(1)
| (a) |
A head of department may refer a grievance which he or she has lodged with the executive authority in terms of section 35(3)(a) of the Public Service Act to the Commission if the grievance is not resolved within 45 days of receipt thereof by the executive authority or within the timeframes agreed between them in writing. |
| (b) |
A head of department referring his or her grievance in terms of paragraph (a) must do so within 30 days of becoming aware of the executive authority’s failure to deal with the grievance. |
[Rule 7(1) substituted by section 6(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]
| (2) |
In referring a grievance in terms of subrule (1) the head of department must— |
| (a) |
attach a copy of the Grievance Form used to lodge the grievance with the executive authority; |
| (b) |
attach copies of documents relevant to the grievance; |
| (c) |
submit information relating to the steps taken in an attempt to resolve the grievance, including dates on which those steps were taken; and |
| (d) |
attach proof that he or she enquired with the executive authority about the finalisation of his or her grievance and that five days has lapsed without any feedback. |
(3)
| (a) |
An executive authority may refer a grievance of a head of department to the Commission for consideration if the executive authority is of the opinion that the executive authority would not be able to deal with the grievance. |
| (b) |
If the executive authority refers the grievance in terms of paragraph (a), the executive authority must— |
| (i) |
do so in writing within five days of receipt thereof; |
| (ii) |
provide reasons in writing why the executive authority is of the view that the executive authority would not be able to deal with the grievance; and |
| (iii) |
inform the head of department in writing that the executive authority has referred the grievance to the Commission. |
| (c) |
An executive authority must refer a grievance of a head of department to the Commission for consideration if, after having provided feedback to the head of department, the head of department— |
| (i) |
informs the executive authority of his or her dissatisfaction in writing within 10 days of receipt of the feedback; |
| (ii) |
provides reasons for his or her dissatisfaction in writing; and |
| (iii) |
requests the executive authority in writing to refer the grievance to the Commission. |
| (4) |
An executive authority must when referring a grievance, attach the head of department's Grievance Form and its annexures, copy of the investigation report copy of the outcome letter to the head of department and all relevant documentation including applicable policies and other prescripts. |
(5)
| (a) |
A head of department may lodge his or her grievance directly with the Commission if— |
| (i) |
the executive authority has refused to receive his or her Grievance Form; |
| (ii) |
when trying to resolve the grievance informally with the executive authority before completing a Grievance Form, the executive authority— |
| (aa) |
fails to respond to his or her correspondence; or |
| (bb) |
refuses to advise him or her by when the grievance would be resolved. |
| (b) |
A head of department may lodge a grievance with the Commission directly within 90 days of becoming aware of the official act or omission by— |
| (i) |
completing the Grievance Referral Form; |
| (ii) |
attaching copies of all documents relevant to the grievance, |
| (iii) |
indicating the steps taken to resolve the grievance before referring it to the Commission; |
| (iv) |
providing written reasons for direct referral; |
| (v) |
informing the executive authority of the direct lodging of the grievance with the Commission by— |
| (aa) |
serving the executive authority with a copy of the Grievance Referral Form and documents submitted to the Commission; and |
| (bb) |
requesting acknowledgement of proof of receipt; and |
| (vi) |
providing the Commission with proof that the executive authority was properly informed. |
[Rule 7(5) substituted by section 6(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]
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