Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesRules on Referral and Investigation of Grievances of Employees in the Public ServiceChapter 4: Timeframes applicable to Referral or Lodging of Grievances with Commission8. Timeframes to be complied with |
| (1) | Strict compliance with the timeframes prescribed in the department's grievance procedure and these Rules is mandatory in order to ensure a speedy resolution of grievances and promote sound labour relations. |
[Rule 8(1) substituted by 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]
| (2) | The Commission may deal with the grievance only if the grievance was lodged with the executive authority by the aggrieved employee within 90 days of the aggrieved employee becoming aware of the official act or omission, or in line with the timeframe as prescribed in the departmental grievance policy. |
[Rule 8(2) substituted by section 7 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]
| (3) | [Rule 8(3) deleted by section 7 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) | An executive authority referring a grievance that was lodged after the 90 days period or outside the department's prescribed timeframe for the lodging of a grievance, must provide the Commission with— |
| (a) | written reasons why the grievance was considered despite the non-compliance with the prescribed timeframes; or |
| (b) | proof that condonation was applied for by the aggrieved employee and granted by the executive authority. |
| (5) | An aggrieved employee referring a grievance that was lodged outside the prescribed timeframe must provide proof that condonation was granted by the executive authority, who then afterwards failed to finalise the grievance within the prescribed timeframe. |
[Rule 8(5) substituted by section 7 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 must finalise the investigation of a properly referred grievance and provide the aggrieved employee concerned and relevant executive authority with the outcome within 30 days of receipt of all information. |
| (7) | The Commission must, in cases where it foresees that it will not be able to meet the timeframe prescribed in subrule (6), advise the aggrieved employee concerned and relevant executive authority of its inability to finalise the grievance within the timeframe, and must provide them with reasons for the delay. |