Public Service Commission March 2014 Fact Sheet on Grievance Resolution 2012/13
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Public Service CommissionMarch 2014
Fact Sheet on Grievance Resolution
2012/13
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 onGrievance Resolution
2012/13
Published in the Republic of South Africa by:
THE PUBLIC SERVICE COMMISSIONCommission House
Cnr. Hamilton & ZiervogelArcadia, 0083
Private Bag X121Pretoria, 0001
Tel: +27 12 352 1000Fax: +27 12 325 8382Email: [email protected]
Website: www.psc.gov.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 ServicesPrinted by: Milk Brown Designs and Communications
ISBN: 978-0-621-42588-8RP:86/2014
i
ii
Table of ContentsINTRODUCTION 1OBJECTIVES OF THE FACT SHEET 1COMPLIANCE WITH THE GRIEVANCE RULES, 2003 1NUMBER OF GRIEVANCES LODGED IN THE PUBLIC SERVICE 2COLLECTIVE GRIEVANCES 2NUMBER OF GRIEVANCES LODGED AT NATIONAL LEVEL 3NUMBER OF GRIEVANCES LODGED AT PROVINCIAL LEVEL 5
Eastern Cape Province 5Free State Province 6Gauteng Province 7KwaZulu-Natal Province 8Limpopo Province 9Mpumalanga Province 10Northern Cape Province 11North West Province 12Western Cape Province 13
STATUS OF THE RESOLUTION OF GRIEVANCES 14CAUSES OF GRIEVANCES 15RACE AND GENDER DISTRIBUTION OF AGGRIEVED 17EMPLOYEES DISTRIBUTION OF EMPLOYEES ACCORDING TO SALARY 19LEVELS GRIEVANCES REFERRED TO THE PSC 20
Status of grievances referred to the PSC 22Nature of the grievances referred to the PSC 23Race and gender distribution of grievances referred to the PSC 24
OVERVIEW OF GRIEVANCE RESOLUTION AT LOCAL 24GOVERNMENT LEVEL STATUS OF THE RESOLUTION OF GRIEVANCES IN LOCAL 26GOVERNMENT NATURE OF GRIEVANCES IN LOCAL GOVERNMENT 26CONCLUSION 28
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 -
• asreportedbyNationalandProvincialDepartments;• grievancesreferredtothePSCforinvestigation;and• grievancesreportedatmunicipallevelforthesampleof18 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
1. Republic of South Africa. Public Service Commission. Fact Sheet on Grievance Resolution 2011/1012
2
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.
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.
3924(45%)
4759(55%)
National Provincial
Figure 2: Number of grievances at national and provincial level
10000
20003000400050006000700080009000
10000
2007
/08
2008
/09
2009
/10
2010
/11
2011
/12
2012
/13
Figure 1: Number of grievances lodged for theFYs 2007/08 to 2012/13
68026067
7787
9829
83238683
3
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 reported a decrease, whereas 3 remained unchanged. The Department of Military Veterans, Public Enterprises, Police, Traditional Affairs and Women, Children and People with Disabilities did not provide data for the 2012/2013 FY.
0 100 200 300 400
1
14
40
056
37
19118
868
2103
135163
280307
3
Figure 3: Number of collective grievances
Western Cape
North West
Northern Cape
Mpumalanga
Limpopo
KwaZulu-Natal
Gauteng
Free State
Eastern Cape
National
Total
11/12
12/13
4
Department No of grievances
2010/11 2011/12 2012/13Agric, Forestry & Fisheries 86 127 77
Arts & Culture 2 9 8
Basic Education 4 2 2
Communications 20 12 10
Cooperative Governance 3 14 8
Correctional Services 1811 1070 878
Defence 30 203 543
Energy 5 10 17
Environmental Affairs 4 23 19
GCIS 2 1 1
Health 24 33 21
Higher Education & Training 13 13 6
Home Affairs 105 61 75
Human Settlements 23 7 4
IPID 14 7 8
DIRCO 156 33 27
DoJCD 291 294 303
Labour 66 138 216
Military Veterans Nil 1 0
Mineral Resources 22 19 18
National Treasury 3 11 3
OPSC 3 5 5
PALAMA 9 7 2
Public Enterprises 14 2 0
DPSA 7 9 1
Public Works 68 60 140
DPME Nil 1 3
Rural Dev & Land Reform 50 29 65
SAPS 1235 1227 1141
Science & Technology 4 4 3
Department of Police 2 0 0
Social Development 6 6 28
Sport & Recreation SA 5 5 2
Stats SA 29 17 25
The Presidency 6 12 13
Tourism 3 7 10
Trade & Industry 41 19 18
Transport 6 9 10
Traditional Affairs Nil 2 0
Water Affairs 61 124 65
Women, Children & PwD Nil 2 0
Total 4233 3635 3775
Table 1: Number of grievances at national level for the 10/11 to 12/13 FYs
5
NUMBER OF GRIEVANCES LODGED AT PROVINCIAL LEVEL
All provincial departments that submitted reports to the PSC collectively had 4614 grievances for the 2012/2013 FY. It is an increase of 1.49% from 4688 for the 2011/2012 FY to 4759 for the 2012/2013 FY.
