Fact Sheet on Grievance Resolution 2012/13

Fact Sheet on Grievance Resolution

2012/13

Public Service Commission

March 2014

Vision

A champion of public administration excellence in democratic governance in South Africa.

Mission

To promote the constitutionally enshrined democratic principles and values of the Public Service by investigation, research, monitoring, evaluating, communicating and reporting on public administration.

Fact Sheet on Grievance Resolution

2012/13

Published in the Republic of South Africa by: THE PUBLIC SERVICE COMMISSION Commission House Cnr. Hamilton & Ziervogel Arcadia, 0083 Private Bag X121 Pretoria, 0001 Tel: +27 12 352 1000 Fax: +27 12 325 8382 Email: info@.za Website: .za

National Anti-Corruption Hotline for the Public Service: 0800 701 701 (Toll-Free)

Compiled by Branch: Leadership and Management Practices Distributed by Directorate: Communication and Information Services

Printed by: Milk Brown Designs and Communications ISBN: 978-0-621-42588-8 RP:86/2014

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Table of Contents

INTRODUCTION 1

OBJECTIVES OF THE FACT SHEET

1

COMPLIANCE WITH THE GRIEVANCE RULES, 2003

1

NUMBER OF GRIEVANCES LODGED IN THE PUBLIC SERVICE 2

COLLECTIVE GRIEVANCES 2

NUMBER OF GRIEVANCES LODGED AT NATIONAL LEVEL

3

NUMBER OF GRIEVANCES LODGED AT PROVINCIAL LEVEL 5

Eastern Cape Province

5

Free State Province

6

Gauteng Province 7

KwaZulu-Natal Province

8

Limpopo Province 9

Mpumalanga Province

10

Northern Cape Province 11

North West Province

12

Western Cape Province

13

STATUS OF THE RESOLUTION OF GRIEVANCES

14

CAUSES OF GRIEVANCES 15

RACE AND GENDER DISTRIBUTION OF AGGRIEVED

17

EMPLOYEES

DISTRIBUTION OF EMPLOYEES ACCORDING TO SALARY 19

LEVELS

GRIEVANCES REFERRED TO THE PSC

20

Status of grievances referred to the PSC

22

Nature of the grievances referred to the PSC

23

Race and gender distribution of grievances referred to the PSC

24

OVERVIEW OF GRIEVANCE RESOLUTION AT LOCAL

24

GOVERNMENT LEVEL

STATUS OF THE RESOLUTION OF GRIEVANCES IN LOCAL 26

GOVERNMENT

NATURE OF GRIEVANCES IN LOCAL GOVERNMENT

26

CONCLUSION 28

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INTRODUCTION

This is the fifth Fact Sheet on grievance resolution produced by the Public Service Commission (PSC) and it includes a statistical overview of grievance resolution in sampled municipalities.

In terms of Section 196(4)(b) of the Constitution of the Republic of South Africa, 1996, the PSC is empowered to investigate, monitor and evaluate the organisation and administration, and personnel practices of the public service. Section 196(4)(f)(ii) of the Constitution 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.

In terms of the provisions of Rule I.1 of the Rules for dealing with grievances of employees in the Public Service (the Grievance Rules, 2003), published in Government Gazette no 25209 on 25 July 2003, Heads of Department (HoD's) are required to report to the PSC on a six monthly basis on the resolution of grievances.The reporting by HoD's enables the PSC to provide the National Assembly and provincial legislatures, with an annual report on trends in grievance resolution.

The PSC has comprehensively changed its internal procedures through which grievances are investigated and presented before a Panel of Commissioners. It is envisaged that this process will see a greater number of grievances that are forwarded to the PSC finalised within a shorter period of time. Decisions taken and recommendations made are minuted and the outcomes are submitted to departments for consideration. Grievances are presented on a monthly basis and this includes all grievances submitted to the PSC's Provincial Offices. An overall positive impact will be evident from the PSC's next technical brief for the period 1 April 2013 to 30 September 2013.

OBJECTIVES OF THE FACT SHEET

The objectives of the Fact Sheet are to provide an overview of the resolution of grievances for the 2012/2013 FY -

?

as reported by National and Provincial Departments;

?

grievances referred to the PSC for investigation; and

?

grievances reported at municipal level for the sample of 18 municipalities.

COMPLIANCE WITH THE GRIEVANCE RULES, 2003

In the previous Fact Sheet on Grievance Resolution1, failure by Departments to submit their reports to the PSC on the number of grievances processed was highlighted as a concern. This is a challenge faced by the PSC every six months. Even though the PSC distributes a circular to all HoD's every six months, the Department of Women, Children and People with Disabilities and Military Veterans failed to submit their reports by the prescribed due date.

