Approved and adopted by Council of the Polytechnic of Namibia as the Human Resources Code of the Polytechnic on 6 November 1998. Resolution Coun/Poly 98/491/067 and revised on:
i. 05 November 1999 Resolution Coun/Poly/99/702/100
ii. 10 November 2000 Resolution Coun/Poly/2000/1176/176
iii. 12 July 2002 Resolution Coun/Poly/2002/1552/298
iv. 07 November 2003 Resolution Coun/Poly/2003/2024/378
v. 23 April 2004 Resolution Coun/Poly/2004/2118/402
vi. 11 November 2005 Resolution Coun-Poly/2005/2715/484
vii. 28 April 2006 Resolution Coun-Poly/2006/2999/519
viii. 03 November 2006 Resolution Coun-Poly/2006/3410/561
ix. 27 April 2007 Resolution Coun-Poly/2007/3518/575
x. 02 November 2007 Resolution Coun-Poly/2007/3894/626
xi. 08 April 2008 Resolution Coun-Poly/2008/4064/645
xii. 01 November 2008 Adjustments made according to the stipulations of the Labour Act No 11 of 2007
xiii. 08 April 2009 Adjustments made according to the stipulations of the Labour Act No 11 of 2007
xiv. 20 May 2011 Resolution Coun-Poly/2011/5822/879
CONTENTS
CHAPTER SECTION PAGE
1 INTRODUCTION 1
1.1 Management of the Polytechnic 1
1.2 Official channels of communication 1
1.3 Organisational Structure 1
2 DEFINITIONS 2 - 4
3 APPLICATION 4
4 APPLICABLE LAWS 4
5 EMPLOYMENT PRACTICE 4
6 RECRUITMENT, SELECTION AND 5 APPOINTMENTS
6.1 Appointments by the Council 5
6.2 Statutory Provisions 5
6.3 Medical Report 5
6.4 Probationary Period 5 - 6
6.5 Relocation Expenses 6
6.6 Language Requirements 6
6.7 Grades of Appointments 7
6.8 Tenure of Appointment 7
6.8.1 Appointment of the Rector 7 6.8.2 Appointment of the Vice-Rector(s) 7 6.8.3 Permanent full-time appointments 7 - 8 6.8.4 Permanent part-time appointments 8 6.8.5 Contract Appointments (full-time or part-time) 9 - 10 6.8.6 Supernumerary Appointments 10 6.8.7 Seconded and Visiting Appointments 11
i 6.9 Minimum Qualification Requirements: Academic Staff 12
8.2 Scope and Application of Staff Development 16 - 17
8.3 Awards of SDS 17
8.4 Assistance from other institutions or organisations 17
8.5 Duration of SDS 17 - 18
8.6 Staff Development Loans 18
8.7 Grants for the attendance of congresses, seminars, symposiums or study programmes abroad 18 - 19
8.8 Attendance of local congresses, seminars, symposiums or workshops 19
8.9 Special study leave for short-term industrial or technological practice experience 19 - 20
8.10 Financial Aid for Research 20
9. REMUNERATION AND BENEFITS 21
9.1 Remuneration Package and Salary Scale 21 - 22
9.2 Assumption of Duty: Date of Commencement of Salary 22
9.3 Payment of Salary 22
ii 9.4 Incremental progression based on performance 22
9.5 Notch increases for improved qualifications 22- 23
9.6 Basic Salary 23
9.7 Deductions 23
9.8 Annual Bonus 23
9.9 Pension Fund 23
9.9.1 Compulsory Membership - Contributory Plan 23 - 24 9.9.2 Contributions 24 9.9.3 Contributions during leave without pay 24 9.9.4 Suspension of Membership 24 9.9.5 Increase of Pension Contributions 24
9.10 Gratuity for Expatriate and Namibian contract staff 24
9.11 Medical Scheme 24
9.11.1 Compulsory Membership 24 - 25 9.11.2 Contributions during leave without pay 24 9.11.3 Suspension of Membership 25 9.11.4 Contributions during leave without pay for study or research purposes 25
9.12 Allowances 25
9.12.1 Travel and Subsistence Allowances 25 9.12.2 Passage 26
9.17.2 Accrual of accumulative leave 32 - 33 9.17.3 Encashment of accumulative leave 33 9.17.4 Pre-retirement leave 33
9.18 Granting of leave 33
9.19 Bonus leave 34
9.20 Transfer of Leave Credits 34
9.21 Leave for study and research purposes 35
9.21.1 Conditions 35 9.21.2 Granting of Study Leave 35 9.21.3 Reporting after Study Leave 36 9.21.4 Sabbatical Leave 36
9.22 Study Leave without pay 36
9.23 Maternity leave 36
9.23.1 Taking of leave for confinement purposes 36 9.23.2 Earning of Leave during period of Confinement Purposes 36 9.23.3 Earning of Service Bonus during leave for Confinement Purposes 37
9.24 Special leave with full pay 37
9.24.1 For Examination Purposes 37 9.24.2 Compassionate Leave 37 9.24.3 For Cultural, Educational and Sport Activities 37
9.25 Sick leave 38
9.25.1 Taking of sick leave 38 9.25.2 Special sick leave 38
iv 9.25.3 Medical certificate 38 - 39 9.25.4 Sick leave without pay 39 9.25.5 Sick Leave: Temporary staff 39
9.26 Provisions regarding leave on resignation 39
9.27 Payment in lieu of leave on resignation, retrenchment, discharge, retirement or death 39
11.8 Obligations: Good faith and striving for Labour Peace 60
vii
12 TERMINATION OF APPOINTMENT 61
12.1 Resignation: Period of giving notice 61