Figure 4 below provides an overview in respect of the number of grievances reported per Province for the FYs 2011/2012 and 2012/2013. These figures exclude 145 of the total number of collective grievances. Gauteng Province had the highest number of grievances, an increase from 887 in 2011/2012 to 1204 for the 2012/2013 FY. North West and Northern Cape had the lowest number of grievances, reporting less than 202 grievances for the 2012/2013 FY.
Eastern Cape Province
Of the 13 Departments that reported on their grievances for 2012/2013 FY, 7 Departments showed an increase in the number of grievances whereas 6 Departments reported a decrease.
Figure 5 below displays the number of grievances reported per Department. A striking observation is made when one looks at the figures for the Department of Local Government and Traditional Affairs, which shows a decrease from 431 to 166, which is 61.48%. There is also a sharp decrease in the number of grievances reported for the Department of Transport from 42 to 13 grievances, which represents a 69% reduction. In contrast, the Department of Economic Development and
754
Easte
rn C
ape
Free
Sta
te
Gau
teng
KwaZ
ulu-N
atal
Limpo
poM
pum
alang
aN
orth
ern
Cape
Nor
th W
est
Wes
tern
Cap
e
11/12 12/13
0
200
400
600
800
1000
1200
1400
Figure 4: Number of grievances on provincial level for the 11/12 and 12/13 FYs
492 432 379
887 854
449
582
470
895
387
118 108165201
406519
1204
6
Environmental Affairs reported a marked increase from 9 to 24, which depict an increase of 62.5%. Overall, it is encouraging to note that the number of reported grievances for the 2012/2013 FY points to a notable decrease from 754 to 492, which is 34.74%.
Free State Province
As shown in Figure 6, for the 2012/2013 FY, 12 Departments reported on their grievances, out of which, 8 showed a decrease and 4 pointed to an increase. On the other hand, the Department of Police, Roads and Transport showed an increase of 31.84% from 37 to 54 grievances. Overall, a decrease by 12.26% in the number of grievances from 432 to 379 is to be commended.
Transport
Sport, Recr, Arts & Culture
Social Development
Safety & Liaison
Roads & Public Works
Prov Treasury
Office of the Premier
Local Gov & Traditional Affairs
Human Settlements
Health
Education
Economic Dev & Environ Affairs
Agriculture & Rural Development
0 50 100 150 200 250 300 350 400 450
12/13 11/12
1342
209
2231
04
5247
126
28
163
8578
7178
24998
166431
Figure 5: Number of grievances: Eastern Cape
7
Gauteng Province
Figure 7 below provides an overview of the number of grievances reported in the Gauteng Province. A phenomenal increase of 26.20% in the total number of grievances from 887 to 1202 for 2012/2013 FY was noted. The Department of Health and Social Development reported a staggering increase of 59.75% in the number of grievances reported for 2012/2013 FY, up to 482 from 194 in the previous financial year.
The Department of Infrastructure Development reported a 50% increase from 16 to 32 grievances. The Department of Local Government and Housing reported a 90% increase from 2 to 20 grievances during the 2012/2013 FY. Similarly the Office of the Premier reported an increase of 44.44% from 5 to 9 grievances. It is however, encouraging to note that the Department of Finance reported a 50% decrease in the number of grievances from 34 to 17 grievances.
Treasury
Sport, Arts, Culture & Recreation
Social Development
Public Works
Police, Roads & Transport
Office of the Premier
Human Settlements
Health
Education
Econ Dev, Tourism &Environ Affairs
Cooperative Gov & Human...
Agriculture & Rural Dev
0 50 100 150 200 250
408
350
618
5437
47
26
13
190241
193234
24
145
58
Figure 6: Number of grievances: Free State
12/13 11/12
8
KwaZulu-Natal Province
There is a tremendous increase in the total number of grievances reported for the 2012/2013 FY in KZN in that the grievances rose from 449 to 854 (47.42%).
