FACT SHEET ON GRIEVANCE RESOLUTION FOR THE ......Fact Sheet on Grievance Resolution for the 2016/17...

FACT SHEET ON GRIEVANCE

RESOLUTION FOR THE 2016/17

FINANCIAL YEAR

DECEMBER 2017

i

_____________________________________________________________________________________ Fact Sheet on Grievance Resolution for the 2016/17 financial year

Table of contents

1. INTRODUCTION AND BACKGROUND .............................................................................. 1

2. OBJECTIVES OF THE FACT SHEET ................................................................................. 1

3. STATISTICAL OVERVIEW ................................................................................................. 1

3.1 Overview of the total number of grievances lodged ...................................................... 1

3.2 Total number of collective grievances reported ............................................................ 2

3.3 Number of grievances reported at national level .......................................................... 3

3.4 Number of grievances lodged at provincial level .......................................................... 5

3.4.1 Eastern Cape Province ............................................................................................. 6

3.4.2 Free State Province .................................................................................................. 7

3.4.3 Gauteng Province ..................................................................................................... 8

3.4.4 KwaZulu-Natal Province ........................................................................................... 9

3.4.5 Limpopo Province ....................................................................................................10

3.4.6 Mpumalanga Province .............................................................................................11

3.4.7 Northern Cape Province ..........................................................................................12

3.4.8 North West Province ...............................................................................................13

3.4.9 Western Cape .........................................................................................................14

3 RESOLUTION OF GRIEVANCES......................................................................................15

4 NATURE OF GRIEVANCES ..............................................................................................17

5 RACE AND GENDER DISTRIBUTION OF AGGRIEVED EMPLOYEES ............................19

6 SALARY DISTRIBUTION OF AGGRIEVED EMPLOYEES ................................................20

7 GRIEVANCES CONSIDERED BY THE PSC .....................................................................21

7.1 Total number of grievances referred to the PSC .........................................................21

7.2 Overall status of cases referred to the PSC ................................................................22

7.3 Status of properly lodged grievances referred to the PSC ...........................................22

7.4 Nature of properly referred grievances lodged with the PSC .......................................24

7.5 Race and gender distribution of grievances referred to the PSC .................................25

8 IMPLEMENTATION OF RECOMMENDATIONS ................................................................26

9 CONCLUSION ...................................................................................................................27

ii


Table of Figures:

Figure 1: Total number of grievances lodged in the Public Service ............................................ 2

Figure 2: Number of grievances lodged by national and provincial departments ........................ 2

Figure 3: Total number of grievances per province .................................................................... 6

Figure 4: Number of grievances reported by Eastern Cape departments ................................... 7

Figure 5: Number of grievances reported by Free State departments ........................................ 8

Figure 6 : Number of grievances reported by Gauteng departments .......................................... 9

Figure 7: Number of grievances reported by KwaZulu-Natal departments .................................10

Figure 8: Number of grievances reported by Limpopo departments ..........................................11

Figure 9: Number of grievances reported by Mpumalanga departments ...................................12

Figure 10: Number of grievances by Northern Cape departments .............................................13

Figure 11: Number of grievances reported by North West departments ....................................14

Figure 12: Number of grievances reported by Western Cape departments ...............................15

Figure 13: Number of grievances finalized, pending and withdrawn ..........................................16

Figure 14: Nature of grievances ................................................................................................17

Figure 15: Nature of grievances in respect of the three categories per national departments and

provinces for the 2016/17 fy ......................................................................................................18

Figure 16: Race distribution of aggrieved employees ................................................................19

Figure 17: Gender distribution of aggrieved employees ............................................................19

Figure 18: Salary distribution in respect of aggrieved employees ..............................................20

Figure 19: Grievances referred to the PSC ...............................................................................21

Figure 20: Status of cases referred to the PSC .........................................................................22

Figure 21: Number of grievances referred to the PSC in respect of national and provincial

departments ..............................................................................................................................23

Figure 22: Status of properly referred grievances ......................................................................24

Figure 23: Nature of grievances lodged with the PSC ...............................................................25

Figure 24: Race distribution of aggrieved employees ................................................................25

Figure 25: Gender distribution of aggrieved employees ............................................................26

Figure 26: Feedback in respect of the implementations by the PSC ..........................................27

List of Tables

Table 1: Number of collective grievances reported by national and provincial departments ....... 3

Table 2: Number of grievances reported by national departments.............................................. 3

iii


List of Acronyms

DCS : Department of Correctional Services

COGTA : Co-operative Governance and Traditional Affairs

COGHSTA : Co-operative Governance, Human Settlements and Traditional Affairs

DPSA : Department of Public Service and Administration

FY : Financial year

GCIS : Government Communication Information Services

IPID : Independent Police Investigative Directorate

HoD : Head of Department

OPSC : Office of the Public Service Commission

PSC : Public Service Commission

PMDS : Performance Management and Development System

SA : South Africa

SAPS : South African Police Service

SMS : Senior Management Service

1


1. INTRODUCTION AND BACKGROUND

The Public Service Commission (PSC) is mandated in terms of section 196(4)(b) of the

Constitution of the Republic of South Africa, 1996, to investigate, monitor and evaluate the

organisation, administration and personnel practices of the Public Service. Section 196(4)(f)(ii) of

the Constitution, 1996, read with section 35(1) of the Public Service Act, 1994, further mandates

the PSC to investigate grievances of employees in the Public Service concerning official acts or

omissions. In terms of section 196(6) of the Constitution, 1996, the PSC must report at least once

a year on its activities to the National Assembly and the provincial legislatures of the nine

provinces.

The PSC published Rules on Referral and Investigation of Grievances of Employees in Public

Service (the Rules) on 21 October 2016 in Government Gazette 40359. In terms of Rule 19 (4)

the PSC must, on a six monthly basis, request Heads of Department to provide the PSC with

information relating to grievance resolution in their departments in order for the PSC to –

analyse trends and promote the cultivation of good human resource management and

career development in order to maximize human potential in the Public Service;

promote accountability in public administration; and

report on departments that fail to respond to the PSC’s recommendations made in respect

of grievances.

2. OBJECTIVES OF THE FACT SHEET

The objectives of the Fact Sheet are to provide –

a statistical overview in respect of grievance resolution within the Public Service for the

2016/2017 financial year (fy), as reported by national and provincial departments;

a statistical comparison of grievances reported for the 2016/2017 fy and the previous

financial years;

an overview in respect of the number of grievances investigated by the PSC and the

findings made in respect of these grievances; and

an overview in respect of the implementation of recommendations by the PSC in respect

of grievances.

3. STATISTICAL OVERVIEW

3.1 Overview of the total number of grievances lodged

A total of 9031 grievances were reported in both national and provincial departments for the

2016/17 fy, which reflects a decrease of 1.7% from the total of 9191 grievances reported for the

2015/16 fy. However, in comparison with the total of 8405 grievances that were reported for the

2014/15 fy, the number of grievances for the 2016/17 fy has increased with 7.4%. Figure 1

provides an overview of the total number of grievances reported by departments since the

2009/10 fy.

