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FREQUENTLY ASKED QUESTIONS - FAQ
Who is the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC)?
Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) is a bargaining council established in terms of s55 of the Labour Relations Act, 1995 (LRA) to sign collective agreements and to resolve disputes. The Bargaining Council is accredited by the CCMA in terms of s127 of the LRA to conciliate and arbitrate disputes.
How do I contact the PHSDSBC?
PHSDSBC's offices is situated in Centurion:
Public Service Bargaining Centre
Building E
260 Basden Avenue
Lyttelton
Centurion
See menu item About PHSDSBC - Contact details page
When do I refer a dispute to the PHSDSBC?
A dispute is referred to the PHSDSBC or lodged once all the internal procedures (grievance or disciplinary hearing) have been exhausted and failed. This is at the employer-employee level in the relevant Department. The issue in dispute and place of work will determine which Bargaining Council can hear your case. If the dispute is about an unfair labour practice (e.g. promotion, demotion, benefits, training, disciplinary action, suspension, probation) or an unfair dismissal in the specific health and social development sector, you will refer it to the PHSDSBC. See next question.
What is the scope of the PHSDSBC?
The PHSDSBC covers the whole of the health and social development sector, in other words it covers all employees who are employed by the Department of Health and the Department of Social Development, at national level. It also covers those employers and employees in the provinces who are employed in the health and welfare provincial departments. Schedule I of the Constitution of the Public Health and Social Development Sectoral Bargaining Council also list health professionals employed in all other national and provincial departments who falls within their scope. This means that if anyone is employed in an occupation this is listed below, the PHSDSBC will have the authority to deal with the dispute, no matter in what Department the employee works.
What is the Rules of Conduct for the Council?
Rules are procedures that largely determine the time limits to lodge a dispute.
What are processes implemented to resolve a dispute?
By way of conciliation, arbitration or conciliating at arbitration.
How and when do you file for a settlement agreement to be an award and certification of awards?
It is filed in terms of s143 to the Council and is then forwarded to CCMA. The application is effective when the award had been quantified.
What time frames are normally accepted when referring a dispute?
Dismissal disputes must be referred within 30 days of the aggrieved becoming aware of the matter.
Unfair labour practice disputes must be referred within 90 days of the date of the act or omission which resulted in the unfair labour practice or if it is a later date, within 90 days of the date on which the employee became aware of the act or omission.
When do parties file a dispute related to a mutual interest matter?
When the matter has been dealt with collectively at the Council and involves a transverse issue in either the Health or Social Development Sector.
What is a mutual interest dispute?
It is a dispute that involves, collectively, all parties to Council on a transverse matter.
What are Provincial and Department Chambers?
Provincial and Department Chambers are not juristic persons in terms of the PHSDSBC Constitution. They are the constituents of the Council, provincially and nationally.
When is the Provincial Chamber's collective agreement binding?
Once it is ratified by the Council.
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