Glaring increases can be observed from the Departments of Public Works, (from 15 to 118 - 87.28%), Transport, (from 21 to 109 - 80.73%), and Co-operative Governance and Traditional Affairs, (from 28 to 119 - 76.47%).
In contrast, the Department of Economic Development reported a decrease of 83.33% from 6 to 1 grievance for the same period. Similarly, the Department of Agriculture, Environmental Affairs and Rural Development decreased from 63 to 34 (46.03%).
Sport, Arts, Culture & Recreation
Office of the Premier
Local Gov & Housing
Infrastructure Dev
Health & Social Dev
Finance
Econ Dev, Environ & Tourism
Community Safety
Agric & Rural Development
Roads & Transport
Education
1000 200 300 400 500 600
11/1212/13
115
5365
95
20
3216
17194
482
545530
27
2315814
34
2
Figure 7: Number of grievances: Gauteng
9
Limpopo Province
The Limpopo Province demonstrated a decrease of 19.24% in the number of grievances reported, from 582 to 470. Figure 9 below displays a comparison of grievances reported per Department in Limpopo Province.
The Department of Roads and Transport showed a substantial decrease of 54.80%, ie from 104 to 47. This decrease is followed by the Department of Public Works which reported a decrease of 42.44%, from 139 to 80.
The Departments of Co-operative Governance, Human Settlements and Traditional Affairs reported a decrease of 66.66% from 51 to 17 cases. On the other hand, the Department of Treasury reported a drastic increase of 90.9% from 1 to 11 grievances.
Sport & Recreation
Social Development
Public Works
Office of the Premier
Human Settlements
Health
Transport
Treasury
Econ Dev
Community Safety & Liason
Agric, Environ Affairs & Rural Dev
Co-operative Gov & Trad Affairs
Education
Arts and Culture
500 100 150 200 250 300 350
11/1212/13
66
10921
145
2817
118
308248
155
80
16
91
11928
2511
3463
1
32
2
Figure 8: Number of grievances: KwaZulu-Natal
10
Mpumalanga Province
In contrast to the previous FY, the Mpumalanga Departments reported a striking decrease of 56.75% from 895 to 387 for the 2012/2013 FY. Figure 10 below sets out figures reported per Department within Mpumalanga Province. As can be seen, the Department of Education reported a decrease of 67.68% from 622 to 201. This is clearly encouraging. However, it must be noted the difference is highly unlikely as it could be attributed to incomplete reporting. It would be interesting to see what the figures are in the next financial year.
A decrease of 90% from 30 to 3 grievances for 2012/2013 FY was reported by the Human Settlements Department, followed by a decrease of 63.9% from 86 to 31 in the Department of Agriculture, Rural Development and Land Administration. The Department of Community Safety, Security and Liaison reported an increase of 71.42%, from 10 to 35 grievances for the 2012/2013 FY.
Sport, Arts and Culture
Social Development
Public Works
Office of the Premier
Local Gov & Housing
Health & Social Development
Roads & Transport
Treasury
Econ Dev, Environ & Tourism
Safety, Security & Liaison
Co-operative Gov, Human Settlements ...
Education
Agriculture
500 100 150
11/1212/13
Figure 9: Number of grievances: Limpopo
111
2314
43
47
80104
13911
37
6274
5838
238
1751
128106
0
76
11
Northern Cape Province
An overall decrease of 10.74%, from 121 to 108 for the 2012/2013 FY for the Northern Cape Province was reported. The Department of Education showed an increase of 67.64% from 11 to 34 grievances. Figure 11 below is a graphical representation of grievances reported by Departments in the Northern Cape Province.
As can be seen, the Depar tment of Social Development showed a decrease of 66.66% followed by the Depar tment of Roads and Public Works, which declined from 29 to 14 (51.72%). The Depar tment of Transpor t, Safely and Liaison had a decrease of 25.92%.
Social Development
Public Works, Roads & Transport
Office of the Premier
Human Settlements
Co-operative Gov & Trad Affairs
Health
Finance
Econ Dev, Environ & Tourism
Culture, Sport & Recreation
Com Safety, Security & Liaison
Agric, Rural Dev & Land Admin
Education
1000 200 300 400 500 600 700
11/1212/13
38
279012
330
6786
2
9
11820
3510
3186
9
201622
2
Figure 10: Number of grievances: Mpumalanga
12
North West Province
Figure 12 below shows a slight increase in the number of grievances reported for the 2012/2013 FY by 10.94% i.e. from 179 to 201.