2


Figure 1: Total number of grievances lodged in the Public Service

A further breakdown in respect of the number of grievances lodged by national and provincial

departments is provided in Figure 2. National departments reported a total of 3965 cases for the

2016/17 fy, which reflects a decrease of 1.6% from 4030 cases reported for the 2014/15 fy, and

a decrease of 3.1% from the total of 4092 cases reported for the 2015/16 fy. Provincial

departments reported a total of 5066 cases for the 2016/17 fy. The reporting by provincial

departments indicates an increase of 15.7% in comparison to the reporting of 4375 cases for the

2014/15 fy. However, in comparison with the reporting for the 2015/16 fy year, the total number

of grievances decreased with 0.6% from 5099.

Figure 2: Number of grievances lodged by national and provincial departments

3.2 Total number of collective grievances reported

A total number of 220 collective grievances were reported by departments for the 2016/17 fy. This

is an increase of 31.7% from the total of 167 cases reported for the 2015/16 fy. In comparison

with the total number of 222 cases reported for the 2014/15 fy, the total number of collective

grievances for the 2016/17 fy indicates a decrease of 0.9%. An overview in respect of the number

of collective grievances reported by national and provincial departments is provided in Table 1

below.

0

2000

4000

6000

8000

10000

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17

7787

9829

8323 8683 8321 84059191 9031

0

1000

2000

3000

4000

5000

6000

2014/15 2015/16 2016/17

4030 4092 39654375

5099 5066

National Provincial

3


Table 1: Number of collective grievances reported by national and provincial departments

National and Provincial departments 2014/15 2015/16 16/17

National 165 138 154

Eastern Cape 1 2 4

Free State 17 12 7

Gauteng 8 6 14

KwaZulu-Natal 7 1 19

Limpopo 15 3 11

Mpumalanga 0 1 0

Northern Cape 1 0 1

North West 8 3 10

Western Cape 0 1 0

Total 222 167 220

As can be seen from Table 1 above, a total of 154 collective grievances were reported by national

departments. The South African Police Service (SAPS) reported the highest number of collective

grievances (80), followed by the Department of Correctional Services (DCS) with 49 cases. In

comparison with the reporting by the two departments for the 2015/16 fy, it is noted that the

number of collective grievances reported by SAPS, increased with 15.9% from 69 cases to 80

cases. In respect of the DCS, the number of collective grievances increased with 16.6% from 42

cases reported for the 2015/16 fy to 49 cases. The PSC has reported in its previous Fact Sheets

that the challenge faced with departmental reporting of collective grievances is that they do not

provide the details of individual employees, and this may result in the statistics reported being

skewed.

3.3 Number of grievances reported at national level

National departments reported a total of 3965 grievances for the 2016/17 fy. This includes the

total of 154 collective grievances reported by national departments. Table 2, provides an overview

of the number of grievances reported by national departments from the 2014/15 fy to the 2016/17

fy.

Table 2: Number of grievances reported by national departments

Department No of grievances

2014/15 2015/16 2016/17

Agriculture, Forestry and Fisheries 46 89 90

Arts and Culture 15 13 5

Basic Education 12 9 11

Civilian Secretariat for Police 6 3 2

Communications 0 0 1

Cooperative Governance 6 2 5

Correctional Services 858 967 984

Defence 465 441 487

DPSA 7 14 9

4


Department No of grievances

2014/15 2015/16 2016/17

Economic Development 5 8 4

Energy 30 21 22

Environmental Affairs 46 90 23

GPAA 0 0 13

GCIS 2 1 3

Government Printing Works 13 48 23

Health 29 33 59

Higher Education and Training 11 61 118

Home Affairs 65 94 95

Human Settlements 12 11 15

International Relations and Cooperation 46 31 17

IPID 3 22 11

Justice and Constitutional Development 425 409 323

Labour 305 217 236

Military Veterans 16 4 1

Mineral Resources 5 20 21

National Treasury 9 10 17

National School of Government 6 4 5

Office of the Chief Justice 0 8 24

OPSC 1 3 4

Planning, Monitoring and Evaluation 11 4 6

Public Enterprises 2 0 2

Presidency 11 9 9

Public Works 116 68 82

Rural Development and Land Reform 109 111 68

SAPS 1165 980 943

Science and Technology 2 2 2

Small Business Development 0 7 4

Social Development 6 6 5

Sport & Recreation SA 0 0 0

Statistics SA 6 0 39

Telecommunications and Postal Services 5 7 7

Tourism 4 6 5

Trade and Industry 52 82 65

Transport 4 49 5

Traditional Affairs 0 1 0

Water and Sanitation 75 122 90

Women 18 5 5

Total 4030 4092 3965

5


The DCS1 reported the highest number of grievances, namely 984 cases. In comparison with the

previous financial year of 2015/16, an increase of 1.7% is noted from the previous reporting of

967 grievances, and an increase of 14.7% is noted from the reporting of 858 cases for the 2014/15

fy.

The SAPS2 reported the second highest number of grievances for the 2016/17 fy, namely 943

cases, which shows a decrease of 3.8% from 980 cases reported for the 2015/16 fy, and a 19.0%

decrease from the 1165 cases reported for the 2014/15 fy.

The Department of Defence3 reported the third highest number of grievances for the 2015/16 fy

(487). Unlike the previous reporting for the 2014/15 and 2015/16 financial years, an increase in

the number of reported cases is noted. For the 2016/17 fy, the total number of cases increased

with 4.7% from the total of 465 cases reported for the 2014/15 fy and 10.4% from the total of 441

cases reported for the 2015/16 fy.

The Department of Justice and Constitutional Development4 follows with 323 grievances, a

decrease of 24% from the 425 cases reported for the 2014/15 fy and 21.% from the 409

grievances reported for the 2015/16 fy.

In comparison with the reporting for the 2015/16 fy, the Department of Labour reported an

increase of 8.7% in the number of grievances for the 2016/17 fy, namely 236 cases against 217

cases reported for the 2015/16 fy. However, in comparison with the 2014/15 fy, the number of

cases decreased by 22.6% from the total of 305 cases.

3.4 Number of grievances lodged at provincial level

For the 2016/17 fy, departments at provincial level reported a total of 5066 grievances, which in

comparison with the 2015/16 fy, decreased by 0.6% from the previous reporting of 5099 cases,

but increased by 15.8% from the reporting of 4375 cases for the 2014/15 fy. Figure 3 on the

following page, provides an overview in respect of the total number of grievances reported by

provincial departments, including collective grievances.

