1. 1 Rules for dealing with complaints and grievances in the Public Service.

2. 2 Prescribed in accordance with the provisions of section 11 of PSC Act 46/97 & section 196(4)(f)(ii) of Act 108/1996

3. 3 Learning Outcomes Learner should be able to understand the Interim Rules of dealing with Complaints and Grievances, what are its objectives, and the process involved in the application of the Grievance Procedure.

4. 4 Introduction The training session on the Grievance Procedure attempts orientating new and serving incumbents on the application and the application of the Grievance Procedure.

5. 5 Why the need for the Grievance Procedure Employees tend to view work related conditions and events differently than managers, To Prevent risks of creating perceptions of unfairness & injustice, Serves to resolve problems

6. 6 What is a Grievance? Complaint by an employee, Official act or omission by employer, To be lodged with an executing authority.

7. 7 Objectives Address Grievance Effectively Efficiently, and Fairly

8. 8 Pre-Requisites for Grievance Procedure Visibility, Credibility, Understandably, transparency, Fairness and objectivity, Independence, and timeousness

9. 9 Principles of Natural Justice Complaints must be fully described by the person with the grievance, The guidance regarding procedural and substantive fairness should be followed

10. 10 Principles of Natural Justice Proceedings should be conducted honestly, fair and without bias, Proceedings should not be unduly delayed

11. 11 Pre-Requisities Participation and representation Statutory rights

12. 12 Causes of Grievance Employee grievances vary from: –Procedure around personnel evaluation, e.g. promotion and merit award, –Filling of posts.

13. 13 Grievance Procedure Aim: –Should resolve grievances: As near to the source as possible, At as low a level as possible, and As quickly as possible.

14. 14 General Rules when addressing Grievance. Employees should be granted the opportunity to bring their grievances, albeit in stages, to the attention of management, Management should give careful consideration to the grievance and should make attempts to resolve it.

15. 15 General Rules when addressing Grievance. An employee should be permitted representation, Time limits should be established for each stage of the procedure, A grievance is not resolved until the employee is satisfied.

16. 16 Action Plan to resolve Grievances Clearly defined and freely accessible channel to air their grievance is the most important assets of management because:

17. 17 Action Plan to resolve Grievances It promotes a more open honest relationship between manager and employee

18. 18 Consequences of unresolved Grievances If grievances are not addressed, it may lead to a situation where a dispute is declared. If sound grievance procedure does not exist, managers may not be aware of grievances or sources of dissatisfaction.

19. 19 Outcomes –Knowledge (what you must Know) –Skills (what you must be able to do)

20. 20 Rules for dealing with a Grievance a)If an officer is dissatisfied with official act or omission, he/she may raise the matter with his/her supervisor. b)It’s the responsibility of the supervisor to determine the cause of the dissatisfaction.

21. 21 Rules for dealing with a Grievance c)After the supervisor has interviewed the officer he or she shall, if its in his or her power and within his or her competence to dispose of the dissatisfaction, take active steps in the matter within five working days.

22. 22 Rules for dealing with a Grievance d)Supervisors should always be prepared to listen to complaints about official acts or omissions of their own which harm the material or the spiritual well- being of the officers under the supervision or the interests of the State.

23. 23 Rules for dealing with a Grievance e)If the supervisor finds that the dissatisfaction or discontent has arisen from a matter which its not in his/her power or within his/her competence to deal with, he/she shall.

24. 24 Rules for dealing with a Grievance –Within five working days of the interview referred to in par. (c) inform the officer concerned of his/her right to make representations about the matter to a higher authority.

25. 25 Rules for dealing with a Grievance f)If the supervisor finds that the grievance has arise from a matter which its in his/her power or competency to deal with, but he/she does not succeed in disposing of the grievance, he/she shall:

26. 26 Rules for dealing with a Grievance –If the officer concerned has notified him/her that he/she is still dissatisfied/discontented, inform the latter within 5 working days of such notification of his/her right to make representations about the matter to a higher authority.

27. 27 Rules for dealing with a Grievance g)In the circumstances mentioned in par.(e) and (f), the supervisor shall give the officer the assurance that such representations will be accorded objective consideration and that this right to make representations to a higher authority.

