Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesRules for Dealing with the Grievances of Employees in the Public ServiceSchedule 1F. Departmental stages to address a grievance |
| (1) | An employee may lodge a grievance with an employee designated to facilitate the resolution of grievances in the department. |
| (2) | The prescribed form at Annexure A must be used when a grievance is lodged. |
| (3) | The designated employee must liaise with the relevant structures of authority of the department in an attempt to resolve the grievance. |
| (4) | The grievance may be resolved by any person within the relevant structures of authority who has the requisite authority to do so. |
| (5) | The aggrieved employee will be duly informed by the designated employee about the status and progress made towards the resolution of the grievance. |
| (6) | If the grievance is resolved to the satisfaction of the aggrieved employee the confirmation thereof will be reduced to writing by the designated employee. |
| (7) | If a grievance cannot be resolved, the executing authority must inform the aggrieved employee accordingly. |
| (8) | The department (including the executing authority) has 30 days to deal with the grievance. The period may be extended by mutual agreement in writing. |
| (9) | If after the aggrieved employee is informed of the outcome of the grievance and he/she remains dissatisfied— |
| (a) | he/she must inform the executing authority thereof in writing within 10 days; |
| (b) | the executing authority must in terms of section 35(1) of the Public Service Act, 1994, forward the grievance and the relevant documentation to the Public Service Commission for a recommendation within five days of being informed by the aggrieved employee. |
| (10) | If the grievance constitutes an alleged unfair labour practice as defined in the Labour Relations Act, 1995, the employee may inform the executing authority in writing that he/she wishes to utilise the dispute resolution mechanisms provided for in the constitution of the Public Service Co-ordinating Bargaining Council or the relevant sectoral council (whichever is applicable) and that the Public Service Commission should therefore not consider the grievance. |
| (11) | If there is failure on the part of the department to respond to the grievance within the period referred to in Rule F8, the aggrieved officer may lodge his or her grievance with- |
| (a) | the Commission directly; or |
| (b) | in the case of an alleged unfair labour practice, with the Public Service Co-ordinating Bargaining Council or the relevant sectoral council (whichever is applicable) in terms of its dispute resolution procedure. |