1 According to the Department’s Annual Report for the 2016/17 fy, the DCS has 44799 employees 2 According to the SAPS’ Annual Report for the 2016/17 fy, the Department has 194 605 employees 3 According to the Department’s Annual Report for the 2015/16 fy, the Department had 77597 employees (the Annual Report for the 2016/17 fy was not yet available on the Department’s website) 4 According to the Department’s Annual Report for 2016/17, the Department has 24 801 employees

6


Figure 3: Total number of grievances per province

Similar to the previous reporting periods, the Gauteng Province reported the highest number of

grievances for the 2016/17 fy (1284), reflecting an increase of 2.7% from the previous financial

year where 1250 cases were reported. In comparison with the total of 1054 cases reported for

the 2014/15 fy, the number of cases for the 2016/17 fy has increased with 21.8%.

The KwaZulu-Natal Province follows with 798 grievances, which is an increase of 12.7% from the

reporting of 708 grievances for the 2015/16 fy and an increase of 54.3% from the total of 517

cases reported for the 2014/15 fy.

The Western Cape Province reported the third highest number of grievances, with 768 cases,

which is a decrease of 7.5% from the total of 831 cases reported for the 2014/15 fy and an

increase of 5.3% from the 729 cases reported for the 2015/16 fy.

A detailed overview in respect of each province is provided in the sections below.

3.4.1 Eastern Cape Province

A total of 204 cases were reported by the Eastern Cape Provincial departments for the 2016/17

fy, which indicates a decrease of 53.5% from the total of 439 cases reported for the 2015/16 fy

and 20.6% from the total of 257 cases reported for the 2014/15 fy. Figure 4 on the next page,

provides an overview in respect of grievances reported by the Eastern Cape departments for the

past three financial years.

0 200 400 600 800 1000 1200 1400

EC

FS

GP

KZN

Limpopo

Mpumalanga

NC

NW

WC

EC FS GP KZN LimpopoMpumalan

gaNC NW WC

14/15 299 297 1054 517 550 357 170 300 831

15/16 439 461 1250 708 431 531 202 348 729

16/17 204 414 1284 798 554 481 252 311 768

7


Figure 4: Number of grievances reported by Eastern Cape departments

The Department of Health reported the highest number of grievances for the 2016/17 fy (76). The

number of cases reported by the Department of Health reflects an increase of 55.1% from the

total of 49 cases reported for the 2014/15 fy. However, in comparison with the total of 103 cases

reported for the 2015/16 fy, the number of grievances reported for the current period, reflects a

decrease of 26.2%. The Department of Education reported the second highest number of cases

for the 2016/17 fy (35), which is a decrease of 63.1% from the total of 95 cases reported for the

2014/15 fy and 78.1% from the total of 160 cases reported for the 2015/16 fy. The Department of

Roads and Public Works reported the third highest number of cases for the 2016/17 fy (17),

reflecting a decrease of 52.7% from the 36 cases reported for the 2014/15 fy and 55.2% from the

total of 38 cases reported for the 2015/16 fy.

3.4.2 Free State Province

The departments in the Free State Province reported a total of 414 grievances for the 2016/17 fy.

In comparison with the 2014/15 fy, the number of grievances reported for the current period

increased with 39.3% from 297 cases. However, in comparison with the 2015/16 fy, the number

of reported cases decreased by 10.1% from 461 grievances. Figure 5 on the next page, provides

an overview in respect of the number of grievances reported by the Free State Provincial

departments.

0 20 40 60 80 100 120 140 160

COGTA

DEDEAT

Education

Health

Human Settlements

Office of the Premier

Prov Treasury

Roads & Public Works

Rural Dev & Agrarian Reform

Safety & Liaison

Social Dev

Sport, Recr, Arts & Culture

Transport

6

13

35

76

4

9

0

17

12

2

8

6

16

19

26

160

103

5

1

14

38

6

1

28

7

31

23

40

95

49

2

1

5

36

1

0

10

16

21

14/15 15/16 16/17

8


Figure 5: Number of grievances reported by Free State departments

Similar to the previous reporting periods, the Department of Health reported the highest number

of grievances (219), which reflects a decrease of 24.2% from the 289 cases that were reported

for the 2015/16 fy. However, in comparison with the 2014/15 fy, the number of grievances for the

2016/17 fy increased with 100% from the 109 reported then. The Department of Education

reported the second highest number of grievances for the 2016/17 fy (50), which is an increase

of 138.0% from the 21 cases reported for the 2015/16 fy and 316.6% from the total of 12 cases

reported for the 2014/15 fy. The Department of Social Development reported the third highest

number of cases (48) for the 2016/17 fy, which is a slight increase of 9.0% from the total of 44

cases reported for the 2014/15 fy, and a decrease of 15.7% compared to the total of 57 cases

reported for the 2015/16 fy.

3.4.3 Gauteng Province

Departments in the Gauteng Province reported a total of 1284 grievances for the 2016/17 fy,

which is an increase of 21.8% from the total of 1054 cases reported for the 2014/15 fy and 2.7%

from the total of 1250 cases reported for the 2015/16 fy. Figure 6 on the next page, provides an

overview in respect of the number of grievances reported by departments in the Gauteng Province

for the past three financial years:

0 50 100 150 200 250 300

Agric & Rural Development

COGTA

Econ, Small Business Dev, Tourism & Environ Affairs

Education

Health

Human Settlements


Police, Roads & Transport

Provincial Treasury

Public Works & Infrastructure

Social Development

Sport, Arts, Culture & Recreation

2

5

30

50

219

7

6

17

22

0

48

8

12

14

22

21

289

12

4

11

4

2

57

13

13

13

54

12

109

7

4

16

0

10

44

15

14/15 15/16 16/17

9


Figure 6 : Number of grievances reported by Gauteng departments

As in the previous years, the Department of Education reported the highest number of grievances

for the 2016/17 fy (617) which reflects an increase of 48.6% from the total of 415 cases reported

for the 2014/15 fy and 30.1% from the total of 474 cases reported for the 2015/16 fy. In keeping

with the previous reporting for this Province, the Department of Health reported the second

highest number of grievances for the 2016/17 fy (401), which indicates a decrease of 1.4% from

the total of 407 cases reported for the 2014/15 fy and an increase of 1.5% from the 395 cases

reported for the 2015/16 fy. The Department of Human Settlements reported the third highest

number of grievances for the 2016/17 fy (48), which reflects a 380% increase from the reporting

of 10 cases for the 2014/15 fy and a 11.6% increase from the reporting of 43 cases for the 2015/16

fy.

3.4.4 KwaZulu-Natal Province

Departments in the KwaZulu-Natal province reported a total of 798 cases for the 2016/17 fy, which is an increase of 12.7% from the total of 708 cases reported for the 2015/16 fy. In comparison with the reporting for the 2014/15 fy, the total number of grievances has increased with 54.3%. from 517. Figure 7 on the next page, provides an overview in respect of reported grievance cases by the KwaZulu-Natal departments for the past three financial years.

