In 2010, the Minister of Public Service and Administration entered into a delivery agreement with the President to coordinate and oversee the implementation of Outcome 12 of government's outcomes-based performance and monitoring evaluation system. This provides, amongst other things, for "an efficient, effective and development oriented public service" and to fast track improvements in service delivery systems.
The foreword to the Senior Management Service Handbook released by the Ministry of Public Service and Administration in 2003 recognises that improved service delivery requires "a modern, people-centred public service - a public service that accepts both the challenges and opportunities of being a primary agent of the developmental state".
Senior managers, it says, play a critical role in the functioning of the public service and it is their responsibility to "convert the policy mandates of government into effective departmental strategies, plans and programs".
One of the key management criteria for senior managers, on which their performance is assessed, is people management and empowerment. One of the competencies they require in terms of the Senior Management Service Competency Framework is the ability to apply labour and employment legislation and regulations consistently. When it comes to discipline, the Senior Management Service handbook recognises that "[P]rompt and decisive disciplinary action should be seen as a means of reinforcing high standards. There must be a will to use such mechanisms and such actions can demonstrate to staff and the community that government is committed to eliminating unethical conduct."
Part VIII of the Public Service Regulations of 2001 hands the responsibility for performance management of employees over to an employee's supervisor. They have to ensure that employees know by what criteria their performance is going to be assessed, monitor their performance and meet regularly with them to assess their performance. In 2007, however, the Public Service Commission recognised that poor performance in the public service was due, amongst other things, to shortcomings associated with the management of poor performance and noted that it posed a "very real threat to service delivery".
The prescripts for the management of employees in national and provincial government departments - from recruitment and selection and conditions of service to the management of discipline, performance, ill health and the resolution of disputes - are to be found in the Public Service Act (Proclamation 103 of 1994) and the Public Service Regulations of 2001 as amended and collective agreements concluded in the five public service bargaining councils. These are the Public Service Coordinating Bargaining Council (PSCBC); the General Public Service Sectoral Bargaining Council; the Education Labour Relations Council (ELRC); the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) and the Safety and Security Sectoral Bargaining Council.
In order to ensure "an efficient and effective public service" through the efficient and effective management of those who report to them, it is not only senior managers, but also supervisors at the lowest level who should have a practical knowledge and understanding of the policies and procedures contained in these prescripts, as well as immediate access to the latest case law and to the resources they need to implement them.
It is here that solutions such as the Labour Public Sector practice area from LexisNexis have tremendous value for those in the public service and associated legal sectors. The solution gives users online access to guidance material, expert commentary, checklists, legislation, case law, step-by-step processes, document precedents and other external content that is relevant to public sector service. Topical content ranges from "Employment in the public and education sector governed by collective agreements" to "Unfairness in promotion and demotion in the public, education and municipal sectors." Also in the Practical Guidance series is a Labour Law practice area which provides commentary applicable to broader aspects of labour law.
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