12.1.1 Teaching staff 61 12.1.2 Administrative staff, Technical Staff and General Assistants 61
12.2 Discharge 61
12.3 Retrenchment 62
12.4 Termination of Service by death 62
12.5 Date on which salary shall end 62
12.6 Payments due on discharge, resignation or termination of service 62
12.7 Retirement on Pension 63
12.7.1 Normal Retirement Date 63 12.7.2 Pensionable age 63 12.7.3 Early Retirement Date 63 12.7.4 Appointment on Contract after retirement - Retention of Service 63 12.7.5 Continuation of Membership of the Medical Scheme 63 12.7.6 Death 63
viii
1 1. INTRODUCTION
1.1 Management of the Polytechnic
1.1.1 The governance and general control of the Polytechnic and all its affairs and functions shall be vested in the Council, which must supervise, and is accountable for the proper management and administration of the Polytechnic.
1.1.2 The Rector shall be the chief academic and administrative officer of the Polytechnic. S/he shall have a general responsibility to the Council for maintaining and promoting the efficiency, proper performance and good order of the institution.
1.1.3 The Rector shall carry the Council!s delegated authority in compliance with Section 11(3) of the Act and shall exercise management of and direction over the academic and administrative work of the Polytechnic.
Together with her/his management, staff and committees s/he is responsible for the identification and determination of strategic business directions, the development, implementation and recommendation of change of policies.
1.1.4 In the performance of his/her duties the Rector is assisted by employees to whom s/he may entrust responsibilities, delegate powers and from whom s/he may demand accountability. S/he shall not be divested of a power so delegated.
1.1.5 The Rector shall exercise delegated authority over all the academic and administrative staff and may exclude any person or suspend any employee from any part of the Polytechnic if s/he considers it in the best interest of the institution.
1.2 Official Channels of Communication
1.2.1 Management reserves the right to communicate essential information through by heads of sections, Schools and departments and through personal contact.
1.2.2 Employees are at liberty to approach their immediate supervisors in connection with any queries or problems they might have concerning their relationship with the Polytechnic.
1.2.3 On failing to elicit a satisfactory response from the said superior the subordinate may approach the next higher authority or level of management, one level at a time, until the matter has been resolved.
1.2.4 Only the Rector or his delegated representative may communicate official and confidential information concerning the Polytechnic to the public.
1.3 Organisational Structure
1.3.1 The organisational structure of the Polytechnic is determined by the Polytechnic of Namibia Act No. 33 of 1994, Statute, its mission, strategic aims and objectives, human resources requirements, functional division of activities and job or post structures.
1.3.2 Organograms for the different departments, sections and Schools are maintained by the individual department/sections and Schools.
1.3.3 All posts on the staff establishment shall be approved by Council.
2 2. DEFINITIONS
In this Code, unless the context indicates otherwise, a word or an expression defined in the Act or Statutes bears the same meaning and -
Abroad means in any foreign country or outside the borders of the Republic of Namibia.
Act means the Polytechnic of Namibia Act, 1994 (Act No 33 of 1994).
Academic staff means any incumbent of a post declared by Council to be an academic post.
Administrative staff means any incumbent of a post directly involved in the support of academic activities and staff and declared by Council to be an administrative post (job grades 1 - 16).
Academic year means the period from 1 January of a year to 31 December of that same year.
Accumulative leave are those additional leave days which may be accumulated and carried forward at the end of each leave cycle.
Annual leave means twenty (20) working days of leave in respect of each annual leave cycle.
Annual leave cycle means the period of twelve (12) consecutive months employment with the same employer.
Calendar day means any day in any month of a year.
Calendar month means a period from the first day of any one month to the last day of the same month.
Calendar year means a period from 1 January of a year to 31 December of that same year.
Compassionate leave means emergency leave granted from work on the grounds of death or a serious/incapacitating illness in the immediate family.
