| (1) |
The Commission must close grievances without further investigation if— |
| (a) |
there is prima facie no compliance with, the grievance procedure of the relevant department and the aggrieved employee has, after having been afforded an opportunity to provide proof of compliance, failed to do so within the period prescribed by the Commission; |
| (b) |
the aggrieved employee has faded to complete the Commission Grievance Referral Form; |
| (c) |
after referral, the aggrieved employee informs the Commission in writing that he or she is withdrawing the grievance; |
| (d) |
after referral, the executive authority informs the Commission in writing that the grievance was subsequently resolved internally and provides the Commission with proof of such resolution; |
| (dA) |
after referral, the aggrieved employee informs the Commission, in writing, that the grievance was subsequently resolved internally; |
| (dB) |
after consideration by the Commission, and without any of the parties so advising the Commission, it is clear from the information before the Commission that the grievance is resolved, or is before pending before a bargaining council, court, other alternative dispute resolution forum or any other institution that has jurisdiction to entertain the matter; |
| (e) |
the Commission is informed by the aggrieved employee that the same grievance is pending before a bargaining council, court, other alternative dispute resolution forum or any other institution that has jurisdiction to entertain the matter. |
| (eA) |
the Commission is informed by the executive authority that the same matter is pending before a bargaining council, court, other alternative dispute resolution forum or any other institution that has jurisdiction to entertain the matter, and provide the Commission with proof of same; |
| (f) |
the grievance was referred by a former employee on a matter which he or she raised with the executive authority after his or her termination of service, in which case the grievances must be referred to the executive authority for further handling in terms of section 3(8) of the Public Service Act; |
| (g) |
the grievance relates to allegations of unfair dismissal; |
| (h) |
the grievance relates to a matter which is the subject of a disciplinary action being taken against the aggrieved employee; |
| (i) |
matter referred does not fall within a definition of a grievance; |
| (j) |
the alleged act or omission does not adversely affect the aggrieved employee in his or her employment relationship; |
| (k) |
it is established that the referred grievance is a duplicate of another grievance already referred to the PSC by or on behalf of the aggrieved employee; or |
| (l) |
it is frivolous, vexatious or malicious in nature. |
| (1A) |
In deciding whether or not the grievance is frivolous, vexatious or malicious the Commission shall consider, among others, the following: |
| (a) |
The effect on the employment relationship between the aggrieved and the person against whom the grievance is lodged; |
| (b) |
the value-add in the promotion or maintenance of sound labour relations between the aggrieved employee and the employer and labour peace and harmony in the workplace; |
| (c) |
the genuiness or legitimacy of the grievance; |
| (d) |
the supporting evidence (is the grievance supported by facts or is it speculative or hypothetical); and |
| (e) |
any other relevant factors. |
| (2) |
The Commission must close a grievance if, after receipt thereof, the aggrieved employee or the employee against whom the grievance is lodged passes on, retires or resigns, and continuation of the investigation would not have an outcome which has any bearing on the aggrieved employee’s financial benefits or integrity. |
[Rule 13 substituted by section 12 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]
Foodstuffs, Cosmetics and Disinfectants Act, 1972
