Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

Rules on Referral and Investigation of Grievances of Employees in the Public Service

1. Definitions

Purchase

In these Rules, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise—

"aggrieved employee"

means an employee—

(a)	on whose behalf a grievance is referred to the Commission; or

(b)	who has lodged a grievance with the Commission;

"Cluster Commissioner"

means a commissioner appointed in terms of section 196(7)(a) of the Constitution, and who has been assigned responsibility by the Commission to be the overseer of a particular department in order to assist the Commission in executing its mandate in terms of the Constitution;

"Application for Late Referral Form"

means the form prescribed in Annexure B to these Rules

[Definition substituted by section 1 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]

“day”

refers to any day other than a Saturday, Sunday or public holiday and it is calculated to exclude the first day but includes the last day;

[Definition inserted by section 1 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]

"department"

has the meaning ascribed to.it by the Public Service Act;

“date of becoming aware”

means the date on which the act or omission resulting in the awareness of the prejudice to the aggrieved’s rights, occurred and this date initiates the beginning of the 90-day timeframe within which the aggrieved employee has to lodge the grievance;

"employee"

has the meaning ascribed to it by the Public Service Act;

"executive authority"

has the meaning ascribed to it in the Public Service Act;

"grievance"

means a dissatisfaction or complaint formally lodged in writing by an aggrieved employee over an official act or omission contemplated in section 196(4)(f)(ii) of the Constitution, but excludes a grievance over an unfair dismissal;

"Grievance Referral Form"

means the form prescribed in Annexure A to these Rules;

"head of department"

has the meaning ascribed to it by the Public Service Act;

"investigator"

means a person authorised or delegated by the Commission in terms of section 13 of the Public Service Commission Act, 1997 (Act No. 46 of 1997), to investigate grievances as provided for in section 196(4)(f)(ii) of the Constitution of the Republic of South Africa, 1996;

"Public Service Act"

means the Public Service Act 1994 (Proclamation No. 103 of 1994);

''representative"

means a fellow employee, an official of a recognised trade union or a family member, and does not include legal representation;

"Provincially-based Commissioner"

means a commissioner appointed in terms of section 196(7)(b) of the Constitution;

"the Act"

means the Public Service Commission Act, 1997 (Act No. 46 of 1997).