Conditions of employment means any provision governing the relations between the Council and employees and include any service benefits.
Council means the Council of the Polytechnic of Namibia established in terms of Section 6 of the Act.
Bonus leave cycle means a completed period of five (5) years of continuous, meritorious service without a final warning for any form of misconduct by permanent administrative staff members from the date of assumption of duty in a permanent position.
Dependent children means biological and legally adopted children under the age of 21 years, who are not employed.
Family means the spouse, child, parent, grandparent, brother, sister, father-in-law or mother-in- law of the employee.
Grievance means any personal dissatisfaction, discontent or feeling of injustice in connection with an employee!s work or employment relationship on the grounds of harassment, prejudice, victimisation or injustice that is brought to the attention of supervisors or of management.
3 Long leave means vacation leave of at least sixty-six (66) continuous working days.
Matriculation (abbreviation M) means the school leaving standard required to enrol at a tertiary education institution.
Meritorious Service means excellent/exemplary/landable/praiseworthy service deserving esteem, honour, reward, worthy of recompense.
Month means a period extending from a date in one calendar month to the date preceding the corresponding date in the following calendar month, both dates included.
M+3 vertical means any three-year tertiary qualification with the relevant field as a major.
M + 4 vertical means any four-year tertiary qualification with the relevant field as a major and which is an admission requirement to direct Masters studies.
A Polytechnic term means a period of time stretching from the first day of the commencement of academic operations in a particular block of a year until the completion of that specific educational period by an official recess or the end-of-the-year vacation. Normally four terms are determined annually in advance and are published in the Polytechnic calendar.
Pensionable age means the age of 60 years.
Policy means a statement by Council directing a course or principle of action to be adopted and pursued by the employees.
Private work means any work or service carried out for remuneration outside of the service of the Polytechnic, or outside the employee!s contract of employment with the Polytechnic.
Remuneration means any direct or indirect compensation in cash or its equivalent made or owed to an employee by virtue of her/his employment.
Retirement age means the age of 65 years.
Recess means those periods during an academic year when no official residential classes or regular examinations are conducted, and Academic members of staff have to remain on duty.
Salary scale means a progression between a minimum and maximum salary attached to a post.
Salary increment means the approved amount or notch by which the salary of an employee may be increased within the appropriate salary scale.
Senate means the Senate of the Polytechnic of Namibia referred to in Section 13 of the Act.
Sexual harassment means any form of unwelcome advances with sexual innuendos including repeated and unwanted sexual comments, suggestions or requests for favours, or physical contact found objectionable or offensive, and where its rejection or acceptance affects the victim!s employment status or job performance and/or creates a hostile and offensive work environment for the victim.
Sick leave cycle means a period of three (3) years calculated from the date of commencement of service, and each succeeding period of three years.
Special rent subsidy means the subsidy granted to Non-Namibian citizens, appointed on
4 contracts of two years or more in respect of housing expenses.
Standard means the acceptable efficiency, quality or degree of excellence expected or required for a particular activity or job or purpose.
Statutes means the statutes and regulations of the Polytechnic of Namibia.
Study Leave means leave which is granted to a staff member by Council solely for the purpose of pursuing formal studies or to do approved research.
Vacation leave cycle means a period of twelve (12) months commencing from the date of assumption of duty.
Workday (working day) means a day on which normal Polytechnic activities take place.
Year means a period commencing on any day of a particular month and extending for twelve (12) consecutive months to the date preceding the corresponding date.
3. APPLICATION
This Human Resource Code is applicable to all persons in the employ of the Polytechnic, irrespective of seniority, both academic and non-academic.
4. APPLICABLE LAWS
This Code and all future amendments thereto shall be subject to the Constitution of the Republic of Namibia, all the Acts promulgated by the Parliament pertaining to, and having a bearing on the staff policies of the Polytechnic, as well as the Polytechnic Act, and the Statutes and Regulations of the Polytechnic.
5. EMPLOYMENT PRACTICE
5.1 The Polytechnic is an equal opportunity employer. The institution condemns any form of discrimination on the basis of colour, culture, ethnic origin, gender, economic or social status, politics or religion.
5.2 The Polytechnic gives preference to the appointment of Namibian citizens. Where the potential exists among Namibian citizens, preference will be given to such potential with due regard to relative merit, minimum qualifications, efficiency, potential, quality and suitability.
5.3 External expertise which may be beneficial to achieving institutional goals and quality standards will be considered if no comparable Namibian candidate is available.
5.4 The principle of equal remuneration for work of equal value is applied according to established job evaluation and performance appraisal systems established.
5 6. RECRUITMENT, SELECTION AND APPOINTMENTS
6.1 Appointments by the Council
(i) All posts on the staff establishment shall be approved by Council. Every vacant post will be advertised externally and/or internally. Staff shall be appointed by the Council in specific posts on the approved organisational structure of a component at the recommendation of the selection committee.