0 100 200 300 400 500 600 700

Agric & Rural Development

COGTA

Community Safety

Econ Development

Education

E-Government

Finance

Health

Human Settlements

Infrastructure Dev


Prov treasury

Roads & Transport

Social Development

Sport, Arts, Culture & Recreation

17

13

33

4

617

12

0

401

48

45

5

5

33

27

24

29

6

28

15

474

0

22

395

43

59

101

11

40

13

14

9

3

12

4

415

0

34

407

10

36

7

9

37

52

19

14/15 15/16 16/17

10


Figure 7: Number of grievances reported by KwaZulu-Natal departments

As in previous financial years, the Department of Health reported the highest number of cases for

the 2016/17 fy (372), reflecting a decrease of 2.9% from the total of 383 cases reported for the

2015/16 fy and an increase of 47.6% from the total of 252 cases reported for the 2014/15 fy. The

Department of Education reported the second highest number of grievances for the 2016/17 fy

(120), which is an increase of 471.4% for the 2015/16 fy when 21 cases were reported and

215.7% from the total of 38 cases reported for the 2014/15 fy. The Department of Human

Settlements reported the third highest number of cases (73), which reflects an increase of 508.3%

from the 12 cases reported for the 2015/16 fy and 102.7% from the 36 cases reported for the

2014/15 fy.

3.4.5 Limpopo Province

Departments in the Limpopo Province reported a total of 554 grievances for the 2016/17 fy, which

in comparison with the total of 550 cases reported from the 2014/15 fy is an increase of 0.7%. In

comparison with the 431 cases reported for the 2015/16 fy, the total number of cases reported for

this reporting period indicates an increase of 28.5%. Figure 8 on the next page, provides an

overview in respect of the reporting by departments in the Limpopo Province for the past three

financial years

0 50 100 150 200 250 300 350 400

Agriculture & Rural Dev

Arts and Culture

Community Safety & Liaison

COGTA

Education

Econ Dev, Tourism & Env Affairs

Health

Human Settlements


Public Works

Prov Treasury

Social Development

Sport & Recreation

Transport

41

15

2

6

120

17

372

73

13

72

0

2

4

61

30

13

9

16

21

9

383

12

2

39

3

0

3

168

52

13

0

39

38

6

252

36

5

0

2

2

0

72

14/15 15/16 16/17

11


Figure 8: Number of grievances reported by Limpopo departments

The Department of Social Development reported the highest number of grievances (120) for the

2016/17 fy, which is a sharp increase of 3900 % from the total of 3 cases reported for the 2014/15

fy, and 192.6% from the total of 41 cases reported for the 2015/16 fy. The Department of Co-

operative Governance, Human Settlements and Traditional Affairs (COGHSTA) reported a total

of 119 cases, which in comparison with the previous two financial years, indicates an increase of

495% for the 2014/15 fy (20 cases reported) and 58.6% for the 2015/16 fy (75 cases reported).

The Department of Public Works, Roads and Infrastructure reported the third highest number of

cases (91) for the 2016/17 fy, which is 102.2% more than the 45 cases reported for the 2014/15

fy and 295.6% more than the 23 cases reported for the 2015/16 fy.

3.4.6 Mpumalanga Province

A total of 481 cases were reported by departments in the Mpumalanga Province, which is 34.7%

more than the 357 cases reported for the 2014/15 fy and 9.4% less than the 531 cases that were

reported for the 2015/16 fy. Figure 9 on the next page provides an overview in respect of the total

number of grievances reported per department.

0 20 40 60 80 100 120 140 160

Agriculture

COGHSTA

Econ Dev, Environ & Tourism

Education

Health


Prov Treasury

Public Works, Roads &Infrastructure

Transport

Safety, Security & Liaison

Social Development

Sport, Arts & Culture

80

119

6

34

18

15

3

91

62

1

120

5

85

75

6

24

116

15

9

23

29

4

41

4

133

20

9

93

47

12

9

45

157

3

3

19

14/15 15/16 16/17

12


Figure 9: Number of grievances reported by Mpumalanga departments

Similar to the previous financial years, the Department of Education reported the highest number

of cases (292), which is an increase of 89.6% from the total of 154 cases reported for the 2014/15

fy and 25.3% from the total of 233 cases reported for the 2015/16 fy. The Department of Health

reported the second highest number of cases (66) which is 26.6% less than the 90 cases reported

for the 2014/15 fy and a 37.1% decrease from the 105 cases reported for the 2015/16 fy. The

Provincial Treasury reported the third highest number of cases (27), reflecting an increase of

1250% from the total of 2 cases reported for the 2014/15 fy, and 2700% increase from the total

of 0 cases reported for the 2015/16 fy. It is noted that the number of grievances from the

Department of Education is very high compared to other Departments in the Province and have

been increasing annually for the past 3 financial years.

3.4.7 Northern Cape Province

Departments in the Northern Cape Province reported a total of 252 cases for the 2016/17 fy,

which is an increase of 24.7% from the total of 202 cases reported for the 2015/16 fy and a 48.2%

increase from the 170 cases reported for the 2014/15 fy. Figure 10 on the next page, provides

an overview of the grievances reported by the Northern Cape Province departments for the past

three financial years.

As in the previous financial years, the Department of Health reported the highest number of

grievances (89), which, in comparison with reporting for the 2014/15 fy, indicates a slight increase

of 4.7% (85) cases. However, in comparison with the total of 71 cases reported for the 2015/16

fy, the total number of cases for this reporting period indicates an increase of 25,3%.

0 50 100 150 200 250 300

Agric, Rural Dev, Land & Environ Affairs

Com Safety, Security & Liaison

COGTA

Culture, Sport & Recreation

Econ Dev, Environ & Tourism

Education

Health

Human Settlements


Public Works, Roads & Transport

Provincial Treasury

Social Development

14

5

9

1

13

292

66

12

2

23

27

17

13

25

11

0

6

233

105

12

5

107

0

14

13

9

27

0

12

154

90

10

1

19

2

20

14/15 15/16 16/17

13


Figure 10: Number of grievances by Northern Cape departments

The Department of Sport, Arts and Culture reported the second highest number of grievances for

the 2016/17 fy (60), which reflects a 1400% increase from the total of 4 cases reported for the

2014/15 fy and a 1900% increase from the 3 cases reported for the 2015/16 fy. The Department

of Education follows with a total of 21 cases for the 2016/17 fy, reflecting a decrease of 25%

compared to the total of 28 cases reported for the 2015/16 fy and 8.6% from the total of 23 cases

reported for the 2014/15 fy.

3.4.8 North West Province

Due to the reconfiguration of the Department of Finance, Economy and Enterprise Development

in two Departments, namely, Department of Finance and Department of Economy and Enterprise

Development during 2014, the statistics in respect of these two departments were provided for

the 2013/14 and 2014/15 financial years as one department. However, the reporting in this Fact

Sheet for the 2016/17 fy will be provided in respect of the two departments separately, reflecting

a zero in respect of the 2014/15 financial year for the Department of Finance.

