EMPLOYEE RELATIONS AND HR POLICY

1. EMPLOYEE RELATIONS AND HR POLICY

2. DEPARTMENT: HUMAN RESOURCES APPENDIX A EXECUTIVE DIRECTOR Dr V Singh (Mala) OR Tambo 4-01Tel:  012 429 2558 Fax: 012 429 6705E-mail: singhv@unisa.ac.za Deputy Director: HR Planning, Projects and Operations Mr B Albrecht (Bertus) OR Tambo 4-03 Tel:  012 429 2450 Fax: 012 429 2471E-mail: balbrech@unisa.ac.za Personal AssistantMs JS Brummer (Joey)OR Tambo 4-02Tel:  012 429 2884 Fax: 012 429 6705E-mail: brummjs@unisa.ac.za DIRECTOR: ORGANISATION DEVELOPMENT Dr A Grobler (Anton) DIRECTOR: HR STAFFING & CLIENT SERVICES Ms P Makanya-Ojowuro (Pumza) DIRECTOR: HR DEVELOPMENT & EMPLOYEE ASSISTANCE Ms F Patel (Firoza) DIRECTOR: EMPLOYEE RELATIONS & HR POLICY Mr HFJ Swanepoel (Henry) DIRECTOR: REMUNERATION & ADMINISTRATION Mrs K Kissoonduth (Krishnee) HR OPERATIONS Mr SRO Rosslee (Sam) (Contract

3. APPENDIX A5 DIRECTORATE: EMPLOYEE RELATIONS & HR POLICY Director: Employee Relations & HR PolicyMr HFJ Swanepoel (Henry)OR Tambo 4-31Tel:  012 429 3384  Fax: 012 429 3067E-mail: swanehfj@unisa.ac.za Administrative Coordinator Ms S Boskila (Shanita)OR Tambo 4-29Tel: 012 429 3330Fax: 012 429 3067E-mail: maswag@unisa.ac.za SECTION: EMPLOYEE RELATIONS See Appendix A5a SECTION: HR POLICY SECRETARIAT / ADMIN SERVICES ER Manager Vacant HR Policy Specialist Mr MW Shezi (Wiseman)Tel. 012 429 2632Fax : 086 544 0020E-mail: shezimw@unisa.ac.za Secretary and Admin Manager Mr JF van Schalkwyk (Johan)OR Tambo 4-29Tel:  012 429 3397Fax: 012 429 3067E-mail:  vschajf@unisa.ac.za

4. APPENDIX A5a EMPLOYEE RELATIONS ER Manager Vacant ER Specialist Mr AO Ramabulana (Osley)OR Tambo 4-29 Tel:  012 429 3528Fax: 012 429 3067E-mail: ramabuao@unisa.ac.za ER Specialist Ms TE Mabeleng-Stuurman (Tebello) OR Tambo 4-29 Tel: 012 429 2144Fax: 012 429 3067E-mail: mstuute@unisa.ac.za ER SpecialistMr MA Maluleke (Mandla)OR Tambo 4-29 Tel: 012 429 2147Fax: 012 429 3067E-mail: malulma@unisa.ac.za ER Specialist Ms PC Dlamini (Phumzile)OR Tambo 4-29 Tel: 012 429 2145Fax: 012 429 3067E-mail: dlamipc@unisa.ac.za ER Officer Ms KJ Setati (Kgomotso)OR Tambo 4-29 Tel:  012 429 3452Fax: 012 429 3067  E-mail: setatkj@unisa.ac.za ER Officer Ms HM Kgwathe (Mammie)OR Tambo 4-29  Tel:  012 429 3545Fax: 012 429 3067E-mail: kgwathm@unisa.ac.za

5. WHY DOES EMPLOYEE RELATIONS EXIST ER is tasked obo UNISA to manage the employer-employee relationship Critical that the relationship between employer and employee be managed within the Employee Relations framework which is governed by National Legislation (LRA), Case law, ILO conventions, HR/ER policies, procedures, processes and collective agreements.

6. PURPOSE OF EMPLOYEE RELATIONS To render, promote and maintain sound employee relations by providing an effective and efficient professional and proactive service in the strategic and day-to-day management of human resources in order to make Unisa‘s vision a reality. The main objective of Employee Relations is to promote and maintain employer-employee relationship.

7. ER: CRITICAL FOCUS AREAS Policies, Procedures & Agreements Grievances Misconduct Incapacity (Poor Performance & Ill-health) Dispute resolution Collective Bargaining (Recognition of Trade Unions, UBF, etc.) Training and development

8. PURPOSE OF THIS SESSION Grievances [Bottom-up process] Misconduct [Top-down process] Line Manager’s RESPONSIBILITY ???

