Grievance Handling in the Public Sector Questions and Answers Based on Public Service Act Cap 29

 Grievance Handling in the Public Sector Questions and Answers Based on Public Service Act Cap 29

Section 12 of the Public Service Act, Cap. 29:

1. According to Section 12(1) of the Public Service Act, who can an officer or employee invoke the grievance-handling procedure against? Please list the three categories mentioned.

Answer: An officer or employee can invoke the grievance-handling procedure against:

• A person appointed by the Commission who has or had supervisory powers over that person.

• A person other than the one appointed by the Commission, but who has supervisory powers over the employment of that person.

• A fellow employee.

2. What is the procedure that an aggrieved officer or employee can invoke, as specified in the Fourth Schedule of the Public Service Act?

Answer: The procedure that an aggrieved officer or employee can invoke, as specified in the Fourth Schedule, involves:

• Seeking to resolve the grievance within 3 days after reporting it, involving the aggrieved officer or employee, the shop steward of the union representing the officer or employee, and the supervisory officer.

• If there is no resolution at the initial stage, appealing in writing to the Permanent Secretary assigned to the Ministry or Department within 7 days.

• If the union is dissatisfied with the decision of the Permanent Secretary, informing the Permanent Secretary, Ministry of the Civil Service, or the Chief Personnel Officer in writing.

• If the officer or employee is dissatisfied with the decision made in response to the union's dissatisfaction, appealing to the Head of the Public Service within 10 days.

3. Section 12(2) mentions an alternative to the procedure specified in subsection (1). What is this alternative, and when can an officer or employee choose to seek it?

Answer: The alternative to the procedure specified in subsection (1) is seeking the process of alternative dispute resolution. An officer or employee can choose to seek alternative dispute resolution instead of the specified procedure if they prefer this method or if it is deemed more appropriate for the particular grievance.

4. How would you define a "grievance" according to Section 12(3)(a) of the Public Service Act? Please provide the various elements included in this definition.

Answer: According to Section 12(3)(a) of the Public Service Act, a "grievance" includes:

• A complaint regarding the alleged violation of:

• Provisions of any agreement with a trade union or any other body authorized to represent an officer or employee in employment matters.

• Rules or regulations or any conventions applicable to the category of officers to which the person belongs.

• Principles of natural justice.

• The dignity of the human person.

5. In Section 12(3)(a)(i), what are some examples of agreements with trade unions or other authorized bodies that could be the subject of a grievance?

Answer: Examples of agreements with trade unions or other authorized bodies that could be the subject of a grievance include collective bargaining agreements, employment contracts, memoranda of understanding, or any other formal agreements that outline the rights, benefits, and conditions of employment.

6. According to Section 12(3)(a)(ii), what are the sources of rules or regulations that an officer or employee can file a grievance about?

Answer: An officer or employee can file a grievance about rules or regulations originating from sources such as legislation, policies, procedures, official guidelines, or any other documented rules and regulations that govern the employment or conduct of officers or employees.

7. What do the principles of natural justice entail, as stated in Section 12(3)(a)(iii)? How can they be relevant in the context of grievance handling?

Answer: The principles of natural justice include concepts such as the right to a fair hearing, impartiality, transparency, and the rule against bias. In the context of grievance handling, these principles ensure that both the aggrieved officer or employee and the parties involved in addressing the grievance are treated fairly, and that decisions are made objectively and without prejudice.

8. Section 12(3)(a)(iv) refers to the dignity of the human person as a potential basis for a grievance. Can you provide examples of situations where the dignity of an individual might be violated in the workplace?

Answer: Situations where the dignity of an individual might be violated in the workplace can include instances of harassment, discrimination, bullying, offensive or derogatory remarks, humiliation, or any other behavior that undermines or devalues the worth and respect of an individual.

9. What does the term "alternative dispute resolution" encompass according to Section 12(3)(b) of the Public Service Act? Can you give some examples of alternative dispute resolution methods?

Answer: According to Section 12(3)(b) of the Public Service Act, "alternative dispute resolution" encompasses methods such as conciliation, mediation, or any other method of dispute resolution that is different from the formal grievance-handling procedure. Examples of alternative dispute resolution methods include negotiation, facilitated dialogue, or arbitration.

