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 Commission9. Consideration of grievances referred outside the Commission timeframes for referral |
[Rule 9 heading substituted by section 8 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]
| (1) | The aggrieved employee must, if he or she wishes to refer a grievance which is outside the timeframe prescribed for referral to the Commission, first request approval for late referral to the Commission, by completing the Application for Late Referral Form. |
[Rule 9(1) substituted by section 8 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]
| (2) | [Rule 9(2) deleted by section 8 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)
| (a) | The Commission must within five days of receipt of the Application for Late Referral Form, request the executive authority to comment on the request for late referral. |
| (b) | The executive authority responding to the request must use the Application for Late Referral Form and must furnish the Commission with his or her comments within five days of receipt of the Commission's request for comments. |
[Rule 9(3) substituted by section 8 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) | The Commission may finalise the application for late referral without the executive authority’s comments if the latter fails to respond within the stipulated timeframe. |
[Rule 9(4) substituted by section 8 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) | The Commission must consider the application for late referral and provide the aggrieved employee applying for late referral with its decision within 10 days of receipt of the application. |
[Rule 9(5) substituted by section 8 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 aggrieved employee applying for late referral must address the following issues in its application for late referral: |
| (a) | The degree of lateness; |
| (b) | The reasons for lateness; |
| (c) | The extent of prejudice likely to be suffered if the Commission does not investigate the grievance sought to be referred; |
| (d) | Any prejudice to the other party; |
| (e) | Any practical remedy for, or possible solution, to the grievance; |
| (f) | Any prospects that the outcome of the Commission's investigation will resolve the grievance; |
| (g) | Any special circumstances why the grievance should be considered; and |
| (h) | Any other relevant factors. |
[Rule 9(6) substituted by section 8 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]
| (7) | The Commission must consider the application for late referral based on the issues referred to in subrule (6) and must provide reasons for its decision. |
[Rule 9(7) substituted by section 8 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) | Applications for late referral must be considered by the Cluster Commissioner responsible for the department involved and in the Commission's provincial offices, the Provincially-based Commissioner must consider the application for late referral. |
[Rule 9(8) substituted by section 8 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]
| (9) | The Cluster Commissioner or Provincially-based Commissioner contemplated in subrule (7) must within the timeframe prescribed in subrule (4) issue the aggrieved employee with his or her decision by completing the relevant section in the Application for Late Referral Form. |
[Rule 9(9) substituted by section 8 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]
| (10) | In cases where a request for late referral is granted, the aggrieved employee applying for late referral must refer his or her grievance documents to the Commission within five days of receipt of the decision referred to in subrule (9). |
[Rule 9(10) substituted by section 8 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]
| (11) | [Rule 9(11) deleted by section 8 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] |