Departments in the North West Province reported 311 cases for the 2016/17 fy, which is a

decrease of 10.6% from the reporting of 348 cases for the 2015/16 fy and an increase of 3.6%

from the reporting of 300 cases for the 2014/15 fy. Figure 11 on the next page provides an

overview in respect of the reporting by departments in the North West Province.

0 10 20 30 40 50 60 70 80 90

Agric & Land Reform

COGHSTA

Econ Dev & Tourism

Education

Environ & Nature Conservation

Health


Prov Treasury

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Social Development

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Transport, Safety & Liaison

0

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14/15 15/16 16/17

14


Figure 11: Number of grievances reported by North West departments

The Department of Health reported the highest number of grievances for the 2016/17 fy with 80

cases. In comparison with the reporting for the 2014/15 fy (118), this is a decrease of 32.2%. On

the other hand, the reporting for the 2016/17 indicates a decrease of 33.8% against 121 cases

reported for the 2015/16 fy. The Department of Social Development reported a total of 50 cases

for the 2016/17 fy, which is an increase of 51.5% in comparison with the 33 cases reported for

the 2014/15 fy, and a 85.1% increase from the reporting of 27 cases for the 2015/16 fy.

Both the Department of Public Works and Roads and the Department of Rural, Environment and

Agricultural Development reported the third highest number of cases for the 2015/16 fy with a

total of 32 each. In comparison with the 2015/16 fy, the number of grievance cases reported by

both departments decreased by 33,3% and 30,4% respectively. However, with respect to the

2014/5 fy, the Department of Public Works and Roads had an decrease of 52.4%, whereas the

Department of Rural, Environment and Agricultural Development’s cases increased with 146.1%.

3.4.9 Western Cape

For the current reporting period, the Western Cape Province departments reported a total of 768

cases. In comparison with the reporting of 729 cases for the 2015/16 fy, the number of cases

increased by 5.3%. However, in comparison with the 831 cases reported for the 2014/15 fy, the

number of cases decreased by 7.5%. Figure 12 on the next page, provides an overview in respect

of the number of cases reported by departments in the Western Cape for the past three financial

0 20 40 60 80 100 120 140

Community Safety & Transport Management

Culture, Arts & Trad Affairs

Finance

Economy & Enterprise Dev

Tourism

Education & Sports Dev

Health

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Public Works & Roads

Social Development

31

25

8

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0

7

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20

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32

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48

27

10

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0

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0

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60

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33

14/15 15/16 16/17

15


years.

Figure 12: Number of grievances reported by Western Cape departments

The Department of Transport and Public Works reported the highest number of cases (272) for

the 2016/17 fy, depicting an increase of 262.6% from the total of 75 cases reported for the 2015/16

fy. The cases for the current reporting period have also increased with 136.5% from the total of

115 reported for the 2014/15 fy. The Department of Health reported the second highest number

of cases (204). It is noted that in comparison with the 2014/15 fy, the number of cases decreased

by 42.6% from the reported 356 cases. However, in comparison with the 2015/16 fy when 285

cases were reported, the total number of cases for the current reporting period decreased with

28.4%. The Department of Social Development reported the third highest number of cases with

76 grievances, which reflects a decrease of 49.3% from the total of 150 cases reported for the

2015/16 and 59.5% against the total of 188 cases reported for the 2014/15 fy.

3 RESOLUTION OF GRIEVANCES

Resolution 14 of 2002, also known as the Grievance Rules5 and the Rules for dealing with

grievances of SMS members6 provides a specific time frame (30 and 45 days respectively) for

5 Republic of South Africa. Public Service Commission. Rules for dealing with the grievances of employees in the Public Service. Published in Government Gazette No. 25209 dated 25 July 2003. 6 Republic of South Africa. Public Service Commission. Rules for dealing with the grievances of members of the SMS including HoDs. Published in Government Gazette No.33540 dated 17 September 2010.

0 50 100 150 200 250 300 350 400

Agriculture

Community Safety

Cultural Affairs & Sport

Econ Dev & Tourism

Education

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Health

Human Settlements

Local gov


Prov Treasury

Social Development

Transport & Public Works

36

6

56

5

44

6

204

18

4

26

15

76

272

42

11

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70

20

285

4

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34

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115

14/15 15/16 16/17

16


the department to resolve grievances of employees. An analysis in respect of the reporting by

departments indicates that for the reporting period, 56.9.0% (5136) of grievances were finalised

and 0.5% (48) of the cases were withdrawn. A total of 42.6% (3847) were pending as at the end

of the reporting period. In comparison with the 2015/16 fy, the percentage of finalized cases

increased by 3.3% from 53.6 % and pending cases decreased by 3.4% from 46%. However, in

comparison with the 2014/15 fy, the percentage of cases finalized for the 2016/17 fy has

decreased with 0.5% from 57.3% and the percentage of pending cases increased with 0.6% from

42%. These differences are however, very small and cannot be regarded as significant. Figure

14 below, provides a breakdown in respect of the total number of grievances that were finalized,

pending and withdrawn for the past three financial years.

Figure 13: Number of grievances finalized, pending and withdrawn

In terms of the provisions of Rule F.8 of the Grievance Rules, and Rule 6(g) of the Rules for

dealing with grievances of SMS members, a grievance must be resolved within a period of 30/45

working days, unless the period is extended by mutual agreement. According to the reporting by

departments for the 2016/17 fy, a total of 1494 (29%) cases were not concluded within the

prescribed timeframe. The failure by departments to conclude grievances within the prescribed

timeframe has been noted by the PSC in previous Fact Sheets. Failure to comply with the

prescribed timeframe defeats the purpose of the Grievance Rules, i.e. the speedy resolution of

grievances. Feedback from the Departments of Correctional Services, Justice and Constitutional

Development and the SAPS stated that the reasons for delays in finalizing cases within the

prescribed timeframe include insufficient human resources which in some instances is

exacerbated by the absence of employees due to various forms of leave or deployment; the

centralization of functions; failure to follow up on matters escalated to executive authorities; and

lack of financial resources.

0

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Finalisedgrievances(National)

Finalisedgrievances(Provinces)

Pendinggrievances(National)

Pendinggrievances(Provinces)

Grievanceswithdrawn(National)

Grievanceswithdrawn(Provinces)

16/17 2126 3010 1828 2019 11 37

15/16 2138 2785 1949 2280 5 34

14/15 2322 2502 1683 1846 25 27

17


The PSC, in its Report on the Evaluation of Grievances to Determine Good Practices7, extensively

discussed the challenges faced by departments in respect of the speedy resolution of grievances.

It appears that departments still face the same challenges. In order to improve sound labour

relations, departments need to make concerted efforts to ensure that grievances are dealt with

speedily and effectively.

