Key Benefits:
In this Part-
"action short of a strike" means any method of working undertaken by employees acting in combination or under a common understanding, which method of working slows down normal production or the execution of the normal function under their contracts of employment, of the employees undertaking such method of working;
"dispute" means a grievance, dispute of interest or dispute of right;
"dispute of interest" means a dispute concerning the creation of new terms and conditions of employment, or the variation of existing terms or conditions of employment;
"dispute of right" means a dispute concerning an alleged infringement of a right flowing from statutory law, collective agreement or individual employment contract, or the conferment of a benefit to which the claimant is legally entitled;
"grievance" means a feeling of injustice or dissatisfaction affecting an employee or group of employees, arising out of that employee's or group of employees 'work or employment relationship or situation, and reported by the employee or employees to the employer;
"industrial action" means a lockout, strike or action short of a strike in furtherance of a dispute;
"lockout" means the closing of any place of employment by the employer, the suspension of work by the employer, or the refusal, by the employer, to continue to employ any number of the employer's employees; and
"unlawful industrial action" means any industrial action declared to be unlawful by this or any other Act or by the Industrial Court, or any lock out, strike or action short of a strike, deemed to be unlawful industrial action by virtue of section 42 of the Trade Disputes Act.
(1) An employee who has a grievance against the employer may refer the grievance either to the Public Service Commission established under section 109 of the Constitution, hereinafter referred to as" the Commission" , or to the Public Service Bargaining Council established in terms of section 56, for mediation or arbitration.
(2) The provision of Part II of the Trade Disputes Act shall apply with the necessary modifications, to proceedings before the Commission and the Council.
The Commission shall, as soon as possible after the end of every financial year, submit a report to the Minister in respect of the Discharge of its functions during that year and the Minister shall lay every such report before the National Assembly.
