Public Service (Grievance and Dispute Procedures) (Amendment) Regulations 2010

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PUBLIC SERVICE (GRIEVANCE AND
DISPUTE PROCEDURES) (AMENDMENT)

REGULATIONS 2010





Public Service (Grievance and Dispute
Procedures) (Amendment) Regulations 2010 Arrangement of Regulations





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PUBLIC SERVICE (GRIEVANCE AND DISPUTE
PROCEDURES) (AMENDMENT) REGULATIONS 2010

Arrangement of Regulations
Regulation

1 Short Title .................................................................................................... 5
2 Interpretation ................................................................................................ 5
3 Regulation 2 amended ............................................................................... 5
4 Regulation 3 amended ............................................................................... 6
5 Regulation 4 amended ............................................................................... 6
6 Regulation 7 amended ............................................................................... 6
7 Regulation 9 amended ............................................................................... 6
8 Regulation 10 amended ............................................................................. 7
9 Regulation 11 amended ............................................................................. 7
10 Regulation 16 amended ............................................................................. 7
11 Regulation 17 amended ............................................................................. 7
12 Regulation 19 amended ............................................................................. 7
13 New Regulation 19A ........................................................................................ 8
14 Regulation 20 amended ............................................................................. 8
15 Regulation 21 amended ............................................................................. 8
16 Regulation 22 amended ............................................................................. 8
17 Regulation 23 amended ............................................................................. 9
18 New Schedule I and II ................................................................................ 9





Public Service (Grievance and Dispute Procedures)
(Amendment) Regulations 2010 Regulation 1





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PUBLIC SERVICE (GRIEVANCE AND DISPUTE
PROCEDURES) (AMENDMENT) REGULATIONS 2010

PUBLIC SERVICE ACT

IN EXERCISE of the powers conferred by sections 21 and 22 of the Public
Service Act 2002, as amended, the Prime Minister with the consent of Cabinet

makes the following Regulations:

1 Short Title

(1) These Regulations may be cited as the Public Service (Grievance and Dispute
Procedures) (Amendment) Regulations 2010.

(2) The Public Service (Grievance and Dispute Procedures) Regulations 2006 are
in these Regulations referred to as the Principal Regulations.

2 Interpretation

For the purposes of these regulations -

“Act” means the Public Service Act 2002 as amended.

3 Regulation 2 amended

Regulation 2 of the Principal Regulations is amended as follows -

(a) the definition of “employee” is amended by replacing the words “all persons”
with the words “a person”, and by adding the words “and includes a daily paid
worker” after the word “Service”;

(b) the definition of “employer” is amended by inserting the words “or the Chief
Executive Officer” after the word “Commission”;

Regulation 4
Public Service (Grievance and Dispute Procedures)

(Amendment) Regulations 2010





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(c) the term “Head of Department” and its definition is deleted and replaced with
the following -

“Chief Executive Officer” means any person in charge of the
administration of a Ministry, who is employed under a fixed contract of
employment under the Act;

(d) the following new terms and their definitions are inserted where appropriate -

(i) “ Secretary of the Tribunal” means the Secretary of the Public Service
Tribunal;

(ii) “ Tribunal ” means the Public Service Tribunal established under the
Act.

4 Regulation 3 amended

Regulation 3 of the Principal Regulations is amended by replacing the words “Head
of Department” with the words “Chief Executive Officer”.

5 Regulation 4 amended

Regulation 4 of the Principal Regulations is amended as follows -

(a) paragraph (a) is amended by replacing the words “Head of Department” with
the words “Chief Executive Officer”, and by deleting the word “or”;

(b) paragraph (b) is amended by replacing the words “Head of Department” with
the words “Chief Executive Officer; or”;

(c) by adding the following new paragraph (c) after pa agraph (b) -

“(c) Chairperson where the employment grievance relates to a decision by
the Commission”.

6 Regulation 7 amended

Regulation 7 of the Principal Regulations is amended by replacing the number “5”
with the number “6”.