(ii) The Council shall determine the requirements for and conditions of appointment in respect of qualifications, experience, health, suitability, age and for the determination of an appropriate rank within the approved post categories, structure and notch in accordance with the approved salary scales.
6.1.1 An applicant shall submit all her/his certificates of service from (a) previous employer(s) to verify specified work experience. Declared work experience for which no certificate or other acceptable verification of service can be provided shall not be recognised by the Council.
6.1.2 An applicant shall be recommended for appointment only if s/he meets all the requirements for the post.
6.1.3 Where possible every short listing and selection panel shall consist of at least one person from a designated group and one senior member with Namibian citizenship.
6.1.4 Only the Rector may approve a deviation from rule 6.1.2 after a written recommendation to this effect by the relevant selection committee.
6.1.5 No person shall be appointed permanently as a staff member, whether on probation or not, unless such person is a Namibian citizen.
6.2 Statutory Provisions
Staff appointments shall be subject to the statutory provisions pertaining to the Polytechnic and to the acceptance of the Human Resources Code in writing when a successful applicant accepts the employment offer.
6.3 Medical Report
6.3.1 Permanent staff appointments and contract appointments exceeding twelve (12) months shall be subject to proof of good health and, before a person may assume duty as a permanent staff member, s/he shall produce satisfactory proof of her/his good health, viz. a medical certificate inclusive of a chest X-ray and laboratory tests issued by a registered physician approved by the Polytechnic, on the prescribed form, at the expense of the institution.
6.3.2 Council may at any time request that any staff member submit a medical report as specified by Council by a registered physician, approved by the Polytechnic, on the prescribed form at the expense of the institution.
6.4 Probationary Period
6.4.1 Any appointment, permanent or on contract of more than one (1) year is subject to the successful completion of a probationary period of two years for academic staff and one year for administrative staff, technical staff and general assistants. A probationary appointment is a conditional appointment subject to the employee!s display of diligence and satisfactory conduct. Such an employee will be appraised regularly in order to ascertain whether s/he meets the required performance standards, whereupon the appointment may be confirmed, terminated or the
6 probationary period be extended. The Council may lay down special conditions to be met before confirming an appointment.
6.4.2 A probationary period may only be extended by three months for administrative staff, technical staff and general assistants and six months for academic staff.
The Polytechnic must provide the employee with adequate training, where appropriate, to allow the probationer to acquire the necessary competence and skills.
If the employee has misled the Polytechnic about her/his competence or skill during the job interview, the Polytechnic shall summarily terminate employment.
6.4.3 The probationary period of a staff member shall be extended by the number of days of unpaid leave taken during the period of probation or any extension thereof.
6.4.4 Should the Council discharge a staff member appointed on probation, if s/he does not measure up to the set standards for a particular position, such discharge shall be made either during, or immediately after the expiry of the period of probation, by giving one (1) months notice.
6.4.5 If the conduct of the staff member on probation is unsatisfactory, s/he may be summarily discharged with or without notice pay, after being granted the opportunity to be heard.
6.4.6 During the probationary period, the supervisor(s) of (a) staff member(s) on probation shall be required to submit a performance evaluation report on the performance of the staff member concerned. In the case of an academic staff member every six months and every three months for administrative staff, technical staff and general assistants.
6.4.7 The confirmation of the appointment upon expiry of the period of probation is subject to:
a) the certification of the probation report of the employee by the superior of the evaluator of the department or section concerned to the effect:
- that the employee has been diligent and competent, - that her/his conduct has been uniformly satisfactory, - that s/he is in every respect suitable for the confirmation of her/his appointment;
b) the approval of Council.
6.4.8 All benefits applicable to permanent staff members will apply to members of staff on probation.
6.5 Relocation Expenses
6.5.1 The Council undertakes to pay the actual relocation costs, as determined by it from time to time, of persons appointed as staff members and their family on the appointment of such persons.
6.5.2 The above passage and cartage costs shall be paid in terms of an agreement concluded between such persons and the Polytechnic.
6.6 Language Requirements
English is the official language of the Polytechnic. All staff members with the exception of those in job grade 13 and below, must be fully conversant with the English language. Staff of the ranks within job categories 13 and below must have a working knowledge of English.
6.7 Grades of Appointments
6.7.1 The organisational structure of the Polytechnic is determined by the Act, its mission, strategic aims and objectives, human resources requirements, functional division of activities and
7 job/post structures.
6.7.2 The Council in co-operation with and on recommendation of the Rector, the Senate and different Council committees, shall determine the grades, organisational structure and tenure of appointments.
6.7.3 All academic positions are graded by Council from time to time.
6.7.4 All the non-academic positions are graded according to the Peromnes evaluation system from 1 to 16, with job grade 1 being highest.
