1. Every employee has the right to lodge a grievance with his or her supervisor if the employee is dissatisfied about an official act or omission by the employer which affects the employee in the employment relationship

2. It has come to our attention that certain key procedures in dealing with grievances are not being followed.

3. Managers must observe the correct procedure and time frames outlined in the relevant legislation so that sound employment relations and congenial working environments are maintained.

4. A summary of the procedures and important aspects relating to grievances is provided below:
4.1 Educators

The rules and procedures for dealing with grievances of educator personnel are set out in Chapter H of the Personnel Administrative Measures of the Employment of Educators Act, 1998.

  1. Before differences become formalised grievances, a sincere attempt should be made to resolve any grievance by means of a personal interview between the grievant and the principal of the school.

  2. During this process, no records will be kept of proceedings, which will be without prejudice to either party.

  3. Failing this, the educator has the right to lodge a formal grievance with the school principal in writing and within 90 calendar days of the date on which the act or omission leading to the grievance occurred.

  4. The school principal shall send his or her comments on the grievance, together with all relevant information, to the relevant district director within 5 working days after receiving the formal grievance in writing.

  5. The district director, or his or her delegate, shall, within 5 working days from the date of receipt of the grievance, attempt to resolve the grievance and then communicate his or her decision in writing to all parties.
4.2 Office-based educators

If the aggrieved employee is an office-based educator, the employee’s immediate supervisor must deal with the grievance in the same manner as a school principal.

4.3 Public service staff

The rules and procedures for dealing with grievances of public service personnel are set out in the Public Service Co-ordinating Bargaining Council Agreement No.14 of 2002 and were published in Government Gazette No. 25209 on 25 July 2003. These documents must be read in conjunction with WCED Circular 230 of 2003.

  1. An aggrieved employee has 90 calendar days from the date on which the act or omission leading to the grievance occurred in which to lodge a grievance. This must be done in writing by filling in Part A and the last section of Part B of the prescribed form.

  2. The relevant director or head of institution is the designated employee and must complete the first section of Part C of the prescribed form. He or she must make every possible attempt to resolve the grievance as soon as possible.

  3. If the grievant is not satisfied with the outcome, the designated employee must then submit a recommendation to the Executive Authority (Provincial Minister of Education) for a final ruling.

  4. It is of utmost importance to note that a grievance must be resolved within 30 days of submission by the grievant. The said period includes any referral to the Executive Authority in terms of paragraph 4.3(iii) above.
5. The designated employee must fax the relevant grievance documentation to the Director: Labour Relations (D:LR) within 3 days of receiving it from the employee, in order for the grievance to be registered on PERSAL. Note that, in terms of legal delegations, the D:LR has no authority to deal with grievances over and above performing a monitoring function.

6. However, the D:LR must be informed of the outcome of each grievance for the purpose of reporting to the Public Service Commission, the Department of Public Service and Administration and the Department of the Premier. Furthermore, the finalisation of each grievance needs to be documented on the PERSAL system.

7. It must be emphasised that compliance with the proper procedure is crucial to the resolution of grievances and the prevention of disputes. Please take note that non-resolution of grievances could lead to managers being charged with misconduct.

8. Kindly bring the content of this circular to the attention of all managers and supervisors under your control.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2013:07:23

Employment of Educators Act, 1998  (size: 71 KB)
Government Gazette No. 25209  (size: 423 KB)