28. 28 Rules for dealing with a Grievance will be recognized at all times, provided they are made through the correct official channels and in accordance with the procedure laid down in these regulations.

29. 29 Rules for dealing with a Grievance a)If an officer’s complaint concerns a matter which cannot be dealt with by his/her supervisor, or if he/she has a complaint about the supervisor him/herself, or if the circumstances contemplated in sub rule 1(f) are present.

30. 30 Rules for dealing with a Grievance –He/she may make representations about the matter to the officer in the dept’s staff section or another competent senior officer specially designated by the Head of the department to deal with grievances.

31. 31 Rules for dealing with a Grievance b)The designated officer contemplated in par. (a) shall –

32. 32 Rules for dealing with a Grievance i.Act without delay as stipulated in sub rules 1(b), (c ), (e) and (f) or, within 10 working days of the receipt of such representations, refer the matter to an officer who is empowered to act as stipulated in the said sub rules; and

33. 33 Rules for dealing with a Grievance ii.Satisfy him/herself that the provisions of sub rule 1(g) have been complied with and that the aggrieved officer has been fully informed of his/her rights.

34. 34 Rules for dealing with a Grievance c)If the designated officer contemplated in par.(a), or the officer to whom the representation have been referred in accordance with paragraph (l)

35. 35 Rules for dealing with a Grievance –Is not stationed at the same place as the officer making the representations, the procedure laid down in sub rules 1(b), (e) and (f) may be pursued by correspondence or through the agency of a local or ….

36. 36 Rules for dealing with a Grievance Other supervisor designated for the purpose by the HOD, in which case the periods determined in sub rules 1(c ), (e) and (f) may be extended by a minimum of 10 working days.

37. 37 Rules for dealing with a Grievance a)If the officer’s complaint cannot be disposed of to his/her satisfaction in accordance with the procedure laid down in sub rule 1 and 2

38. 38 Rules for dealing with a Grievance –Or within the periods specified therein, he/she may make written representations about the matter to the designated officer contemplated in sub rule 2(a).

39. 39 Rules for dealing with a Grievance b)The Written Representation shall contain the following information: i.The name and the rank of the officer, ii.Full details of the reasons for his/her grievance,

40. 40 Rules for dealing with a Grievance iii.The steps already taken to dispose of the complaint and the outcome, iv.Statements by other persons or evidence, if any, in support of the contention of the officer concerned.

41. 41 Rules for dealing with a Grievance c)Within 10 working days of receiving the written representations, the designated officer contemplated in sub rule 2(a) shall submit such representation together with any comments, explanations, statements or

42. 42 Rules for dealing with a Grievance –Evidence that may be required, via the aggrieved officer’s office of divisional head, to the head of department.

43. 43 Rules for dealing with a Grievance d) i.On receipt of the representations the HOD shall within 10 working days and in writing notify the officer making the representations that an investigations that an investigation is being made into ….

44. 44 Rules for dealing with a Grievance –His/her complaint, given the names of three officers not involved in the matter concerning which representations are being made, one of whom may be chosen by the officer to be designated by the HOD undertake the investigation.

45. 45 Rules for dealing with a Grievance ii.The officer shall exercise his/her right to choose within 10 working days of receiving the notification and shall notify the HOD of her choice in writing.

46. 46 Rules for dealing with a Grievance iii.If the officer fails to do so, the HOD may designate any of the three officers mentioned in the notification to undertake the investigation.

47. 47 Rules for dealing with a Grievance iv.Should the officer who is appointed, become unfit/unable to continue the investigation, another person may be designated in the manner as described above, to continue with the investigation.

48. 48 Rules for dealing with a Grievance e) i.Upon being designated, the investigating officer shall begin or continue the investigation of the complaint within 5 working days, and,

49. 49 Rules for dealing with a Grievance –Shall complete the investigation within a period to be specified by the HOD, who may extend such period.