9. GRIEVANCE POLICY AND PROCEDURE FOR EMPLOYEES TO WHOM DOES THE POLICY APPLY To all employees of the University (both academic and non-academic) who experience a feeling of dissatisfaction or of injustice in connection with her/his employment situation that she/he wants to formally bring to the attention of management The Grievance Procedure does not substitute the appeal / review procedures contained in other Procedures

10. GRIEVANCE POLICY AND PROCEDURE AIM Procedure that will provide the individual employee, as well as groups of employees, with a channel for raising and resolving grievances Without fear of discrimination or victimisation. Process allows an aggrieved employee to have her/his grievance brought to the attention of the highest authority in the University

11. GRIEVANCE POLICY AND PROCEDURE PRINCIPLES UNISA acknowledges that conflict is inherent to the workplace and can therefore not be avoided Less formal and early resolution of grievances is encouraged Grievance resolution is an integral part of Line Managers, Executive Directors, Executive Deans and Portfolio Managers’ duties and responsibilities It is the primary responsibility of all Managers to identify, respond to and address problems in the workplace and to ensure that victimisation of either a complainant or a respondent does not take place. 

12. GRIEVANCE POLICY AND PROCEDURE PRINCIPLES Resolution process to be conducted as expeditiously as possible in accordance with the agreed timeframe and the progressive levels and steps specified in the procedure Allegations must be stated clearly in writing Confidentiality will be respected and maintained at all times Employees should be advised that they are entitled, if they so request, to a representative at all stages Grievance related to the employee's immediate Line Manager, Executive Director, Executive Dean or Portfolio Manager, the grievance should be raised at the next higher level 

13. GRIEVANCE POLICY AND PROCEDURE PRINCIPLES OF NATURAL JUSTICE AND PROCEDURAL FAIRNESS WILL BE OBSERVED. THESE PRINCIPLES INCLUDE THAT: Any person who is the subject of a grievance must be informed of all the allegations in relation to his/her behaviour;   Employees must have a full opportunity to put their case;  All parties to the grievance must have the right to be heard;  All relevant submissions and evidence must be considered;  Irrelevant matters must not be taken into account; and  The decision maker(s) must be impartial and fair in their dealings with the parties.

14. Grievance Procedure does not substitute the appeal / review procedures contained in other Procedures Performance responsibilities, expectations and job evaluations  Temporary work assignments (Acting and Secondment Policies)  Budget and organisational structure, including the number or assignments of posts/positions in any operational unit  The selection and recruitment (provisioning) of an individual to fill a position, unless it is alleged that the selection is in violation of the University’s written policy  Termination, demotion, reassignment, layoff from duties because of lack of work, or other actions resulting from a reduction in the work force or job abolition

15. GRIEVANCE FORM Employee name & number & position & department What are you complaining about Who are you complaining about When did the above action take place Frequency & Period Witnesses Action taken by you Outcome GRIEVANCE RESOLUTION AGREEMENT

18. “QUESTIONS AND COMMENTS?”

19. EMPLOYEE DISCIPLINARY CODE PURPOSE OF THIS CODE is to: Provide certainty and clarity with regard to the content and consequences of misconduct: and About the efficient and fair application of discipline The University recognises that the primary goals of discipline are to discourage misconduct and to correct behaviour once misconduct has occurred. In order to use discipline as a corrective measure, a regime of progressive discipline must, as a general rule, be established and should become part of the institutional culture of the University

20. GENERAL PRINCIPLES # University’s right and duty to discipline # Basic human rights # Fairness and efficiency # Representation # Other important aspects: Separate provision for sexual harassment in the workplace. Distinction between discipline and incapacity Distinction between the Disciplinary Code and the Grievance procedure

21. CATEGORIES OF MISCONDUCT Absence from work (absenteeism) , Reporting late for duty/absconding from duty early, Abusive or offensive Language, Assault, Fighting, Violent behaviour, Intimidation, Competing with the employer, Damage to property, Disclosing confidential information, Plagiarism, Use of drugs, Drunkenness on duty, Insolence, Insubordination, Sleeping on duty, Breach of policies and procedures, Deliberate laying of false charges or complaints against another employee

22. REPORTING AND INVESTIGATING MISCONDUCT AND INITIATING DISCIPLINARY PROCEDURES Any alleged misconduct must be reported in writing A written and signed document detailing the alleged misconduct

23. REPORTING AND INVESTIGATING MISCONDUCT AND INITIATING DISCIPLINARY PROCEDURES The purpose of investigating alleged misconduct is to determine: Whether sufficient evidence exists to support a charge of misconduct and, if so, At what level disciplinary action should be initiated Whether alternate steps may be recommended, prior to initiating disciplinary action

24. REPORTING AND INVESTIGATING MISCONDUCT AND INITIATING DISCIPLINARY PROCEDURES Misconduct which can be dealt with on a pre-formal basis (Minor misconduct) Misconduct that may warrant formal disciplinary action If proven, would warrant a more severe sanction than a pre-formal verbal warning Employee Disciplinary Committee (EDC) Composition of the EDC: Three members: Chairperson & two additional members appointed by the Principal

25. THE ROLE OF THE EDC Approach the hearing with an open and unbiased mind The hearing is a two-staged process: * Considering evidence to establish whether the employee is guilty of the misconduct as charged; and * If the employee is found guilty, considering evidence relevant to an appropriate sanction