4 NATURE OF GRIEVANCES

In the preceding years, the PSC found that the majority of grievances relate to performance

management and salary related matters. However, for the 2016/17 fy, this picture has changed

in that grievances relating to salary related problems rate the highest (2360), followed by unfair

treatment (2209). Figure 14 below provides a comparison in respect of the nature of grievances

lodged by aggrieved employees for the past three financial years.

Figure 14: Nature of grievances

It is noted that in comparison with the 2014/15 and 2015/16 financial years where 22.2% of

grievances lodged related to salary problems, the percentage of grievances relating to salary

problems has increased with 3.9% to 26.1%. The second highest dissatisfaction lodged by

employees for the 2016/17 fy, relates to unfair treatment (2209), which is 24.4% of the total

number of grievances lodged. For the 2014/15 fy, a total of 22.3% related to unfair treatment,

which rose to 24.5% in the 2015/16 fy. In order for the Public Service to be an employer of choice,

employees should be treated fairly in the workplace. Departments need to attend to the underlying

causes for the increase in the number of grievances relating to unfair treatment.

Grievances relating to PMDS rate the third highest at 1938 which is 21.4% of grievances lodged

for the 2016/17 fy. This is a decrease of 19.4% from the previous reporting period when 2406

grievances related to PMDS. It is also a decrease of 14.9% from the total of 2279 grievances

lodged in this category for the 2014/15 fy.

7 Republic of South Africa. Public Service Commission. Report on the evaluation of grievances to determine good practices. 2011

0

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Filling ofpost

Under -mining

authority

Applicationapproval

Proceduralunfairness

Salaryproblems

PMDS Unfairtreatment

Not listed

16/17 1259 58 1112 83 2360 1938 2209 12

15/16 1164 7 1228 62 2044 2406 2255 25

14/15 1319 5 960 89 1873 2279 1880 0

18


A further breakdown is provided below in Figure 15 in respect of grievances that fall in the

categories: PMDS, salary problems and unfair treatment as reported by the national departments

and the provinces for the 2016/17 fy.

Figure 15: Nature of grievances in respect of the three categories per national departments and provinces for the 2016/17 fy

National departments reported the highest number of grievances relating to unfair treatment

(1059) which is 26.7% of the total number of grievances reported by national departments. This

is followed by salary related grievances with a total of 1035 cases, which amounts to 26.1% of

the total number of grievances reported by national departments and the third is PMDS with a

total of 782 reported grievances, which is 19.7% of the total number of grievances reported by

national departments.

Reporting by provinces in respect of the three categories for the 2016/17 fy, indicates that

grievances relating to unfair treatment were the highest in Gauteng (459) which amounts to 35.7%

of the total of 1254 cases reported by the Province. The Northern Cape Province also reported

unfair treatment as the highest dissatisfaction in the Province (121), which amounts to 48% of the

total number of 252 grievances reported by the Province.

Grievances relating to salary problems were the highest in the Eastern Cape (59), which amounts

to 28.9% of the total number of 204 grievances reported. Similarly, grievances relating to salary

problems were the highest in the Free State (211) which amounts 50.9% of the total number of

414 grievances reported; KwaZulu-Natal (190), which amounts to 23.8% of the total number of

798 grievances reported and the Western Cape (324) which amounts to 42.1% of the total of 768

grievances reported.

0 200 400 600 800 1000 1200

National

Eastern Cape

Free State

Gauteng

KZN

Limpopo

Mpumalanga

Northern Cape

North-West

Western Cape

NationalEasternCape

FreeState

Gauteng KZN LimpopoMpumal

angaNorthern

CapeNorth-West

WesternCape

Salary problems 1035 59 211 159 190 179 57 70 76 324

Unfair treatment 1059 38 103 459 134 19 61 121 51 164

PMDS 782 45 62 133 187 299 185 32 88 125

19


Grievances relating to PMDS rated the highest in the Limpopo Province (299) which amounts to

54% of the total of 554 grievances reported, in the Mpumalanga Province (185) which is 38.4%

of the total of 481 cases reported and North West (88) which is 28.2% of the total of 311 cases

reported.

5 RACE AND GENDER DISTRIBUTION OF AGGRIEVED EMPLOYEES

Figures 16 and 17 provide an overview in respect of the race and gender distribution of aggrieved

employees as reported by national and provincial departments.

Figure 16: Race distribution of aggrieved employees

A total of 6372 grievances were lodged by African employees for the 2016/17 fy, which amounts

to 70.6% of the total number of grievances lodged. The percentage of African employees that

lodged grievances for this reporting period, is a fraction less than the 71% of employees that

lodged grievances in the 2015/16 fy. In respect of Coloured employees, a total of 1176 employees

lodged grievances, which amounts to 13%. This is a slight increase from with the 2015/16 fy,

when 12.5% of the grievances were lodged by Coloured employees. The percentage of Indian

employees that lodged grievances in the 2016/17 fy decreased from 4% (369) to 3.5% (316).

Similarly, the number of grievances lodged by White employees decreased with 0.6% from the

11.1% (1025) grievances lodged in the 2015/16 fy, against the 10.5% (953) lodged in the 2016/17

fy. In respect of 214 (2.4%) cases, the racial distribution was not known or provided. This should

be considered in line with the total of 220 collective grievances reported where departments did

not provide the race of the individual employees.

Figure 17: Gender distribution of aggrieved employees

01000200030004000500060007000

African Coloured Indian White Unknown

16/17 6372 1176 316 953 214

15/16 6526 1146 369 1025 125

14/15 5622 1293 274 1094 122

010002000300040005000

16/17 15/16 14/15

Male 4759 4655 4469

Female 4105 4379 3760

Unknown 167 157 176

20


As far as the gender distribution is concerned, in total 4759 grievances were lodged by males

against 4105 grievances lodged by females for the 2016/17 fy, which is a ratio of 52.7% to 45.5%.

This compares to a ratio of male to female of 50.6%:47.6% in the 2015/16 fy and 53.2%:44.7%

for the 2014/15 fy. The 2016/17 trend shows that fewer female employees lodged grievances

compared to the previous financial year even though it is more than the 2014/15 fy. The gender

of employees for the current reporting period was not reported in respect of 167 cases (1.8%).

6 SALARY DISTRIBUTION OF AGGRIEVED EMPLOYEES

Figure 18 provides an overview in respect of the salary distribution of aggrieved employees.

Figure 18: Salary distribution in respect of aggrieved employees

As can be seen from Figure 18, the total number of grievances lodged by employees on salary

levels 2 to 8 decreased from 6803 reported for the 2015/16 fy to 6445 reported for the 2016/17

fy, which is a decrease of 5.5%. In comparison with the total of 5861 grievances lodged by

employees on salary level 2-18 for the 2014/15 fy, an increase of 10% is noted. A similar trend is

noted in respect of salary levels 9 to 10 and 11 to 12. The total number of aggrieved employees

on salary levels 9 to 10 increased from 1223 for the 2014/15 fy to 1271 for the 2015/16 fy and

decreased to 1232 for the 2016/17 fy. This represents an increase of 0.7% from the percentage

reported for the 2014/15 fy and a decrease of 3.0% reported for the 2015/16 fy.

