| 1. |
DELEGATION OF AUTHORITY TO SUSPEND EMPLOYEES |
| 1.1 |
In certain cases concerning alleged misconduct, the Head of Department may, in terms of legislation and collective agreements, suspend an employee or transfer an employee to another post as a precautionary measure should the Head of Department be of the opinion that there is a potential danger in keeping the employee at the workplace. For example, the employee may be suspected of assault, sexual harassment or molestation. There may also be the risk that the employee may tamper with the evidence or intimidate witnesses. |
| 1.2 |
In considering the above-mentioned, the Head of Department may suspend an employee or transfer him or her to another post with full pay for a maximum period of three months. It should be noted that such a suspension does not mean that the employee’s employment has been terminated. He or she is effectively on forced paid leave, pending the hearing. |
| 1.3 |
If an employee is suspended or transferred, the employer must do everything possible to conclude a disciplinary hearing within one month of the suspension or transfer. The presiding officer may decide on any further postponement. |
| 1.4 |
In order to deal more effectively and efficiently with suspensions, the Head of Department has delegated the authority to suspend an employee to the Director: Labour Relations. |
| 1.5 |
If the proceedings of the suspended employee are not concluded within 90 days, the employer must request the presiding officer to provide reasons for the delay and give directions for the speedy conclusion of the proceedings. |
| 1.6 |
The Directorate: Labour Relations will evaluate allegations of misconduct on an ad hoc basis. The EMDC or a director may also submit a substantiated request for the suspension or transfer of any employee. After an initial investigation and evaluation of all the evidence, the Director: Labour Relations will make a final decision and inform the relevant EMDC or Director of the outcome. |
| 1.7 |
Arrangements for the delivery of the final notice of suspension to the employee will be made with the relevant manager in order to ensure that the final decision is properly communicated and that proof is obtained as to when the employee received the letter. A copy of the letter, signed by the suspended employee to confirm receipt, must be sent or faxed to the Directorate: Labour Relations. |
| 2. |
PROCEDURE FOR APPOINTMENT OF SUBSTITUTES
The following apply to the appointment of substitutes to replace suspended employees. |
| 2.1 |
The normal procedures for the request and allocation for substitutes in terms of educators remain in place, viz. the request for the appointment of substitutes should be made only if the permanent incumbent in the post will be absent for more than 10 working days. In the case of public service personnel, applications for the appointment of substitutes will be considered on merit. |
| 2.2 |
Applications for the appointment of a substitute, accompanied by a copy of the letter of suspension, must be sent to the concerned Directorate: Personnel, (Educators or Public Service), via the normal communication channels. |
| 2.3 |
The appointment of a substitute will be considered by the Personnel Directorate concerned on an ad hoc basis. |
| 2.4 |
All affected persons will be informed of the outcome of a disciplinary hearing and whether any suspension, instituted as a precautionary step, has been revoked. |
| 3. |
ENQUIRIES
Enquiries may be directed to the Directorate: Labour Relations at telephone 021 467 2846.
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Kindly bring the contents of this minute to the attention of all concerned.
SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2005:01:05
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