26. CHAIRPERSON OF THE HEARING MUST Procedural requirements Establish whether the required notice has been given If the employee is represented, record the name of the representative Establish whether an interpreter, if requested, is present Establish whether a recording of the proceedings is being made

27. EDC SATISFIED - PROCEDURAL REQUIREMENTS HAVE BEEN MET, CHAIRPERSON THEN PROCEEDS Request person representing UNISA to put charges to employee Remind employee of basic rights: right to question witnesses, evidence presented by them and right to call own witnesses Request employee to respond to the charge(s) (guilty or not guilty) and to note the response Should employee plead guilty to charge(s), EDC must request person representing UNISA to indicate whether or not any evidence pertaining to the charge(s) is required

28. EDC PROCEEDS An employee may not be found guilty of misconduct unless the EDC is convinced, on a balance of probabilities, in the light of the facts presented to the hearing , that – A valid rule regulating the alleged misconduct in the Universitydoes in fact exist Employee knew about the rule, or could reasonably be expected to know of the rule Employee in fact breached the rule Has consistently been applied in the University

29. EDC PROCEEDS If an employee is found not guilty because the evidence does not support the allegation, proceedings must be closed and the employee acquitted If the employee is found guilty, the employee must be informed of the finding and the hearing must proceed to the stage of determining the sanction. At this stage, the employee must be informed of the right to present evidence in mitigation

30. EDC IMPOSING DISCIPLINARY MEASURE(S) Considering at least the following circumstances: Gravity of the misconduct Nature of the infringement Circumstances surrounding the commission of offence Nature and level of the job done by the employee Personal circumstances: length of service, status and previous disciplinary record Impact of the misconduct on co-employees, workforce and UNISA Precedent in the University for similar transgressions The level and sincerity of co-operation by the accused employee during all stages of the process

31. EDC MEASURES / SANCTIONS: Corrective and rehabilitative measures: Counselling, training, development Sanction (Examples): Written warning Final written warning Dismissal Demotion, as an alternative to dismissal, with the employee’s consent Transfer, etc

32. EDC MEASURES / SANCTIONS: Cont…….. Finding and recommendation of the EDC must be made known to the employee in writing Employee must also be informed of an appeal Appeal against the decision: An appeal may be lodged against the decision Appeal must be lodged in writing Appeal will be referred to the DAC for its decision When an appeal is lodged, Chairperson of EDC may, after consulting other EDC members, suspend the implementation of any sentence imposed by the EDC pending the outcome of the appeal.

33. APPEAL AGAINST THE EDC DECISION If DAC finds that the decision of EDC is unfair, it may – Set aside the finding in whole or in part Refer any point back to the EDC Make its own finding after hearing such further evidence as it deems necessary, and where it finds the employee guilty, may impose an appropriate sanction. The DAC may not impose a more severe sanction than the EDC without notifying the employee thereof and without allowing the employee and/or his representative to make submissions in this regard

34. SUSPENSION Reason to believe that it would be in the interest of UNISA or its employee(s) for an employee to be suspended immediately from some or all of his or her duties and to be restricted from entering some or any premises under the control of the University, suspend and restrict the employee concerned for a period of up to ninety (90) calendar days Grounds for suspension are: * Seriousness of the alleged misconduct * The nature of the alleged misconduct * Presence of the employee may interfere with the smooth running of the investigation and hearing

35. ROLE OF DIVISION: EMPLOYEE RELATIONS Facilitate the smooth and proper functioning of the Code Act in accordance with the provisions of the Code Assist in whatever manner required in investigating misconduct, which may include appointing an independent investigator Provide support to investigating officers in discharging their duties in accordance with the Code Keep records of all formal disciplinary action taken in the University Assist with the arrangement of hearings as determined in the Code; Monitor the functioning of the Code and advise the Principal about possible improvements to the Code Identify and advise the Principal about training requirements in terms of the Code Prepare a report on staff disciplinary matters to be tabled in Council by the Principal at each meeting, or as often as the Council requires

36. CONTACT DETAILSDIRECTORATE: EMPLOYEE RELATIONS & HR POLICY HFJ Swanepoel Director: ER&HR Policy (012) 429 3384 swanehfj@unisa.ac.za VACANT ER: Manager (012) 429 8818 PC Dlamini ER Specialist TE Mabeleng-Stuurman ER Specialist (012) 429 2145 (012) 429 2144 dlamipc@unisa.ac.zamstuute@unisa.ac.za MA Maluleka ER Specialist AO Ramabulana ER Specialist (012) 429 2147 (012) 429 3528 malulma@unisa.ac.zaramabuao@unisa.ac.za K J Setati ER Officer H M Kgwathe ER Officer (012) 429 3452 (012) 429 3545 setatkj@unisa.ac.zakgwathm@unisa.ac.za

37. THANK YOU “QUESTIONS AND COMMENTS?”

38. Keep your thoughts positive as your thoughts become your words Keep your words positive as your words become your actions Keep your actions positive As your actions become your destiny Bernard Goosen (First wheelchair bound di-plegic to push to Uhuru Point, Mt Kilimanjaro)