Grievance Reviews

Employees who are aggrieved by an action or decision of their agency can ask the Commissioner for Public Employment to review that action or decision, this a Section 59 Grievance Review.

Section 59 Review

A request for a section 59 grievance review must be lodged within three months of the action, intended action or decision that caused the grievance (or within 14 days in the case of termination of probationary employment).

Through the Promotion Appeals & Grievance Reviews (PA&GR) unit of OCPE, the Commissioner reviews the agency’s action or decision. Under the Act, the Commissioner is required to complete his review within three months but has the power to extend that period if he deems it necessary.

The options available to the Commissioner under the Act at the conclusion of his review are:

• confirm the action, intended action or decision; or
• direct the Chief Executive Officer of the agency concerned to take, or refrain from taking, as the case requires, a specified action.

In the case of proposed termination of probationary employment, the Commissioner will either confirm the decision to terminate the employment or direct that the employee’s appointment be confirmed.

Legislative basis

Section 59 of the Public Sector Employment and Management Act and Employment Instruction Number 8 deal with s59 grievance reviews.

Reference to s59 is also made in other Employment Instructions (e.g. Employment Instructions Number 1 - Advertising, Selection, Appointment, Transfer and Promotion; Number 2 - Probation; and Number 5 - Medical Incapacity).