The highest number with 40.62% is reported in the Department of Health. It rose from 38 to 64 in the 2012/2013 FY. The Department of Education dropped the most by 51.72% from 29 to 14. The notable observation is that the Department of Public Safety and Liaison dropped from 44 in the 2010/2011 FY to 0 in 2011/2012 FY and 0 reported for the 2012/2013 FY.
Roads & Public Works
Corp Gov, HS & TA
Agric & Land Reform
Transport, Safety & Liaison
Sports, Arts & Culture
Education
Treasury
Environ & Conservation
Social Development
Office of the Premier
Health
Finance, Econ Dev & Tourism
50 10 15 20 25 30 35
11/1212/13
01
2027
31
455 15
293
43 10
158
111
36
7
34
14
Figure 11: Number of grievances: Northern Cape
13
Western Cape Province
Overall, as can be seen from Figure 13 below an increase in the number of grievances for 2012/2013 FY was reported. This accounts for 21.77%, which is from 406 to 519. The Department of Social Development leads with an increase of 90.36%, from 8 grievances in the 2011/2012 FY to 83 for the 2012/2013 FY.
The Department of Health remains the highest overall and has increased by 4% for the 2012/2013 FY. This is discouraging to note as the Department has failed to reduce the number of grievances lodged as compared to other Departments in the province.
Treasury
Sport, Arts & Culture
Social Development
Public Works, Roads & Transport
Public Safety & Liaison
Office of the Premier
Human Settlements
Health
Education
Econ Dev, Environ & Tourism
Local Gov & Trad Affairs
Agric & Rural Dev
100 20 30 40 50 60 70
11/1212/13
36
107
3523
1912
002
111101110
3814
29911
2332
64
Figure 12: Number of grievances: North West
14
STATUS OF THE RESOLUTION OF GRIEVANCES
Figure 14 below displays the status of grievances within the Public Service. Departments reported that 4287 grievances were resolved in the 2012/2013 FY. This is a decline of 5.59% as compared to 4541 in the 2011/2012 FY. The number of pending grievances also points to an increase of 0.71%, which was 3727 in the 2011/2012 FY and now 3754. The PSC is of the view that Departments should endeavour to finalise more grievances within the FY in order to avoid cases being carried over into the next FY.
As indicated earlier in this report, a total of 8683, plus 280 (collective grievances) were reported for the 2012/2013 FY. Of the 8683 grievances reported, only 4287 were resolved. This works out to a finalisation rate of 50.62%. It is important to note that this rate cannot be compartmentalised per FY, and grievances may be carried over to the next FY. However, it would be a great achievement for Departments to aim for at least a 80% finalisation rate.
Human Settlements
Social Development
Envirn Affairs & Dev Planning
Office of the Premier
Community Satety
Health
Transport & Public Works
Treasury
Econ Dev & Tourism
Local Gov
Cultural Affairs & Sport
Education
Agriculture
500 100 150 200 250 300
11/1212/13
24
1723
838117
3578
272261
23
6347
10
2515
20111314
Figure 13: Number of grievances: Western Cape
15
CAUSES OF GRIEVANCES
As in the previous reporting period, dissatisfaction relating to performance assessment is the most prevalent, with 2094 grievances reported. In comparison with the previous financial year, the number of grievances in this regard decreased by 24.4%. Grievances relating to unfair treatment, rated the second highest with 1918 cases reported, which is an increase of 28.42%. Dissatisfaction relating to salary problems rates the 3rd highest and has increased by 5.53%.
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Number ofgrievancesfinalised
Number ofgrievances pending
Number ofgrievanceswithdrawn
12/1311/12
45414287
3727 3754
55 51
Figure 14: Status of grievances
16
Figure 16 below provides a further breakdown in respect of grievances relating to performance assessment and salary problems per province.
As can be seen, the KZN Province reported the highest number of grievances with 291, relating to salary problems, followed by the Limpopo Province with 185 cases. The Gauteng Province reported the highest number of grievances relating to performance assessment with 209, followed by the Eastern Cape Province with 225 cases. Provinces such as North West and Northern Cape have the least number of grievance cases in both areas.
Not listed
Unfair treatment
Performance assessment
Salary problems
Disciplinary matter
Application approval
Undermining of authority
Filling of post
10000 2000 3000
12/1311/12
5
19181373
2094
17261827
170141
12401098
32
14561156
2770
Figure 15: Causes of grievances
27
17
RACE AND GENDER DISTRIBUTION OF AGGRIEVED EMPLOYEES
Figure 17 below provides a statistical overview of the distribution in respect of the race of aggrieved employees reported by Departments.