In respect of salary levels 11 to 12, the total number increased from 674 employees for the

2014/15 fy, to 683 employees in the 2015/16 fy but decreased to 664 for the 2016/17 fy, which is

respectively an increase by 1.3% for the 2014/15 fy and a decrease by 2.8% for the 2015/16 fy.

The number of grievances lodged by aggrieved employees on SMS level decreased slightly from

146 for the 2015/16 fy, to 144 cases reported for the 2016/17 fy, which is 1.3%. In comparison

with the 2014/15 fy, there is however a substantial decrease of 35.4%.

0 1000 2000 3000 4000 5000 6000 7000

2-8

9-10

11-12

13-16

OSD

Other

Unknown

2-8 9-10 11-12 13-16 OSD Other Unknown

14/15 5861 1223 674 223 0 99 325

15/16 6803 1271 683 146 7 113 168

16/17 6445 1232 664 144 16 310 220

21


The number of grievances of employees translated to the OSD indicates an increase of 128.5%

from 7 cases reported for the 2015/16 fy to 16 reported for the 2016/17 fy. The salary levels in

respect of 310 cases, do not fall within the salary levels 2 – 16 and includes Educators and Health

employees. It is noted that the number of cases in this category, shows an increase of 213.1%

(99) reported for 2014/15 fy, to 174.3% reported for the 2016/17 fy. In respect of the 220 collective

cases reported for the 2016/17 fy, the departments did not indicate the salary levels of the

individual employees.

7 GRIEVANCES CONSIDERED BY THE PSC

In terms of the PSC Rules, 2016, grievances of employees can be referred to the PSC by the

executive authority in terms of section 35(1)(a) of the Public Service Act, 1994, as amended, or

by the aggrieved employee if the executive authority fails to –

provide the employee with his/her decision within the prescribed timeframe or on the lapse

of the agreed date of extension; or

refer the employee’s grievance to the PSC for investigation within the prescribed 10 days

of receiving a written request from the employee.

The PSC conducts a full investigation into grievances that are properly referred to it. This section

of the Fact Sheet provides a statistical overview in respect of those grievances that were

investigated by the PSC.

7.1 Total number of grievances referred to the PSC

A total of 709 grievances were referred to the PSC during the 2016/17 fy. As can be seen from

Figure 19 below, the number of grievances referred to the PSC decreased from 872 for the

2014/15 fy to 682 for the 2015/16 fy (21.7%). However, in respect of the 2016/17 fy, the

percentage of grievances increased slightly with 4% from the 2015/16 fy.

Figure 19: Grievances referred to the PSC

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2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17

614572

673727

785

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682 709

22


7.2 Overall status of cases referred to the PSC

Figure 20 provides an overview in respect of the status of grievances lodged with the PSC for

the past three financial years. For the 2016/17 fy, a total of 615 (86.7%) grievances were

concluded and 94 cases (13.3%) were pending. In respect of the 2015/16 fy a total of 605 (88.7%)

cases were concluded and a total of 77 cases (11.3%) remained pending. The percentage of

cases in respect of the 2015/16 fy, is more or less in keeping with the percentage of cases

finalized for the 2014/15 fy when 89.6% (781) cases were concluded and 10.4% (91) cases were

pending.

Figure 20: Status of cases referred to the PSC

7.3 Status of properly lodged grievances referred to the PSC

As can be seen from Figure 20 above, a total of 872 cases were reported for the 2014/15 fy. It

needs to be mentioned that at the time of the reporting period of 2014/15, the PSC did not

distinguish between cases that were properly referred and those cases where the PSC does not

have jurisdiction. However, as from the 2015/16 fy, the PSC made a clear distinction between

grievances that are properly lodged and those where the PSC does not have jurisdiction. The

reporting in this Fact Sheet concentrates on the cases that were properly referred and dealt with

by the PSC.

An overview in respect of grievances that were properly referred to the PSC by national and

provincial departments, is reflected in Figure 21 below.

0

100

200

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400

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16/17 15/16 14/15

709682

872

615605

781

94 77 91

Total Finalised Pending

23


Figure 21: Number of grievances referred to the PSC in respect of national and provincial departments

As can be seen from the above figure, the number of cases referred in respect of employees in

the national departments reflects a slight decrease of 1.5% from the total of 195 cases referred in

the 2015/16 fy, to 192 cases reported for the 2016/17 fy.

In the Eastern Cape Province, 49 cases were referred during the 2016/17 fy, reflecting a decrease

of 7.5 % from the 53 reported for the 2015/16 fy. The Free State Province recorded the same

number of grievances (6) for the 2016/17 and the 2015/16 financial years.

The number of cases in the Gauteng Province decreased from 39 cases for the 2015/16 fy, to 11

cases for the 2016/17 fy (71.7%). KwaZulu-Natal Province registered 7 grievances for both the

2016/17 and the 2015/16 financial years respectively.

In respect of the Limpopo Province, the total number of grievances for the 2016/17 fy (28) reflects

a decrease of 50% from the 56 cases reported for the 2015/16 fy. In the Mpumalanga Province,

only 3 cases were referred for the 2016/17 fy, reflecting a decrease of 85% from the total of 20

cases referred in the 2015/16 fy. In the North West Province, the number of grievances decreased

from 13 cases referred in the 2015/16 fy to 10 cases referred in the 2016/17 fy which is a 23.0%

decrease.

The Northern and Western Cape Provinces were the only two provinces in respect of which there

is a slight increase in the number of grievances referred for the 2016/17 fy. In the Northern Cape

Province, a total of 40 grievances were referred for the 2016/17 fy, reflecting an increase of 150%

from the 16 grievances reported for the 2015/16 fy. In the Western Cape Province, a total of 85

grievances were referred for the 2016/17 fy, which is a slight increase of 7.6 % from the 79 cases

referred in the 2015/16 fy.

0 100 200 300 400 500

Eastern Cape

Free State

Gauteng

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Mpuma-langa

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Northern Cape

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Western Cape

Total

EasternCape

FreeState

GautengKwaZulu

-NatalLimpopo

Mpuma-langa

NationalNorthern

CapeNorthWest

WesternCape

Total

15/16 53 6 39 7 56 20 195 16 13 79 484

16/17 49 6 11 7 28 3 192 40 10 85 431

24


Figure 22 provides an overview in respect of the status of properly lodged grievances referred to

the PSC for the 2015/16 and 2016/17 financial years.

