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General Orders of the Turks and Caicos Islands Public Service ...

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<strong>General</strong> <strong>Orders</strong> <strong>of</strong> <strong>the</strong> <strong>Turks</strong> <strong>and</strong> <strong>Caicos</strong> Isl<strong>and</strong>s <strong>Public</strong> <strong>Service</strong> - 1998 EditionCHAPTER 5GRIEVANCESOrder 5.1<strong>General</strong>5.1.1 The grievance procedure is designed to allow Officers to raise issues <strong>of</strong> individual concernabout <strong>the</strong>ir employment in <strong>the</strong> <strong>Public</strong> <strong>Service</strong> <strong>and</strong> to have those concerns quickly considered <strong>and</strong>addressed. It does not set out to be able to resolve every issue, but where an issue cannot beresolved to <strong>the</strong> satisfaction <strong>of</strong> an Officer, it should clearly provide an underst<strong>and</strong>able explanation <strong>of</strong>why that issue cannot be resolved.Order 5.2Grievance procedure5.2.1 Sometimes an Officer may wish to raise an issue <strong>of</strong> personal concern. This grievance procedureis designed to guide Officers in <strong>the</strong> appropriate way <strong>of</strong> raising <strong>and</strong> resolving personal concerns.5.2.2 Appeals against interdiction, <strong>the</strong> imposition <strong>of</strong> a disciplinary penalty or <strong>the</strong> giving <strong>of</strong> a warningshould be made to <strong>the</strong> Chairman <strong>of</strong> <strong>the</strong> Commission which will deal with dw appeal in accordancewith its duties under <strong>the</strong> Constitution, <strong>the</strong> <strong>Public</strong> <strong>Service</strong> (DelciWion <strong>of</strong> powers} Regulations 1997 <strong>and</strong><strong>the</strong> holes set out in Appendix G.5.2.3 It is a precondition <strong>of</strong> this grievance procedure that whilst an Officer may feel aggrievedpending <strong>the</strong> resolution <strong>of</strong> a particular grievance, that he or she continues to perform his or her regularduties in accordance with <strong>the</strong>se <strong>Orders</strong> <strong>and</strong> that <strong>the</strong> existence <strong>of</strong> a grievance does not in any wayexcuse an Officer who does o<strong>the</strong>rwise <strong>and</strong> who may <strong>the</strong>n be liable to action under <strong>the</strong> disciplinaryprocedure. The only exception to this rule applies to Officers who have been ei<strong>the</strong>r suspended orinterdicted by <strong>the</strong> (Chief Secretary <strong>and</strong> who are appealing against a decision reached under <strong>the</strong>disciplinary procedure <strong>and</strong> in those cases only in relation to <strong>the</strong> performance <strong>of</strong> his or her regularduties due to his or her non attendance for work <strong>and</strong> not to any o<strong>the</strong>r requirement <strong>of</strong> <strong>the</strong>se <strong>Orders</strong>.5.2.4 An Officer should first raise any grievance with his or her Unit Manager. If <strong>the</strong> matter is notsatisfactorily resolved <strong>the</strong>n <strong>the</strong> Officer should take <strong>the</strong> matter up, in writing, with <strong>the</strong> DepartmentHead. The Department Head should carefully consider <strong>the</strong> grievance, <strong>and</strong> taking such advice as may benecessary, communicate his or her decision about <strong>the</strong> matter to <strong>the</strong> Officer in writing.5.2.5 If <strong>the</strong> Department Head cannot resolve <strong>the</strong> issue in a reasonable time, having regard to all <strong>of</strong> <strong>the</strong>circumstances, <strong>the</strong>n <strong>the</strong> Officer should raise it, in writing, with <strong>the</strong> Permanent Secretary. ThePermanent Secretary should carefully consider <strong>the</strong> grievance, <strong>and</strong> taking such advice as may benecessary, communicate his or her decision about <strong>the</strong> matter to <strong>the</strong> Officer in writing.5.2.6 If <strong>the</strong> Permanent Secretary cannot resolve <strong>the</strong> issue to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Officer <strong>the</strong>n <strong>the</strong>Officer should raise it, in writing, with <strong>the</strong> Chief Secretary. The Chief Secretary should carefullyconsider <strong>the</strong> grievance, <strong>and</strong> taking such advice as may be necessary, communicate his or her decisionabout <strong>the</strong> matter to <strong>the</strong> Officer in writing. Except in cases <strong>of</strong> appeals against decisions <strong>of</strong> <strong>the</strong> ChiefSecretary <strong>the</strong>n this stage shall be <strong>the</strong> final one <strong>and</strong> in using <strong>the</strong> procedure <strong>the</strong> Officer accepts that <strong>the</strong>lawful decision <strong>of</strong> <strong>the</strong> Chief Secretary is final <strong>and</strong>tinding,5.2.7 If, in <strong>the</strong> case <strong>of</strong> an appeal against a decision <strong>of</strong> <strong>the</strong> Chief Secretary, <strong>the</strong> Chief Secretary cannotresolve <strong>the</strong> issue to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Officer <strong>the</strong>n <strong>the</strong> Officer should raise it, in writing, with <strong>the</strong>20

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