50. 50 Rules for dealing with a Grievance ii.The investigating officer shall be permitted to peruse the relevant official documents and files and to obtain from officers information necessary for the investigation,

51. 51 Rules for dealing with a Grievance iii.The investigating officer shall verbally or in writing request the officer who has made the representations to indicate whether he/she wishes further information and may also, if necessary, obtain further information from him/her.

52. 52 Rules for dealing with a Grievance iv.The aggrieved officer may, if he/she desires, be assisted or represented during the investigation by any officer, or an official or Union representative which are recognized at PHWSBC of which the officer is a member.

53. 53 Rules for dealing with a Grievance v.The investigating officer shall keep detailed minutes of the investigation and of the information obtained during the investigation.

54. 54 Rules for dealing with a Grievance vi.After the investigation officer has thoroughly investigated the complaint, he/she shall record his/her findings and submit them, together with the minutes of the investigation, evidence and his/her recommendations on the matter to the HOD within 5 working days.

55. 55 Rules for dealing with a Grievance f) i.On receipt of the documents referred to in par.(e)(vi), the HOD shall come to a decision in regard to the representations without delay and advise the officer who made the representations accordingly in writing.

56. 56 Rules for dealing with a Grievance ii.If HOD decides that the complaint is without foundation, the reasons for the decision shall be given to the officer concerned in as much detail as possible and he/she shall be informed of his/her right to demand that his/her representations be submitted to the Commission.

57. 57 Rules for dealing with a Grievance iii.All documents and evidence relating to the investigation and to the decision taken in the matter shall be retained in a separate supplement to the officer’s personnel file.

58. 58 Rules for dealing with a Grievance 4.If an officer’s complaint cannot be disposed of to his/her satisfaction by the following procedures laid down in sub rule 3,

59. 59 Rules for dealing with a Grievance –He/she may within 10 working days or receipt of the notification referred to in sub rule 3(f)(l) demand, that all the documents relating to the complaint be submitted to the Commission.

60. 60 Rules for dealing with a Grievance –Such a demand shall be in writing and shall be submitted to the HOD through the official channels within ten working days.

61. 61 Rules for dealing with a Grievance b)Within ten working days of receiving the demand the HOD shall forward all the files to the Commission and advise the officer that this has been done.

62. 62 c)The Commission shall: i.Consider the said files and documents and, if its deemed expedient, designate, in terms of section 13 of PSC Act, 1997, one of its members or an officer to investigate the matter within a period to the specified by the Commission, which may extend such period; and

63. 63 The Commission shall: ii.Advise the HOD and the officer who has made the complaint accordingly through the official channels,

64. 64 Rules for dealing with a Grievance i.The investigating officer thus designated, who shall have the powers contemplated in section 10 of the PSC Act, 1997,

65. 65 Rules for dealing with a Grievance –Shall commence his/her investigation within 5 working days of his/her being informed of his/her designation and shall complete his/her investigation within the period determined by the Commissions in terms of par. (c )(l)

66. 66 Rules for dealing with a Grievance –If the the investigating officer becomes incapacitated for some reason or if he/she is nor available to complete the investigation, designate another member/officer to proceed within the investigation.

67. 67 Rules for dealing with a Grievance ii.The investigating officer shall keep detailed minutes of the investigation and of the information obtained from the aggrieved officer.

68. 68 Rules for dealing with a Grievance iii.The investigating officer shall keep detailed minutes of the investigation and of the information obtained during the investigation.

69. 69 Rules for dealing with a Grievance iv.After the investigation officer has thoroughly investigated the complaint, he/she shall record his/her findings and submit them, together with all the information with his/her recommendations to the Commission as in c(l).

70. 70 Rules for dealing with a Grievance e)On receipt of the documents referred to in par. (b) and, if further investigated has been ordered in terms of par. (c )(l), the documents mentioned in par. (d)(iv), the Commission shall -

71. 71 Rules for dealing with a Grievance i.Decide on representation and advise the aggrieved officer through the official channels that a recommendation has been made; or ii.Refer the matter to the investigating officer for further investigation.

72. 72 Rules for dealing with a Grievance 5.After the department concerned has made a decision regarding the recommendation by the Commission contemplated in sub rule 4, the HOD shall advise the Commission and the aggrieved officer accordingly.