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

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General Orders of the Turks and Caicos Islands Public Service - 1998 EditionCHAPTER 5GRIEVANCESOrder 5.1General5.1.1 The grievance procedure is designed to allow Officers to raise issues of individual concernabout their employment in the Public Service and to have those concerns quickly considered andaddressed. It does not set out to be able to resolve every issue, but where an issue cannot beresolved to the satisfaction of an Officer, it should clearly provide an understandable explanation ofwhy that issue cannot be resolved.Order 5.2Grievance procedure5.2.1 Sometimes an Officer may wish to raise an issue of personal concern. This grievance procedureis designed to guide Officers in the appropriate way of raising and resolving personal concerns.5.2.2 Appeals against interdiction, the imposition of a disciplinary penalty or the giving of a warningshould be made to the Chairman of the Commission which will deal with dw appeal in accordancewith its duties under the Constitution, the Public Service (DelciWion of powers} Regulations 1997 andthe holes set out in Appendix G.5.2.3 It is a precondition of this grievance procedure that whilst an Officer may feel aggrievedpending the resolution of a particular grievance, that he or she continues to perform his or her regularduties in accordance with these Orders and that the existence of a grievance does not in any wayexcuse an Officer who does otherwise and who may then be liable to action under the disciplinaryprocedure. The only exception to this rule applies to Officers who have been either suspended orinterdicted by the (Chief Secretary and who are appealing against a decision reached under thedisciplinary procedure and in those cases only in relation to the performance of his or her regularduties due to his or her non attendance for work and not to any other requirement of these Orders.5.2.4 An Officer should first raise any grievance with his or her Unit Manager. If the matter is notsatisfactorily resolved then the Officer should take the matter up, in writing, with the DepartmentHead. The Department Head should carefully consider the grievance, and taking such advice as may benecessary, communicate his or her decision about the matter to the Officer in writing.5.2.5 If the Department Head cannot resolve the issue in a reasonable time, having regard to all of thecircumstances, then the Officer should raise it, in writing, with the Permanent Secretary. ThePermanent Secretary should carefully consider the grievance, and taking such advice as may benecessary, communicate his or her decision about the matter to the Officer in writing.5.2.6 If the Permanent Secretary cannot resolve the issue to the satisfaction of the Officer then theOfficer should raise it, in writing, with the Chief Secretary. The Chief Secretary should carefullyconsider the grievance, and taking such advice as may be necessary, communicate his or her decisionabout the matter to the Officer in writing. Except in cases of appeals against decisions of the ChiefSecretary then this stage shall be the final one and in using the procedure the Officer accepts that thelawful decision of the Chief Secretary is final andtinding,5.2.7 If, in the case of an appeal against a decision of the Chief Secretary, the Chief Secretary cannotresolve the issue to the satisfaction of the Officer then the Officer should raise it, in writing, with the20
General Orders of the Turks and Caicos Islands Public Service - 1998 EditionChairman of the Commission. The Commission should carefully consider the grievance, and takingsuch advice as may be necessary, communicate its advice about the matter to the Governor in writing.The Governor, mindful of the advice of the Commission, shall then communicate his decision to theOfficer in writing. In cases of appeals against decisions of the Chief Secretary then this stage shall bethe final one and in using the procedure the Officer accepts that the lawful decision of the Governor isfinal and binding.5.2.8 At each and every stage of this procedure an Officer is entitled to receive courteous and timelyconsideration of the grievance and can expect to discuss his or her grievance at every stage, in private,and in a businesslike and professional manner.5.2.9 An Officer should expect a hearing of his or her grievance within twenty eight days of it beingraised at a particular level and a written reply and decision within fourteen days of the hearing. Theseprovisions may only be delayed due to the unavoidable absence of the manager who is to consider thegrievance, of the Officer raising the grievance, or of some other person who is material to the processof resolving the grievance. This time limit does not apply to the Commission.5.2.10 An Officer may take legal advice on any personal matter but may not involve direct legalrepresentation at any stage of his grievance procedure. Officers are entitled to he accompanied by awilling fellow Officer of their own choosing at every :cage of this procedure.5.2.11 An Officer with a grievance should not expect, at any level of this procedure any decision inrespect of the grievance which is outwith the authority of the Responsible Officer. If any such decisionis made it shall be regarded as null and void.5.2.12 Where a grievance affects a group of Officers then it may be more appropriate for one of theOfficers concerned to volunteer to take the grievance forward on behalf of his or her colleagues also.In this case an Officer raising such a grievance should make this clear in taking the grievance forwardat every stage and specify the extent that the greet ance applies to other Officers by name or in someother way that they can he readd) ilmnfied and can benefit from the eventual resolution. Nothing in thisOrdet Jeadcts from the right of the (Civil Service Association to raise issues of common concern withthe management of the Public Service.5.2.13 This grievance procedure is intended to operate within Normal Working Hours whereverpossible and Officers are entitled to reasonable paid time off where necessary, with prior permissionfrom his or her Responsible Officer, to prepare and present their grievance, subject only to there beingno disruption in the delivery of service to the public as a result of taking such time off.21
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