7 Regulation 9 amended

Regulation 9 of the Principal Regulations is amended as follows -

(a) paragraph (a) is amended by adding the words “to the conditions before the
decision was made” after the word “employee”;

(b) paragraph (b) is repealed;

(c) paragraph (c) is amended by replacing the words “ eimburse of” with the
word “pay”.

Public Service (Grievance and Dispute Procedures)
(Amendment) Regulations 2010 Regulation 8





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8 Regulation 10 amended

The Principal Regulations is amended by repealing Re ulation 10 and replacing it
with the following –



“10 Right of Appeal

(1) The employee shall have a right of appeal to the Tribunal
against-

(a) any decision of the employer under regulation 8; or

(b) non compliance by the employer with the procedural
requirements of this Part of the Regulations.

(2) The employee shall, within 14 working days of receipt of the
decision on the employment grievance file an appeal with the
Secretary together with the prescribed fee set out in Schedule II.

(3) The Secretary of the Tribunal shall within 3 working days from
the date the appeal was filed, submit the appeal to the Tribunal.”

9 Regulation 11 amended

Regulation 11 of the Principal Regulations is amended by adding the words “of the
Tribunal” after the word “Secretary”.

10 Regulation 16 amended

Regulation 16 of the Principal Regulations is amended by replacing the words
“designated officer” with the word “investigator”.

11 Regulation 17 amended

Regulation 17 of the Principal Regulations is amended by replacing the words
“designated officer” with the word “investigator”.

12 Regulation 19 amended

Regulation 19 of the Principal Regulations is repealed and replaced with the
following -



“19 Right of appeal of Association

(1) The association shall have a right of appeal to the Tribunal
against -

(a) any decision of the Commission; or

Regulation 13
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(Amendment) Regulations 2010





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(b) non-compliance by the employer with the procedural
requirements of this Part of the Regulations.

(2) An appeal shall be in the prescribed form set out in Schedule I to
these Regulations.

(3) The association shall file its appeal with the S cretary of the
Tribunal within 14 working days of receipt of the decision
together with payment of the prescribed fee set out in Schedule
II.

(4) The Secretary of the Tribunal shall acknowledge receipt of the
notice.”

13 New Regulation 19A

The Principal Regulations is amended by adding the following new regulation 19A
after regulation 19 -



“19A Contents of notice

The appellant’s notice shall be signed and dated by or on behalf of the
appellant and shall state –

(a) the name and the address for the service of the app llant;

(b) the name and address of the Tribunal;

(c) details of the decision of which the application s made; and

(d) the grounds for the application.”

14 Regulation 20 amended

Regulation 20 of the Principal Regulations is amended by adding the words “of the
Tribunal” after the word “Secretary”.

15 Regulation 21 amended

Regulation 21 of the Principal Regulations is amended by replacing the words
“Head of Department” with the words “Chief Executive Officer”.

16 Regulation 22 amended

Regulation 22 of the Principal Regulations is amended by inserting the words
“Tribunal or the” before the word “Commission”.

Public Service (Grievance and Dispute Procedures)
(Amendment) Regulations 2010 Regulation 17





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17 Regulation 23 amended

Regulation 23 (3) of the Principal Regulations is amended by deleting the words
“General Revenue” and replacing them with the words “the Tonga Government
Fund”.

18 New Schedule I and II

The Principal Regulations is amended by adding the following Schedules I and II -


“SCHEDULE I


NOTICE OF APPEAL

1. To

Secretary of the Public Service Tribunal
NUKU‘ALOFA


I / We _______________________________________

of _____________________________________________

hereby give notice that I/we appeal to the Public Service Tribunal under section
_____ of the Public Service Act 2002, against the decision made by the Public
Service Commission on :


Date ________________________ Decision number _______________

2 Grounds of Appeal


The grounds of my appeal are as follows:


3 Address for Service

All communications regarding the
Appeal should be addressed to:

_____________________________

_____________________________

_____________________________


Regulation 18
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(Amendment) Regulations 2010





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Signature ________________________

Date ________________________

If the notice is signed on behalf of the appellant,
the person who signs it must state below in what
capacity or authority they sign.

_________________________________




SCHEDULE II


FEES


Appeal to the Public Service Tribunal $100”





Made at Nuku’alofa this 8th day of December 2010.

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