6.7.5 Privileges and benefits of a staff member will depend on the job grade of the particular post.
6.8 Tenure of Appointment
6.8.1 Appointment of Rector
6.8.1.1 The Rector shall be appointed in compliance with Section 11(2) of the Act and Part Three of the Statutes and Regulations of the Polytechnic of Namibia.
6.8.1.2 Where a suitably qualified and experienced Namibian candidate is identified s/he shall be given preference over externally recruited applicants.
6.8.1.3 No expatriate contract of employment shall be extended beyond the initial five year period of appointment.
6.8.1.4 A Namibian citizen who was appointed as Rector and who is for whatever reason not reappointed after serving the institution, will be offered a position and a salary package equivalent to the academic post of Director/Professor in either the Academic or Administrative Structure.
6.8.2 Appointment of Vice-Rector(s)
6.8.2.1 The Vice-Rector(s) shall be appointed in compliance with Section 12(1) of the Act and Part Four of the Statutes and Regulations of the Polytechnic of Namibia.
6.8.2.2 A suitably qualified and experienced Namibian candidate shall be given preference over externally recruited applicants.
6.8.2.3 No expatriate contract of employment shall be extended beyond the initial 4 year period of appointment.
6.8.2.4 A Namibian citizen who was appointed as Vice-Rector and who is for whatever reason not reappointed after serving the institution, will be offered a position and a salary package equivalent to the academic post of Director/Professor in either the Academic or Administrative Structure.
6.8.3 Permanent full-time appointments
6.8.3.1 No persons over the prescribed retirement age may be appointed on a permanent full- time basis.
6.8.3.2 The appointment requirements and benefits thereof, will be in accordance with the policy governing recruitment and selection as decided by Council from time to time.
6.8.3.3 The following benefits are intrinsic to permanent full-time appointments:
8 salary annual bonus (13 th cheque) pension scheme housing loan/rent allowance medical aid scheme cartage for household effects payable as decided by the Council from time to time transport of staff member and family upon appointment, payable as decided by the Council from time to time leave benefits all other allowances as determined by Council from time to time. The specific amounts in monetary terms will be determined at the time of appointment. transport allowance
6.8.4 Permanent part-time Appointments
6.8.4.1 A permanent part-time appointment is made for a post created on the approved organisational structure of a specific component and, therefore, forms an integral part of the total organisational structure of the Polytechnic.
6.8.4.2 The norm is to activate such a post on the basis of part of a working day, i.e. a person appointed on a permanent part-time basis will be required to work either in the mornings, in the afternoons and/or in the evenings for either a maximum of 5 / 8 th or a minimum of 3 /8 th of full-time remuneration.
6.8.4.3 The following benefits are intrinsic to permanent part-time appointments:
salary annual bonus (13 th cheque) pension scheme (optional) medical aid scheme (optional) leave benefits rent allowance all other allowances as determined by Council from time to time The specific amounts in monetary terms will be determined at the time of appointment. transport allowance
6.8.5 Contract appointments (full-time or part-time)
6.8.5.1 Contract appointments are made for a specified period. The period of the contract is of a temporary nature and will vary depending on the needs of the institution.
6.8.5.2 Contract periods can be considered up to a maximum of five (5) years.
9 6.8.5.3 Non-Namibians who are selected for appointment will be appointed normally on two- year contract terms. These contracts may be renewed if no qualified Namibians are available for appointment in the vacant post. Appointments involving periods of less than two years can also be concluded.
6.8.5.4 For contracts of two (2) years or more, the post shall be advertised six months prior to the end of the contract. If no suitable candidate can be recruited, the Registrar/Dean/Head/Bursar together with the contract staff member shall advise the Rector three (3) months prior to the end of the contract that a further contract should be considered.
6.8.5.5 The criteria and principles for contract appointments are the following:
to acquire academic, administrative or technical competence or skills not available in proven scarcity Namibia. The contribution of the selected individual should be carefully and selectively weighed against the overall appointment costs involved of the required staff in Namibia to undertake and complete specified projects in a predetermined time.
6.8.5.6 Contract appointments are subject to approval by the delegated authority, and for Non- Namibians, legislation governing entry into the country and the issue of work permits.
6.8.5.7 All contract appointees of two years or more are subject to bi-annual appraisals in order to ascertain whether they meet the required performance standards set by the Polytechnic.
