(1)
| (a) |
The investigator to whom a grievance has been assigned may, upon receipt of a grievance, request the aggrieved employee or executive authority to provide additional information in order to enable the Commission to make a proper analysis and an informed decision on the finding of the grievance. |
| (b) |
Where there is failure to provide the information as requested, the Commission may use its discretion to, in the case of— |
| (i) |
the aggrieved employee— |
| (aa) |
close the grievance without further investigation and a finding; or |
| (bb) |
conclude the grievance by making findings based on the available information; and |
| (ii) |
the executive authority or department— |
| (aa) |
subpoena the executive authority, the head of the department or the relevant officials from which the information was requested, to give evidence and provide information, and also to explain why he or she failed to provide the information as was initially requested by the Commission; or |
| (bb) |
conclude the grievance by making findings based on the available information. |
| (2) |
Additional information from the department or executive authority may be requested— |
| (a) |
telephonically, followed by a written request, whether by e-mail or a letter to the relevant employee of the department or to the executive authority; |
| (b) |
through a lefter directed to the head of the relevant department; |
| (c) |
through consultation or interviews with the relevant employees from the relevant department or with the executive authority, provided that the request for a consultation or an interview is confirmed in writing, whether through e-mall or letter to the employees involved; or |
| (d) |
by visiting the relevant department or executive authority to obtain Information or Interview relevant employees. |
(3)
| (a) |
In a case where employees from the department are not cooperating in providing the requested information, the Commission may request the information in an official letter addressed to the head of department concerned, and a copy sent to the relevant executive authority. |
| (b) |
The letter must contain a warning clause that failure by the head of department to provide the Commission with the required information within a period of five days, may result in subpoena being issued against him or her and any of the employees from whom the information was originally requested, and or conclude the grievance based on the information at its disposal. |
| (4) |
In line with subrule (1), if after receipt of the letter referred in subrule (3) the head of department fails to provide the information requested, the Commission may issue a subpoena, calling on the head of department and or the employees from whom the information was originally requested to appear before the Commission to be questioned at a time and place specified in the subpoena, or conclude the grievance based on the information at its disposal. |
| (5) |
Should the Commission decide on issuing a subpoena, the Cluster Commissioner or the Provincially-based Commissioner, as the case may be, or any Commissioner so delegated by the Commission must conduct or lead the enquiry emanating from the issue of the subpoena. |
| (6) |
The Commission may report any executive authority that fails to provide the Commission with information required in its investigations to the National Assembly or relevant Provincial Legislature, as the case may be. |
[Rule 11 substituted by section 10 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]
Older Persons Act, 2006