In comparison with the 2011/2012 FY, the number of grievances lodged by Indian employees has increased by 39.89%, from 220 to 366. Grievances lodged by coloured employees have increased by 6.23% from 932 to 994.
The number of grievances lodged by white employees increased by 3.31%, from 1256 to 1299. This is followed by grievances lodged by African employees, which decreased by 2.43% from 5869 to 5726. Race is not indicated in 178 grievance cases.
1000 200 300 400 500 600 700 800 900 1000
Performance assessment Salary problems
Western Cape
North West
Northern Cape
Mpumalanga
Limpopo
KwaZulu-Natal
Gauteng
Free State
Eastern Cape
National
17190
5352
1835
146
145
95185
291
209133
59108
225
919697
94
77
Figure 16: Number of grievances relating to performance assessment and salary problems
18
Figure 18 below provides the gender distribution of aggrieved employees. The number of grievances lodged by male employees increased by 1.21% from 4393 to 4447. Female employees lodged 3910 grievances which is an increase of 7.41% compared to the 3620 grievances lodged during the 2011/2012 FY.
10000 2000 3000 4000 5000 600011/1212/13
Unknown
White
Indian
Coloured
African
17846
12991256
366220
994
932
57265869
Figure 17: Race distribution
5000 1000 1500 2000 2500 3000 3500 4000 45000
11/1212/13
Unknow
nFem
aleM
ale326
310
3910
3620
4393
4447
Figure 18: Gender distribution
19
There was a slight decrease, from 326 to 310, in the number of grievance cases where information on the gender breakdown is not provided.
DISTRIBUTION OF EMPLOYEES ACCORDING TO SALARY LEVELS
An overview of the number of aggrieved employees per salary level for the 2011/2012 and 2012/2013 financial years is provided in Figure 19 below. The categories for salary levels are: Levels 1-8, Levels 9-10, Levels 11-12 and Levels 13-15.
It is noted that the number of grievances in respect of aggrieved employees on salary levels 1-8 decreased by 2.57% from 6024 to 5869. In respect of aggrieved employees on salary level 9-10 an increase of 4.06% from 1039 to 1083 was reported. At the middle management level (salary level 11-12) an increase of 12.77% from 444 to 509 was reported.
On salary levels 13-15, the number of aggrieved employees increased from 103 to 120 (14.16%). However, this picture may be skewed since former SMS members that were translated in terms of the Occupation Specific Dispensation (OSD) now fall in salary levels below SMS level.
0 2000 60004000 8000
11/1212/13
Unknown
13-15
11-12
9-10
1-8
982
713
120
103
509
444
10831039
5869
6024
Figure 19: Salary levels of aggrieved employers
20
The trend in respect of the different levels of employees, however, remains more or less similar when compared to the previous FYs. In some instances, especially where the salary level is unknown, there was a 27.39% increase, from 713 to 982.
GRIEVANCES REFERRED TO THE PSC
The PSC is the only constitutional organisation that has a mandate in terms of section 194(4)(f)(ii) of the Constitution, 1996, to investigate grievances of employees in the Public Service, and make appropriate recommendations to Executive Authorities (EA). In terms of section 35(3) of the Public Service Act, 1994 (as amended), the HoD may lodge his/her grievance with the PSC directly.
Furthermore, in terms of the provisions of the Grievance Rules, 20032, as well as the Rules for dealing with grievances of SMS members, 20103, a grievance can be referred to the PSC in two instances, firstly after the internal process has been exhausted in which case, the EA refers the matter to the PSC and secondly where an aggrieved employee refers the grievance to the PSC because the Department failed to deal with the grievance within the prescribed time frame.
2 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.
3 Republic of South Africa. Public Service Commission. Rules for dealing with the grievances of members of the SMS in the Public Service. Published in Government Gazette No 33540 dated 17 September 2010.
0
100
200
300
400
500
600
700
800
2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13
641597
654614
572
673
727
Figure 20: Grievances referred to the PSC
21
Figure 20 above provides an overview in respect of the grievances captured on the database of the PSC from the 2006/07 FY to the 2012/13 FY. As can be seen, the number of grievances on the database of the PSC has increased by 7.42% from 673 grievances for the 2011/2012 FY to 727 grievances for the 2012/13 FY. The increase in the number of grievances can be ascribed to the fact that the PSC now investigates grievances referred to it by aggrieved employees in cases where departments failed to comply with the prescribed timeframes in which grievances should be resolved.