6.8.5.8 The following benefits are intrinsic to contract appointments:
(a) Non-Namibians on contracts of two years or longer:
salary annual bonus (13 th cheque) gratuity special rent subsidy medical aid scheme cartage for household effects at the beginning and end of the contract - payable as decided by the Council from time to time. transport of the staff member, and family at the beginning and end of the contract, payable as decided by the Council from time to time. leave benefits (pro rata). transport allowance
(b) Namibians and permanent residents on contracts of two years or longer:
Salary annual bonus (13 th cheque)
10 gratuity or pension housing loan or rent allowance medical aid scheme cartage for household effects at the beginning and end of the contract - payable as decided by the Council, from time to time. transport of staff member, and family at the beginning of contract from places outside Windhoek, payable as decided by Council from time to time. leave benefits (pro-rata) transport allowance
(c) Less than two-year contract: (Namibians and Non-Namibians)
salary annual bonus (13 th cheque) rent allowance (not for contracts less than twelve (12) (months) leave (pro rata on annual entitlement) medical aid scheme optional, but not for less than one year (12 months) transport allowance The specific amounts in monetary terms will be determined at the time of appointment.
6.8.6 Supernumerary Appointments
6.8.6.1 This appointment type has bearing on ad hoc appointments on contract to perform required services on a temporary, intermittent and piece work basis and includes appointments for:
tuition on an hourly basis for a specified amount of hours on specific days of the week for a predetermined time; preparation of study material, tests, and examinations any aid needed during examination, registration or times of crises.
6.8.6.2 Remuneration will be paid in accordance with salary and hourly tariff guidelines as approved by the Council.
6.8.6.3 Salary or an hourly tariff, is the only benefit applicable to this appointment type.
6.8.7 Seconded and Visiting Appointments
6.8.7.1 The appointment of Seconded or Visiting staff shall be subject to approval by the Council, on recommendation of the Human Resources Committee.
6.8.7.2 The Seconded and Visiting staff shall be appointed on such terms and for such periods as the Council, the appointee, and the seconding institution (where applicable), may agree upon.
11 6.8.7.3 The obligation of the Polytechnic regarding the emoluments, allowances, and other benefits in respect of the seconded or visiting appointees, shall be specified in the letter of appointment.
6.8.7.4 Donating or supporting agencies will be required to forward the curricula vitae of the proposed candidates prior to their recruitment. All seconded or visiting lecturers should sign an undertaking, linked to their contracts, to bind them to their service contracts.
Industry AND/ OR Lecturing Original scholarly and innovative contribution to field of expertise during the past two years
Tutor/ Lab Technician
M + 3 (Diploma or Degree)
Assistant Lecturer/ Junior Lecturer M+4 degree (Bachelor or Honours) in the field of specialisation equivalent.
Lecturer Masters degree in the field of specialisation. Under special or unusual circumstances the requirement may be waived upon demonstration of appropriate training, competence, experience or equivalent qualifications.
1
Assistant Professor/ Senior Lecturer Doctors degree or other terminal degree in the field of specialisation. Under special or unusual circumstances the requirement may be waived upon demonstration of appropriate training, competence or experience or equivalent qualifications.
2
Deputy Director (Associate Professor)
Doctors degree or other terminal degree in the field of specialisation. Under special or unusual circumstances the requirement may be waived upon demonstration of appropriate training, competence, experience or equivalent qualifications.
3 Professor (Director) Doctors degree or other terminal degree in the field of specialisation. Under special or in unusual circumstances the requirement may be waived upon demonstration of appropriate training, competence, experience or equivalent qualifications.
4
NB: 1 Qualifications must be obtain from a university of recognized standing in a field relevant to the requirements of the position.
EXPERIENCE QUALIFICATIONS LECTURING/RELEVANT WORK
PUBLICATIONS (field-relevant, peer-reviewed)
TYPE (vertical appropriate)
PTS
YEARS
PTS
NUMBER
PTS
3-Year Degree 3-Year Diploma
3
O ne
1
One Paper/Booklet One Book
1 3
4-Year Degree/Honours B. Tech Higher Natl. Dipl.
5
Two
2
Two Papers/Booklets Two Books
2 6
Master!s Degree Master!s Diploma M. Tech
7
Three
3
Three papers/Booklets Three Books
3 9
Doctorate
9
Four
4
Four Papers/Booklets Four Books
4 12
OTHER
Relevant Post Degree/Diploma Teaching Qualification
1
Five Six - Ten/More
5 6 -1 0
Five or More Papers Five or More Books
5 15 NB: Alternative computations of qualifications and experience may be allowed by the Council.
NB: Alternative computations of qualifications and experience may be allowed by the Council.
14 6.11 Temporary replacements of staff
6.11.1 The duties of a staff member who is away on leave shall normally be absorbed by the department, School or section.
6.11.2 The Dean, Bursar or Registrar will have to justify, in writing to the Rector, the necessity of a replacement.
6.11.3 Consideration for employing a replacement shall be given only in those instances where tasks of a critical nature cannot be absorbed by other staff members in the School/section and if the necessary funding is available in the budget of the School/section.
