By PSC Media

The Public Services Commission (PSC) is sending out this important update in its jurisdiction regarding personnel matters for long-term casuals and probationary officers employed in the National Public Service.
These changes arise from the Supreme Court decision in the case of Forae v Kereme & Ors (2024) SC2583, alongside a reassessment of legal provisions.
They include:
• Long-Term Casual Employees: Employees whose casual employment commenced prior to the Fourth Edition of the General Orders in 2012, can now lodge complaints as permanent officers of the public service, in line with the Supreme Court ruling. As per General Order 7.2, departments are required to reclassify such employees, but many failed to do so. The decision retroactively recognizes their rights starting from 1st January, 2012.

Relevant Legal Provisions:

• Supreme Court judgement in Forae v Kereme & Ors (2024) SC2583: Grants retroactive recognition.
• Section 2 of the Public Services (Management) Act 1995: Defines “officer” and distinguishes casual employees from permanent officers.

• Probationary Officers: Probationary officers who meet the qualifications set out in Section 35 of the Public Services (Management) Act 1995, are now confirmed as “officers” eligible to lodge complaints on personnel matters to PSC. Previously, probationary officers were deemed ineligible, but this updated interpretation ensures inclusion.

Relevant Legal Provisions:

• Section 35 of the Public Services (Management) Act 1995: Details the qualifications required to be appointed as an “officer”.
• General Order 4.17: Highlights partly in terms and conditions between probationary and permanent officers.
  What This Means: The PSC is reaffirming its commitment to justice and inclusivity by ensuring that all public servants, whether long-term casual employees or probationary officers, can now apply for a review of a personnel matter if they are aggrieved by a decision taken against them by their Departmental Head. This update, reinforces PSC’s dedication to aligning practices with legal standards and providing equitable treatment for all public servants.