Figure 22: Status of properly referred grievances

For the 2015/16 fy, 431 cases (89%) of the total of 484 properly lodged cases were concluded

and 53 (11%) remained pending. For the 2016/17 fy, a total of 345 (80%) of the 431 properly

referred cases were concluded and 86 (20%) of the cases could not be finalized by the end of the

financial year as they were either received by the PSC during the last month of the financial year

or not all the information had been provided to the PSC.

7.4 Nature of properly referred grievances lodged with the PSC

Figure 23 provides an overview in respect of the nature of grievances lodged with the PSC. The

reporting by departments in respect of the nature of grievances is consistent with that of the PSC

where grievances relating to salary problems rated the highest. This has been the trend in the

nature of grievances referred to the PSC since 2014/15 when a total of 372 cases in this category

was referred to the PSC. In total, 141 (32.7%) grievances lodged with the PSC for the 2016/17

fy, relates to salary problems. This category includes dissatisfaction with the implementation of

the Occupation Specific Dispensation in respect of several post classes. Grievances relating to

performance assessment and unfair treatment rate the second highest with 95 (22%) cases each.

Grievances relating to the filling of posts rate the third highest for the 2016/17 fy at 63 (14.6%).

0

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Finalised Closed Pending

190

155

86

285

146

53

16/17 15/16

25


Figure 23: Nature of grievances lodged with the PSC

7.5 Race and gender distribution of grievances referred to the PSC

Figures 24 and 25 below provide an overview in respect of the race and gender of employees

that lodged grievances with the PSC.

Figure 24: Race distribution of aggrieved employees

As can be seen from Figure 24, grievances referred by African employees are the highest at

57.7%, followed by Coloured employees at 22.7%, Whites at 14.6% and Indians at 3.0%. In 1.8%

of the cases, information relating to the race distribution of the aggrieved employees is not

provided.

0 100 200 300 400

Filling of post

Undermining of authority

Salary problems

Performance assessment

Unfair treatment

Application approval

Procedural unfairness

Filling of postUnderminingof authority

Salaryproblems

Performanceassessment

Unfairtreatment

Applicationapproval

Proceduralunfairness

14/15 119 3 372 160 161 30 27

15/16 76 3 185 93 82 41 4

16/17 63 0 141 95 95 34 3

0

200

400

600

800

African White Coloured Indian Not indicated

249

63 9813 8

343

43 5912 27

664

74 9423 17

16/17 15/16 14/15

26


Figure 25: Gender distribution of aggrieved employees

In respect of the gender distribution of aggrieved employees, 227 (52.6%) grievances were lodged

by males, 183 (42.4%) grievances were lodged by females and the gender of the remaining 21

(4.8%) grievances could not be determined due to incomplete information provided by

departments

8 IMPLEMENTATION OF RECOMMENDATIONS

In terms of the provisions of section 35(2) of the Public Service Act, 1994, the PSC makes

recommendations based on its consideration of the merits of each grievance. The

recommendations are conveyed to the executive authorities who need to take a decision on the

PSC’s recommendations.

Rule 15(3) of the PSC Grievance Rules determines that -

“The executive authority to whom a recommendation has been made must, within 10 days of

receipt of Commission's letter, provide the Commission with comment indicating whether or not

the executive authority is going to implement recommendations made by the Commission.”

Rule 19 of the PSC Grievance Rules, further determines that the executive authority should inform

the employee and the PSC of his/her decision in respect of the implementation of a

recommendation within a period of 10 working days. In terms of Rule 19(2) of the PSC Grievance

Rules, the executive authority is compelled to provide the PSC with reasons for not implementing

the PSC’s recommendations within the 10 days period.

For the 2016/17 fy, the PSC made recommendations in respect of 79 grievances that it had

investigated. Of these cases, the PSC found 49 cases substantiated and 9 cases were found

partially substantiated. In 21 cases the PSC made recommendations even though the cases were

not found substantiated. In respect of 28 cases (35.4%), departments implemented the

recommendations of the PSC and informed the PSC of the implementation. In 6 cases (7.6%),

departments only partially implemented the recommendations of the PSC. In 21 cases (26.6%),

departments did not implement the PSC’s recommendations. Reasons provided by departments

for partially implementation of recommendations or non-implementation, were for example,

non agreement with the PSC;

the aggrieved had lodged a dispute with a Bargaining Council and the department awaited

the outcome of the arbitration process;

0

200

400

600

16/17 15/16 14/15

227 262

484

183221

383

21 1 5

Male Female Not indicated

27


posts were not available to accommodate employees whose grievances were found in their

favour;

approval from National Treasury was awaited;

further advice was requested from the Premier; and

protests within the District preventing the Department from implementing the

recommendation.

Figure 26: Feedback in respect of the implementations by the PSC

It is however, disconcerting that in respect of 24 cases (30.4%), departments failed to provide any

feedback to the PSC, despite several requests by the PSC. There is a need for departments to

understand the importance of responding timeously to the PSC’s recommendations and provide

cogent reasons for rejecting the PSC’s findings and recommendations in a grievance.

9 CONCLUSION

Employees have the right to lodge grievances if there is an omission or failure on the part of the

employer that adversely affects them. By the same token, the employer has a duty to ensure that

grievances are dealt with as quickly as possible, irrespective of whether the grievances are

substantiated or not.

The information presented shows that for the previous financial years, grievances relating to

performance management were consistently the highest dissatisfaction amongst employees.

However, there is a change in trend showing an increase in grievances relating to salary

problems, which surpassed performance management related grievances. For the current

financial year, a total of 26.1% of grievances related to salary issues, which varies from the

payment of acting allowances, cost of living increases and grading of salary levels. This is in

keeping with the current economic climate of the country which has resulted in employees

experiencing financial pressures due to rising inflation. The increase in the percentage of

dissatisfactions relating to unfair treatment is worrying as these dissatisfactions relate to

allegations of victimization and harassment. The PSC in its investigations found that these types

of grievances often involve personal relationship problems between the employee and the

supervisor. It is thus imperative that departments implement employee wellness programmes to

0

5

10

15

20

25

30

Recommendationsimplemented

Recommendationspartially

implemented

Recommendationsnot implemented

No feedbackreceived

28

6

2124

28


assist their employees in cultivating harmonious working relationships.

However, the PSC has observed that grievance resolution remains a challenge as is evident from

the fact that 42.6% of cases received by national and provincial departments during the 2016/17

financial year remain pending, which is almost a third of the total number of grievance cases. The

concern is that the ineffective management of grievances has a negative impact on labour

relations, employee productivity and organisational performance. Therefore departments should

make a concerted effort to ensure the speedy resolution of grievances

Departments are encouraged to use the information from the statistics presented in the Fact

Sheet to reflect on the performance of the respective departments and to identify areas that

require intervention.

FACT SHEET ON GRIEVANCE RESOLUTION FOR THE ......Fact Sheet on Grievance Resolution for the 2016/17...

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