6.11.4 A contingency reserve, equivalent to the basic salary of a senior lecturer or the administrative equivalent, will be provided annually under the Dean!s, Bursar!s and Registrar!s budgets. This fund may only be used to address personnel problems of the School/section.
6.12 Promotion of Staff
6.12.1 The Polytechnic shall endeavour to promote deserving staff to vacant senior positions on the approved organisational structure.
6.12.2 Promotion shall be at the discretion of the Human Resources Committee, strictly on the basis of excellence and meritorious performance on the recommendation of the Rector upon submission of a report from the Dean of the School and the head of the department or the head of a section.
6.12.3 In order to be eligible for promotion an employee must comply with all the minimum requirements in respect of qualifications and experience applicable to the particular post.
6.12.4 Deserving staff members may apply for vacant senior positions and if found appointable may be appointed to the vacant position(s).
15 7. PERFORMANCE APPRAISAL AND MERIT AWARDS
7.1 Appraisal is a continuous, quantifiable and systematic process of staff evaluation with regard to past job performance and development potential intended to:
provide guidelines for decisions regarding tenure, transfer, promotion, termination of service, retrenchment and salary and wage administration and recommendations support staff in their professional and potential development to enable them to qualify for advancement identify individual and organizational training needs plan staff development encourage everyone to reflect on her/his performance at work - obtain performance feedback reward meritorious service or work - recognition of individual performance improve institutional efficiency and effectiveness assist in goal identification.
7.2 The Polytechnic reserves the right to an additional staff evaluation in the following situations:
before permanent appointment prior to promotion to a higher level post
7.3 The performance of all permanent staff members and contract appointments exceeding one year shall be evaluated on an annual basis, applying criterion and/or norm referencing depending on the pursued evaluation objectives. These criteria must be specific and job-related.
7.4 Staff members who excel in their work and rendering of service to the community, will be recommended by their respective departments, centres and Schools for promotion, salary increases, lump-sum cash incentives, commendation or for various other honours awarded by the Polytechnic. There must be a clear relationship between merit awards or raises and meritorious performance.
7.5 The performance evaluation is not limited to superior-subordinate appraisal, but may include 360 degree appraisal and benchmark, or external evaluation.
7.6 The appraisal of an employee!s performance, may be carried out by more than one party. (Employee!s superiors, peers, subordinates, students, the employee her/himself or external bodies.)
7.7 The selection of an appraisor, or the combination of appraisors, will be appropriate for the post being evaluated and to the purpose of the appraisal.
16 8. STAFF DEVELOPMENT AND TRAINING
8.1 Introduction
8.1.1 The Council supports the continuous development of staff members in order to keep pace with technological and appropriate changes in their fields of work and increased global and domestic competition which necessitates competitive strategies.
8.1.2 The human resources development framework shall be made up of career development, skills training, and competency based vocational education coupled with organisational development initiatives aimed at improving individual, departmental and organisational effectiveness and efficiency.
8.1.3 The development/training focus shall be on the competencies required for effective and efficient job performance (knowledge, skills and attitude).
8.1.4 All staff have access to human resources development within the context of identified departmental, institutional and individual needs or requirements, provided these fall within the limits of available funds.
8.1.5 Responsibility for human resources development resides with both the employer and the employee. The Polytechnic shall provide an environment which is conducive to human resources development and provide resources to enable members of staff to study for advanced degrees and diplomas in work-related fields.
8.1.6 Every head of a department or section is accountable for identifying development or training needs and ensuring that their staff receive appropriate development or training opportunities.
8.1.7 The Council may instruct any staff member at any time to undergo education or training or further education or training.
8.2 Scope and Application of Staff Development
8.2.1 The following employees are eligible to compete for the award of a Staff Development Scholarship (SDS):
8.2.1.1 Namibian citizens who are appointed on a permanent full-time basis, and who have been in the employ of the institution for a period exceeding three (3) years.
8.2.1.2 Employees with the status of !permanent resident! who have been in the employ of the institution for a period exceeding five (5) years.
8.2.2 Staff Development Aid
8.2.2.1 All permanent members of staff, and contract appointments exceeding one (1) year, both administrative and academic, may apply for Staff Development Aid for external or internal extra-curricular courses lasting for no longer than the equivalent of three months of continuous studies (e.g. computer and English language courses). The intended study should be relevant to the job situation of the employee, a training need within the Polytechnic, and aimed at improving her/his competence to the benefit of the employee and the Polytechnic.
8.2.2.2 Staff members who wish to undertake studies at the Polytechnic itself or at the
17 University of Namibia may receive SDA only to purchase books and materials but must attach proof of purchase and the prescribed books list of the institution for refunding purposes.
8.2.2.3 Staff members undertaking courses either at the Polytechnic or at the University of Namibia are exempted from tuition and class fees, but must pay registration fees.
