(1)
| (a) | Referral by an executive authority in terms of rule 3(1) must be done in writing by the executive authority, or an employee so delegated by the executive authority, within the timeframe prescribed in rule 3(3), using the Commission Grievance Referral Form. |
[Rule 5(1)(a) substituted by section 4(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]
| (b) | The delegated employee must provide proof that he or she has the delegated authority to decide or refer grievances to the Commission. |
| (2) | The executive authority must, when referring a grievance in terms of subrule (1), provide the Commission with the following: |
| (a) | The executive authority's decision and reasons for the decision; |
| (b) | a copy of the investigation report together with its annexures; |
| (c) | a copy of the letter of the outcome of the investigation furnished to the aggrieved employee; |
| (d) | a copy of the aggrieved employee's Grievance Form; |
| (e) | copies of policies and other relevant prescripts and information used in dealing with the grievance; and |
| (f) | the aggrieved employee's request for referral of the grievance to the Commission that was addressed to the executive authority. |
| (3) | Referral by the aggrieved employee or his or her representative in terms of rule 3(4), (5) or (6) must be done— |
| (a) | within the timeframe prescribed in the department's grievance procedure for such referral after the lapse of the prescribed timeframe for the executive authority to deal with the grievance or on the lapse of the agreed date of extension between the employee and the department or executive authority; |
| (b) | after following the necessary steps provided for in the department's grievance procedure; and |
| (c) | in line with the provisions of rule 3(4A) of these Rules. |
[Rule 5(3) substituted by section 4(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]
| (4) | In referring the grievance in terms of rule 3(4), (5), or (6) the aggrieved employee must— |
| (a) | complete and sign the Grievance Referral Form in full in order to provide the Commission with the information required in the Grievance Referral Form; |
| (b) | provide the Commission with a copy of the Grievance Form used to lodge the grievance with the executive authority which Grievance Form must have been signed by both the aggrieved employee and the representative of the executive authority as proof that the grievance procedure of the department was followed; |
| (c) | in the case of a member of the Senior Management Service and heads of departments, provide the Commission with proof that the aggrieved employee had directed an inquiry in writing to the department or executive authority regarding the status of his or her grievance and that he or she was not provided with a response within five days; and |
| (d) | provide the Commission with copies of all correspondence between the aggrieved employee and the department or executive authority on the grievance in question. |
[Rule 5(4) substituted by section 4(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]
| (6) | The Commission will not consider any grievance that was not lodged formally with the executive authority. |