The number of grievances referred to the PSC, has increased by 7.92% in respect of National Departments. In respect of Provinces, the Limpopo Province referred the highest number of grievances for the 2012/2013 FY (110) which was an increase of 40.9% compared to the 2011/2012 FY. The Western Cape Province follows with 45 grievances for the 2012/2013 FY, which is a decrease of 6.25%. The Gauteng Province also had a decrease of 28.26% in the number of grievances referred to the PSC for the 2012/2013 FY.
The number of grievances from the Eastern Cape, KwaZulu-Natal and North West Provinces all decreased from the previous FY. The increase in respect of the Mpumalanga Province stands at 33.3% and Northern Cape at 7.84%.
Figure 21 below provides a breakdown in respect of the number of grievances for national Departments and provincial administrations referred to the PSC for the past two FYs.
Western Cape
North West
Northern Cape
Mpumalanga
Limpopo
KwaZulu-Natal
Gauteng
Free State
Eastern Cape
National
0 100 300200 400
11/1212/13
4548
3227
5147
366337
11065
29
128
3333
46713
4249
Figure 21: Grievances referred to the PSC per national departments and provinces
22
National departments referred the highest number of cases to the PSC for both FYs. The number of cases increased by 7.9%, from 337 for the 2011/12 FY to 366 for the 2012/13 FY.
At the provincial level, Limpopo referred the highest number of cases for both financial years, with an increase of 41% from 65 to 110 cases. There was a slight decrease in the number of cases referred by the Western Cape, KwaZulu-Natal, Gauteng, Free State and Eastern Cape Provinces.
Status of grievances referred to the PSC
An aggrieved employee may, in terms of Rule F.11 of the Grievance Rules, 20034, lodge his/her grievance(s) with the PSC directly, if the Department fails to resolve it within the prescribed 30 day time frame in terms of which a grievance must be investigated by the Department.
Rule 6(j) of the Rules for dealing with the grievances of members of the SMS in the Public Service5, determines that, if there is failure on the part of the department to respond to the grievance within a period of 45 days, the SMS member, after having directed an inquiry to the Designated Employee, and not having been provided with a response after 5 days, may lodge his/her grievance with the PSC directly.
Figure 22 below provides an overview in respect of the status of grievances referred to the PSC for the 2012/13 FY.
4 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.
5 Republic of South Africa. Public Service Commission. Rules for dealing with the grievances of members of the SMS in the Public Service. Published in Government Gazette No 33540 dated 17 September 2010.
0
50
100
150
200
250
300
350
Finalised Closed PendingLodged outside theGrievance Rules
125
32
220
350Figure 22: Status of grievances referred to the PSC for the 2012/13 FY
23
As can be seen, the PSC finalised 125 cases. Compared to last year there has been a decline in the finalisation of grievances from 149 to 125. In 32 cases, the aggrieved employees did not comply with the prescribed grievance procedure in that they did not lodge their grievances with their Departments prior to referring the matters to the PSC. There has been an increase in the total number of cases closed from 183 to 220. 350 cases remained pending, due to amongst others, insufficient documentation to investigate the matters.
Nature of the Grievances Referred to the PSC
Contrary to the reporting by National and Provincial Departments indicated above, where the highest number of grievances related to performance assessment, Figure 23 below indicates that salary related issues rated the highest (270), which is an increase of 16.29% from the 2011/2012 FY (226). This is followed by grievances relating to unfair treatment (152), an increase of 7.89% from 140 to 152.
Grievances relating to performance assessment have decreased from 167 cases to 134 cases. Most of the grievances falling in this category emanate from the employment relationship, which may be an indication that Departments should give more attention to issues falling within diversity management.
TOTAL
Unknown
Disciplinary matter
Application approval
Unfair treatment
Performance assessment
Salary problems
Undermining of authority
Filling of post
0 100 300 400 500 600 700200 800
11/1212/13
727673
20
1311
48
41152
140134
167
270
226
22
106
86
Figure 23: Nature of grievances
Race and Gender Distribution of Grievances Referred to the PSC
From the total of 727 grievances received, 492 (68%) grievances were lodged by Africans, 67 (9%) grievances were lodged by Coloured people, 72 (10%) by Whites and 27 (4%) grievances were lodged by Indians.
The race of the remaining 69 (9%) grievances could not be determined due to incomplete information provided by Departments.
Figure 25 provides a further breakdown in respect of the gender distribution of aggrieved employees. As can be seen, 60% of the grievances referred to the PSC, comprised of male employees. This is 11.66% more than the 2011/2012 FY.
