PRESENTATION ON THE NEW INDIVIDUAL GRIEVANCES PROCEDURE AIM To Present the New Grievances Procedure to members of the PCDMV. SCOPE • • • • • • • • Introduction. Features of the new Grievances Procedure. The Individual Grievances Process. Steps to be followed to lodge a grievance. Non-compliance. Communication. Training on the Grievance IT System. Conclusion. INTRODUCTION • The New Grievance Procedure was approved the on 8 June 2010 by the Minister of Defence and Military Veterans • The Regulations for the grievance procedure were promulgated on 30 June 2010 in Government Gazette No 33334. and were implemented in the Department with effect from 1 July 2010 FEATURES OF THE NEW GRIEVANCES PROCEDURE • Electronically supported, • Simple and easy to use, • Accountability of role players is visible, • Driven by the aggrieved, • The CSANDF and Sec Def have visibility on grievances lodged at all levels FEATURES OF THE NEW GRIEVANCES PROCEDURE (CONTD) • Structures supporting the Grievance process: – Grievance Committees (At all Services and Divisions) – Grievance Board (At Corporate level) INDIVIDUAL GRIEVANCES PROCESS GRIEVANCE LODGED WITH OC OC ENDEAVOURS TO FINALISE GRIEVANCE AGGRIEVED MAY FORWARD MATTER TO DESIGNATED ENTITIES WITHIN SERVICE / DIVISION TO BE FINALISED DESIGNATED ENTITIES ENDEAVOUR TO RESOLVE FINALISE GRIEVANCE AGGRIEVED MAY FORWARD MATTER TO DOD GRIEVANCE BOARD TO BE RESOLVED/ FINALISED DOD BOARD FINALISES GRIEVANCE OBO OF MOD/ SEC DEF/CSANDF 30 DAYS 30 DAYS 30 DAYS PHASE 1 PHASE 2 PHASE 3 STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE • A grievance must be lodged within 90 days of the act or omission. • It must be lodged in writing. • It must be lodged by the aggrieved in person. • Grievance clerk to make sure the grievance is officially registered on the system. • If a grievance is not lodged in terms of timeframes stipulated in the Regulations, it will be returned to the individual or the institution for non-compliance with the Regulations. STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE (Cont.) •Once the OC/Manager becomes aware of the grievance, she/he will determine Relevant Facts to the grievance. •Investigate the grievance (Obtain statements from all concerned - where necessary), •OC/Manager should assess the facts and compare it to the regulatory framework, STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE (Cont.) – Once the investigation is finalised OC/Manager should notify the aggrieved of the outcome within 30 days. – If aggrieved is not satisfied with outcome, she/he may refer it to the Formation. – If aggrieved is still not satisfied with outcome of investigation, the grievance will be referred to Chief of Service or Divisional Head. STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE (Cont.) • The Service Chief will attempt to resolve the grievance through his established “Grievance Committee”. • The designated officer within the Grievance Committee must assess all the facts and compare it to the regulatory framework, • Present the grievance to the committee, • Notify the aggrieved of the committee’s decision within 30 days. STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE (Cont.) • If the aggrieved is not satisfied with the outcome of the Grievance Committee, she/he may refer the grievance to the “Grievance Board” within five (5) working days. • The “Grievance Board” is the final stage of the process within the DOD. STEPS TO BE FOLLOWED TO LODGE A GRIEVANCE (Cont.) • The DOD Grievance Board is mandated and appointed to act on behalf of the DOD as employer, • Also mandated to consider condonation for late lodging of Grievances, • Each grievance will be allocated to a case manager (Secretariat) to investigate, prepare and present the grievance for a FINAL decision at the DOD Grievance Board. NON-COMPLIANCE – Defence Act Section 104(17): “Any person who undermines or stifles, or seeks to undermine or stifle, any procedure for the redress of grievances, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.” NON-COMPLIANCE (Cont.) Enforcement measures • Defence Act Section 104(15): “Any member or employee of the Department who, in a wilful or negligent manner, contravenes or fails to comply with any regulation made under this Act, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding one year.” NON-COMPLIANCE (CONTD) • Disciplinary action shall be taken against perpetrators. • Non-compliance with Regulations and Instruction to be reported to the Secretariat of the Grievance Board via fax at 012 355 5333 (SSN: 810). NON-COMPLIANCE • Regulation 8 - an aggrieved may not be victimised or prejudiced, directly or indirectly, as a result of lodging a grievance. COMMUNICATION The Individual Grievances Regulations document is available on the DOD Policy website. The Interim Implementation Instruction on the Individual Grievances Regulations was issued jointly by C SANDF and Sec Def on 8 Jul 10 and is available on the HR website. COMMUNICATION (Cont.) The Regulations were communicated as follows: • The Tshwaraganang Campaign including posters depicting the process were distributed. • Information Bulletins. • Articles in the SA Soldier and The Reserve Force Volunteer magazines. • Regional briefings were conducted over the period 27 Jul – 31 Aug 10 where Service and Division representatives were informed of the new process. TRAINING ON THE GRIEVANCE IT SYSTEM • Formal training of all users of this system is being conducted by representatives from Services and Divisions who have been trained on the Grievance IT System by SITA. • The Secretariat to the Grievance Board established a Grievance Information Desk and Fax line wef 1 Jul 10. (8105555 & 8105333) CONCLUSION • Questions/Comments
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