1. Republic of South Africa. Public Service Commission. Fact Sheet on Grievance Resolution 2011/1012

1

NUMBER OF GRIEVANCES LODGED IN THE PUBLIC SERVICE

There is a 3.6% increase in the number of grievances lodged for the 2012/2013 FY as compared to the 2011/2012 FY. National and Provincial Departments reported a total of 8683 grievances for the 2012/2013 FY, whereas 8323 grievances were reported for the 2011/2012 FY. Figure 1 below provides an overview of the number of grievances lodged for the 2007/08 to 2012/2013 FYs.

Of the total of 8683 grievances received, 3924 grievances emanated from National Departments and 4759 grievances from Provincial Departments. This constitutes 45% for National Departments and 55% for Provincial Departments.

Figure 1: Number of grievances lodged for the FYs 2007/08 to 2012/13

10000 9000 8000 7000

6802

6067

9829 7787

8323

8683

6000

5000

4000

3000

2000

1000

0 2007/08

2008/09

2009/10 2010/11 2011/12

2012/13

Figure 2: Number of grievances at national and provincial level

4759 (55%)

National

3924 (45%)

Provincial

COLLECTIVE GRIEVANCES

Grievance procedures of service Departments such as the South African Police Service (SAPS), make provision for employees to lodge collective grievances. However, a trend has developed in some Departments to report grievances that were lodged and dealt with collectively.

Figure 3 below shows the number of collective grievances reported for the 2012/13 FY by National and Provincial Departments. There has been a decrease from 163 to 160 for National Departments and an increase from 86 to 120 for Provincial Departments. Overall, collective grievances account for 3% of the total number of grievances.

2

Figure 3: Number of collective grievances

Western Cape Northern Cape

North West Mpumalanga

Limpopo KwaZulu-Natal

Gauteng Free State Eastern Cape

National

1 4 1 0 4 3 0 5 6 3

7 19

8 21 0

3

118 86

135 163

Total

0

100

200

12/13 11/12

280 307

300

400

NUMBER OF GRIEVANCES LODGED AT NATIONAL LEVEL

A total number of 3635 grievances were reported by National Departments for the 2011/2012 FY, compared to 3924 for the 2012/2013 FY. This point to an increase of 7.4%.

As can be seen from Table 1 below, the SAPS has the most grievances with the highest number reported, but there was a decrease this year compared to the previous FYs. A decrease in the number of grievances per FY can be observed and for the 2012/2013 FY, the number of grievances decreased by 7% from 1227 to 1141.

SAPS is followed by Correctional Services with the second highest number of 878 grievances reported, which is a decrease of 17.9% compared to 1070 reported in the 2011/2012 FY. The Department of Defence is third with a substantial increase of 62.6%, from 203 for 2011/2012 FY to 543 for 2012/2013 FY.

The Department of Justice and Constitutional Development (DoJCD) reported a small increase of 2.97%, from 294 for the 2011/2012 FY to 303 for the 2012/2013 FY. The Department of Public Works reported an increase of 57.14% from 60 for the 2011/2012 to 140 for the 2012/2013 FY.

Overall, of the 41 National Departments, 14 reported an increase in the number of grievances for the 2012/2013 FY, 19 repor ted a decrease, whereas 3 remained unchanged. The Depar tment of Military Veterans, Public Enterprises, Police,Traditional Affairs and Women, Children and People with Disabilities did not provide data for the 2012/2013 FY.

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Table 1: Number of grievances at national level for the 10/11 to 12/13 FYs

Depar tment

Agric, Forestry & Fisheries Arts & Culture Basic Education Communications Cooperative Governance Correctional Services Defence Energy Environmental Affairs GCIS Health Higher Education & Training Home Affairs Human Settlements IPID DIRCO DoJCD Labour Military Veterans Mineral Resources National Treasury OPSC PALAMA Public Enterprises DPSA Public Works DPME Rural Dev & Land Reform SAPS Science & Technology Department of Police Social Development Sport & Recreation SA Stats SA The Presidency Tourism Trade & Industry Transpor t Traditional Affairs Water Affairs Women, Children & PwD Total

2010/11

86 2 4 20 3 1811 30 5 4 2 24 13 105 23 14 156 291 66 Nil 22 3 3 9 14 7 68 Nil 50 1235 4 2 6 5 29 6 3 41 6 Nil 61 Nil 4233

No of grievances 2011/12

127 9 2 12 14 1070 203 10 23 1 33 13 61 7 7 33 294 138 1 19 11 5 7 2 9 60 1 29 1227 4 0 6 5 17 12 7 19 9 2 124 2 3635

4

2012/13

77 8 2 10 8 878 543 17 19 1 21 6 75 4 8 27 303 216 0 18 3 5 2 0 1 140 3 65 1141 3 0 28 2 25 13 10 18 10 0 65 0 3775

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