For the 2012/2013 FY, grievances referred by female employees are 2% less than the previous reporting period (38%). In 2% (13) of the cases, information relating to the gender of the employees was not provided.
OVERVIEW OF GRIEVANCE RESOLUTION AT LOCAL GOVERNMENT LEVEL
During the 2012/13 FY, the 18 municipalities listed in Table 2 were requested to provide grievance resolution statistics for the period of July 2012 to June 2013 in line with financial year for local government. All 18 municipalities cooperated.
Municipalities were provided with a template provided by the PSC which lists the various categories of grievances in an effort to promote uniformity for reporting purposes.
24
African68%
White10%
Coloured9%
Indian4%
Not indicated9%
Figure 24: Race distribution of aggrieved employees
Not indicated2%
Female38%
Male60%
Figure 25: Gender distribution of aggrieved employees
Table 2: Municipalities requested to provide statistical information in respect of grievance resolution
MUNICIPALITY CATEGORY OF MUNICIPALITY PROVINCE
Ekurhuleni Metropolitan Gauteng
Mogale City Local Gauteng
Nelson Mandela Metropolitan Eastern Cape
Ndlambe Local Eastern Cape
eThekwini Metropolitan KwaZulu-Natal
Msunduzi District KwaZulu-Natal
Mangaung Metropolitan Free State
Dihlabeng Local Free State
Dr Kenneth Kaunda District North West
Moses Kotane Local North West
Capricorn District Limpopo
Bela-bela Local Limpopo
Nkangala District Mpumalanga
Mbombela Local Mpumalanga
Francis Baard District Northern Cape
Sol Plaatjie Local Northern Cape
City of Cape Town Metropolitan Western Cape
George Local Western Cape
During telephonic discussions and communication via electronic mail, employees dealing with grievances in municipalities were advised to adjust their method of reporting to comply with the way in which the PSC reports on grievances. The employees were informed that since the request for information would be on an on-going basis, it was best to make adjustments from now going forward.
Figure 26 below provides an overview of the number of grievances reported by all 18 sampled municipalities. As with the 2011/2012 FY, eThekwini Metropolitan in the KZN Province reported the highest number of grievances from 395 to 556, which constitute a 28.95% increase. The second highest number of grievances was reported by Msunduzi District Municipality (83) in KZN followed by Nelson Mandela Metropolitan in the Eastern Cape Province with 39 grievances. Ekhurhuleni Metropolitan in Gauteng Province followed with 23 reported grievances.
25
STATUS OF THE RESOLUTION OF GRIEVANCES IN LOCAL GOVERNMENT
From the statistics provided, Msunduzi reported a resolution rate of 24%, i.e. of the 83 cases, 20 cases were resolved. Nelson Mandela resolved 12 out of 39 grievances (30.76%), and finalised 10 out of 39 (25.65%). This can be interpreted to mean that a total of 22 out of 39 grievances were successfully handled, ie 56.4%. Of interest, Mogale City local municipality in Gauteng province reported 14 grievances. However, 11 withdrew their grievances, 2 were finalised and a collective grievance that consisted of 14 employees was dismissed at the SA Local Government Bargaining Council (SALGBC) due to a lack of jurisdiction and poor prospects of success.
NATURE OF GRIEVANCES IN LOCAL GOVERNMENT
Grievances were grouped into seven categories in order to identify the most common features. Table 3 below provides an overview of the types of grievances found in each of the 18 municipalities.