10. How do the provisions outlined in Section 12 of the Public Service Act contribute to promoting fairness, resolving disputes, and maintaining a harmonious work environment within the public service?

Answer: The provisions outlined in Section 12 of the Public Service Act promote fairness by providing a structured and transparent process for addressing grievances. The clear procedures and timelines ensure that disputes are handled in a timely manner. By involving multiple parties and providing avenues for resolution at various levels, the provisions help in resolving disputes effectively. This, in turn, contributes to maintaining a harmonious work environment by addressing issues and ensuring that the rights and dignity of employees are protected.

Fourth Schedule Public Service Act Cap 29

Questions regarding the Grievance Handling Procedure as guided by the Fourth Schedule of the Public Service Act, Cap. 29:

1. According to the Fourth Schedule of the Public Service Act, what is the initial step in the grievance-handling procedure? Who are the parties involved in seeking to resolve the grievance at this stage?

Answer: The initial step is for the aggrieved officer or employee, the shop steward of the union representing the officer or employee, and the supervisory officer of the officer or employee to seek to resolve the grievance within 3 days after it has been reported.

2. How long do the parties have to attempt to resolve the grievance at the first stage, as stated in paragraph (a) of the Grievance-Handling Procedure?

Answer: The parties have 3 days to attempt to resolve the grievance at the first stage.

3. If the grievance is not resolved at the initial stage, what is the next step an aggrieved officer or employee can take? Who should they appeal to, and within what timeframe?

Answer: If the grievance is not resolved at the initial stage, the aggrieved officer or employee may, in writing, appeal to the Permanent Secretary assigned to the Ministry or Department within which the office to which the aggrieved party is appointed falls. This appeal should be made within 7 days of the date when the matter reaches the Permanent Secretary.

4. What role does the Permanent Secretary assigned to the Ministry or Department play in the grievance-handling process, as outlined in paragraph (b) of the procedure?

Answer: The Permanent Secretary assigned to the Ministry or Department will determine the matter within 7 days of receiving the appeal from the aggrieved officer or employee.

5. If the union representing the aggrieved officer or employee is dissatisfied with the decision made by the Permanent Secretary, what course of action can they take, and who should they inform? Within what timeframe should the matter be determined by the Permanent Secretary or the Chief Personnel Officer?

Answer: If the union is dissatisfied with the decision made by the Permanent Secretary, they can inform the Permanent Secretary, Ministry of the Civil Service, or the Chief Personnel Officer in writing. The Permanent Secretary or the Chief Personnel Officer should determine the matter within 10 days of receiving the matter.

6. In the event that the aggrieved officer or employee remains dissatisfied with the decision made in paragraph (c) of the procedure, what further action can they take? Who can they appeal to, and within what timeframe?

Answer: If the aggrieved officer or employee is dissatisfied with the decision made in paragraph (c), they can appeal to the Head of the Public Service within 10 days of the date when that decision was made.

7. If the decision made by the Head of the Public Service is not accepted, what option is available to the union?

Answer: If the decision made by the Head of the Public Service is not accepted, the union may declare that a dispute exists.

8. How does the declaration of a dispute by the union impact the grievance-handling process? What steps may be taken after a dispute is declared?

Answer: The declaration of a dispute by the union signifies that there is a significant disagreement that requires further attention. After a dispute is declared, additional steps such as negotiation, mediation, or other forms of alternative dispute resolution may be pursued to resolve the matter.

9. According to the Fourth Schedule, how is a "union" defined for the purposes of this procedure?

Answer: For the purposes of this procedure, a "union" is defined as the trade union or other body authorized to represent an officer or employee in respect of employment matters.

10. How do the provisions outlined in the Grievance Handling Procedure, as guided by the Fourth Schedule, ensure fairness, transparency, and timely resolution of grievances within the public service?

Answer: The provisions outlined in the Grievance Handling Procedure provide clear steps, timelines, and avenues for resolving grievances. The involvement of multiple parties, such as the aggrieved officer or employee, the union, supervisory officers, Permanent Secretaries, and the Head of the Public Service, ensures a fair and transparent process. The specified timeframes help facilitate timely resolution and prevent undue delays in addressing grievances.