| 1.1 |
The Minister of Basic Education, Ms AM Motshekga, has promulgated amendments to the PAM document on 12 February 2016, in terms of section 4 of the Employment of Educators Act, 1998 (Act 76 of 1998), which determined and consolidated the terms and conditions for the employment of educators. |
| 1.2 |
Attention is drawn to paragraph 4.1 and 4.2 of Circular 0037/2013, which outline the procedure that must be followed when an educator in the service of the Western Cape Education Department (WCED) wishes to lodge a grievance, as outlined in the PAM. |
| 1.3 |
This circular outlines the revised grievance procedure for educators in line with the amendments to the PAM. |
| 2. |
PURPOSE
The primary purpose is to enhance the grievance procedure in public education by promoting:
- the speedy, impartial and equitable handling of grievances;
- sound employee relations;
- the resolution of individual grievances at the lowest possible level in a department; and
- dispute prevention.
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| 3. |
AMENDMENTS TO THE GRIEVANCE PROCEDURE |
| 3.1 |
The first fundamental amendment is the change in chapters from Chapter H to Chapter G of the PAM document. |
| 3.2 |
Secondly, any educator who is aggrieved must in future either follow an informal route (complaint) by approaching his/her direct supervisor and/or relevant manager about the dissatisfaction, or use the prescribed form by reducing the grievance to writing. The Grievance Form (Annexure A) is attached hereto for ease of reference.
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| 4. |
DEALING WITH GRIEVANCES |
| 4.1 |
Informal stage (complaint) |
| 4.1.1 |
This process is informal and without prejudice to either of the parties. |
| 4.1.2 |
Educators are encouraged to follow the informal route (complaint) with their head of institution/relevant manager before lodging a formal grievance. |
| 4.1.3 |
A sincere attempt should be made by the head of institution/relevant manager to resolve any grievance by oral interview. During said process no records will be kept of proceedings. |
| 4.1.4 |
Representation is not allowed at this stage, however, the educator may request an observer. |
| 4.1.5 |
Heads of institutions/relevant managers are encouraged to complete the process within 10 working days upon receipt of the complaint. |
| 4.1.6 |
The aim is to strengthen and effectively deal with the complaint process to avoid a formal grievance. |
| 4.2.1 |
This is a formal process and the complaint is reduced to writing with the head of institution/relevant manager by using the Grievance Form (Annexure A), within 90 days from the date on which the educator became aware of the act or omission which adversely affected him/her. |
| 4.2.2 |
Time frames should be calculated by excluding the first day and including the last day. |
| 4.2.3 |
If the educator is not satisfied with the outcome referred to in paragraph G.4.2 of the PAM, the grievant may refer the matter in writing, by hand or registered mail, together with the decision of the head of institution/relevant manager, as the case may be, to the Regional/District Head of Education in the case of an educator at a school, or to the office referred to in paragraph G.4.2.4 of the PAM in the case of an educator outside the school, within five working days of the parties failing to resolve the grievance. |
| 4.2.4 |
The aim is to strengthen and effectively deal with the formal grievance process to avoid a dispute. |
| 5. |
GUIDELINES ON HOW TO COMPLETE THE GRIEVANCE FORM (ANNEXURE A) |
| 5.1 |
This form must be used to lodge a formal grievance (excluding an alleged unfair dismissal) when an educator is dissatisfied with an act or omission and has been unable to resolve the problem during the complaint stage. |
| 5.2 |
The educator has to lodge a grievance within 90 days from the date on which he/she became aware of the act or omission which adversely affected them. |
| 5.3 |
The educator may be assisted or represented by a fellow educator and/or a representative and/or an official from a recognised trade union. |
| 5.4 |
It is important to ensure that all information is completed accurately. Once the form is completed, it must be given to the head of institution/relevant manager designated to facilitate grievances at the educator’s institution. The WCED will attach this form to the grievance documentation and it will be used throughout all the stages of the grievance procedure. |
| 5.5 |
As the head of institution/relevant manager attempts to resolve the grievance at each stage, each party will complete the appropriate part of the form. The educator will be given an opportunity to respond to each and every comment. |
| 5.6 |
At the conclusion of each stage of the grievance procedure, the head of institution/relevant manager will provide the educator with a copy of the completed form. |
| 5.7 |
Once the grievance has been resolved, the educator does not need to complete the rest of the form. |
| 5.8 |
Educators are required to complete Parts A and B of this form and then hand it to the head of institution/relevant manager, as the case may be, at their institution/office. The head of institution/relevant manager, as the case may be, will affix his/her signature in the block below Part B of the form to indicate that the grievance has been received. The educator must ensure that he/she receives a copy of the form where receipt of their grievance has been acknowledged. |
| 5.9 |
Part C of the Grievance Form will be completed by the head of institution/relevant manager, as the case may be, and the grievant will be provided with a copy during the various stages where attempts will be made to resolve the grievance. |
| 6. |
Please note that incomplete Grievance Forms will not be captured or registered; nor will the grievance be investigated. |
| 7. |
To ensure legislative compliance, Heads of institutions/relevant managers are strongly encouraged to adhere to the time frames set out in the PAM and must use the guidelines as set out in Annexure B and C to facilitate and resolve the grievance process. |
| 8. |
The Directorate: Employee Relations should be informed of the outcome of the grievance, with all the necessary attachments, within five days of finalising the grievance at district level. |
| 9. |
Where an educator feels aggrieved with regard to his/her application for temporary incapacity leave in line with the Policy on Incapacity Leave and Ill-Health Retirement (PILIR) and/or service benefits which include, but are not limited to salaries, bonuses and allowances, such concerns must be directed to the relevant manager at Head Office. |
| 10. |
Heads of institutions/relevant managers are required to inform all staff of the contents of this circular regarding amendment to the grievance procedure for educators. |
| 11. |
All new educators should be made aware of this circular as soon they are appointed at any of the WCED’s educational institutions. |
SIGNED: BK SCHREUDER
HEAD: EDUCATION
DATE: 2017:11:18
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