance in terms of that subruIe. |
| (9) | The Commission may, in exceptional circumstances, and in accordance with the provisions of rule 9, consider grievances that are referred to it outside the timeframe provided for in these Rules. |
[Rule 3(9) inserted by section 2(e) of the Public Service Commission Rules on Referral and Investigation of Grievances of Employees in the Public Service Amendment of 2023, Notice No. 2374, GG50311, dated 22 March 2024 - effective 1 May 2024]