26
City of Cape Town
George
Sol Plaatjie
Francis BaardMbombela
NkangalaBela Bela
CapricornMoses Kotane
Dr Kenneth KaundaDihlabengMangaung
MsunduzieThekwini
NdlambeNelson Mandela
Mogale CityEkurhuleni
Mun
icip
ality
0 100 200 300 500 600400
Number
17
3111
65300
171203
83
556
1939
1423
Figure 26: Grievances per municipalities
Table 3: Nature of grievances in local government
27
Municipality Nature of grievances
Ekurhuleni 0 0 4 1 3 0 15 0 23
Mogale City 0 0 0 0 2 0 12 0 14
Nelson Mandela 3 0 2 5 12 0 17 0 39
Ndlambe 1 1 1 5 6 4 1 0 19
eThekwini 46 0 72 34 87 0 212 105 556
Msunduzi 3 0 10 2 38 11 18 1 83
Mangaung 0 0 0 2 0 0 1 0 3
Dihlabeng 0 0 0 0 0 0 0 0 0
Dr Kenneth Kaunda 0 0 0 0 4 0 8 0 12
Moses Kotane 2 0 0 0 1 0 14 0 17
Capricorn 0 0 0 0 0 0 0 0 0
Bela Bela 0 0 0 0 0 0 0 0 0
Nkangala 0 0 0 0 0 0 3 0 3
Mbombela 3 0 0 0 0 0 2 0 5
Francis Baard 0 0 0 5 1 0 0 0 6
Sol Plaatjie 2 0 1 2 0 0 6 0 11
City of Cape Town 0 0 3 0 0 0 17 11 31
George 0 0 0 2 1 0 14 0 17
Fillin
g of
pos
ts
Und
erm
inin
g of
aut
horit
y
Refu
sal t
o ap
prov
e ap
plic
atio
n
Disc
iplin
ary
mat
ter
Sala
ry p
robl
ems
Perfo
rman
ce a
sses
smen
t
Unf
air
trea
tmen
t
Not
list
ed/u
nkno
wn
Tota
l
A total of 839 grievances were reported by the 18 sampled municipalities for the 2012/2013 FY. Of the 839, 340 grievances fell in the category of unfair treatment, which accounts for 40.52%. This is followed by 155 for grievances relating to salary problems (18.47%), 117 make up grievances of an unlisted nature (13.94%), 93 related to refusal to approve application (11.08%), 63 related to grievances stemming from disciplinary matters (7.50%), 60 related to filling of posts (7.15%), 15 related to performance assessment (1.78%), and one related to undermining of authority (0.11%).
The fact sheet of 2011/2012 FY reported that the perception of “unfairness” by the aggrieved was a consistent feature that needed to be explored in future. In this reporting period, unfair treatment
made up the bulk of grievances ie 40.52%. It is suggested that the reasons for unfair treatment should be specified in order for a clear analysis to be made.
CONCLUSION
From this report it is evident that Departments have a propensity not to resolve grievances within the prescribed time frames. The same cannot be said in relation to the municipalities as more research and data would be required to derive such a conclusion. Municipalities have their own grievance procedures and not all sampled municipalities provided the status of their grievances. However, the requirement for compliance with timeframes must be echoed until improvement is made. Departments must avoid grievances from aggrieved employees relating to failure by Departments to comply with their own grievance procedures.
A comparison of findings from the current report and the previous financial years’ report confirms that the majority of grievances at the national and provincial levels still relate to performance management issues and salary problems. The PSC is however in the process of addressing performance management through engagements with national and provincial government departments.
The PSC will continue to monitor trends and investigate grievances in the Public Service. The findings will help to identify further areas for in-depth research and support interventions.
28
29
Notes
30
Notes
31
Eastern Cape91 Alexandra RoadKing William’s Town5601
Tel: (043) 643-4704fax: (043) 642-1371
GautengTen Sixty-Six Building16th Floor, 35 Pritchard StreetJohannesburg2001
Tel: (011) 833-5721Fax: (011) 834- 1200
LimpopoKirk Patrick Building40 Schoeman StreetPolokwane0699
Tel: (015) 291-4783Fax: (015) 291-4683
North WestMmabatho Post Office BuildingGround Floor, University DriveMmabatho2735
Tel: (018) 384-1000Fax: (018) 384-1012
Parliamentary OfficeSanlam Golden Acre Building21st Floor, Adderley StreetCape Town8001
Tel: (021) 418-4940Fax: (021) 418-1362
Free State62 Fedsure Building3rd Floor, St Andrew StreetBloemfontein9301
Tel: (051) 448-8696Fax: (051) 448- 4135
KwaZulu-NataliDUBE BuildingGround Floor, 249 Burger StreetPietermaritzburg3201
Tel: (033) 345-9998Fax: (033) 345-8505
Mpumalanga19 Russel StreetNelspruit1200
Tel: (013) 755-4070Fax: (013) 752-5814
Northern CapeWoolworths Building1st Floor, Cnr Chapel & Lennox StreetsKimberley8301
Tel: (053) 832-6222Fax: (053) 832-6225
Western CapeSanlam Golden Acre Building21st Floor, Adderley StreetCape Town8001
Tel: (021) 421-3980Fax: (021) 421-4060
PUCLIC SERVICE COMMISSION PROVINCIAL OFFICES
Republic of South Africa
Public Service Commission
Tel: +27 12 352-1000Fax: +27 12 325-8382Website: www.psc.gov.za
National Anti-Corruption Hotline for the Public Service:0800 701 701 [Toll-Free]
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