8.2.2.4 Staff members shall not simultaneously study on a full-time basis at any other tertiary institution if they have been registered either at the Polytechnic or at the University of Namibia or at any other institution. Any registration for additional courses shall be approved by Council.
8.3 Award of SDS
8.3.1 The relevance of the study to institutional and national needs will condition the granting of the award. A higher priority will be accorded to programmes which show greater promise towards generating the biggest impact in the upliftment of the quality of life in the Namibian society, on sustainable economic development and environmental conservation.
8.3.2 SDS will be awarded solely at the discretion of the Council. Strict selection criteria will be applied. Staff members who have distinguished themselves through exceptionally meritorious work performance and an excellent academic record, will be considered.
8.3.3 SDS may be awarded with pay as agreed upon for studies both at institutions in Namibia or abroad, undertaken on full-time, part-time or distance learning mode.
8.3.4 Where the course undertaken will necessitate continuous study over a period of time, study leave with full pay may be approved as necessary. No vacation leave shall accrue to the staff member during a period of absence on a staff development programme with full pay.
8.4 Assistance from other institutions or organisations
8.4.1 SDS may be granted for a specific period of time, within which the studies must be completed. During this period a member of staff who is already receiving SDA or SDS is not allowed or entitled to receive further financial assistance from any other institution or organisation, unless it can be proved, beyond doubt, that the amount allocated by the Polytechnic is not enough to cover bona-fide expenses.
8.4.2 A supplement SDS may be granted to a staff member who receives financial assistance from any other institution or organisation, if s/he can prove, beyond doubt, that the amount received is not enough to cover all bona-fide expenses.
8.4.3 Any further assistance must be approved by the Human Resources Committee.
8.5 Duration of SDS
8.5.1 SDS may be awarded once for a particular qualification and should cover the duration of the study. Financial assistance for B.Tech, Honours, Master!s and Doctorate Degrees will be determined on merit by the Human Resources Committee.
18 The study period will be as follows:
Qualification
Full-time
Part-time
B.Tech/Hons (post diploma)
1 year
3 years
Master!s Degree or equivalent
2 years
4 years
Doctor!s Degree or equivalent
3 years
5 years
8.5.2 Should an employee fail to complete her/his studies within the above stipulated study period or suspend her/his studies, or terminate service at the Polytechnic before successful completion of the studies, s/he shall be required to pay back all monies (remuneration included) relating to the SDS paid out to her/him at current market related interest rates. Interest shall be calculated at the prime overdraft rate applicable at the time when the monies are due and payable and effective from the date of payment of the SDS by the Polytechnic and compounded on the last day of each year. A certificate, signed by someone identified in the certificate (or otherwise) as a manager or accountant of First National Bank, setting out the prime overdraft rate for a particular period will be proof of the applicable interest rate during that period. This calculation of interest shall apply mutatis mutandis throughout the Human Resources Code.
8.5.3 All employees who receive SDS must submit a progress report on an annual basis. Failing to do so may result in the cancellation and repayment of financial aid received at current market related interest rates.
8.5.4 An employee who has been on SDS-leave with full pay, will be expected to work for the institution for a period equal to at least twice the period of study or as stipulated in her/his SDS- contract, or repay the amount/ remuneration received, at the full or a pro rata portion repayment on termination of service at current market related interest rates. Interest shall be calculated at the prime overdraft rate applicable at the time when the monies are due and payable and effective from the date of payment of the SDS by the Polytechnic and compounded on the last day of each year.
8.6 Staff Development Loans
8.6.1 Assistance with study costs for staff members who do not qualify for SDS will be considered upon application. An interest free loan covering the whole or part of the study fees for approved, work-related courses or programmes may be granted on the recommendation of the Bursar/Registrar/ Dean/Director/Manager and upon approval by the Rector.
8.6.2 Repayment shall start immediately after the study fees have been paid to the educational institution concerned.
8.6.3 These study loans are granted on a year to year basis. Before a loan for the following study year is paid, the staff member shall:
8.6.3.1 settle the loan debt of the preceding year.
8.6.3.2 submit a satisfactory progress report to the Human Resources Committee which will decide whether to continue with the loan or not.
8.7 Grants for the attendance of congresses, seminars, symposiums or study programmes abroad.
8.7.1 The Polytechnic and its staff can benefit from staff exposure to the latest developments, ideas or trends in education, training and technology.
19 8.7.2 Management, within budget constraints, will budget annually for such study grants for permanent staff members. Junior personnel (junior lecturers and lecturers and jobgrades 8 - 10), shall only qualify after two (2) years of service.
8.7.3 The Polytechnic must benefit directly from such visits which shall be approved by the Rector upon recommendation by the Dean/head of department/section after a need has been established in terms of identified individual or organisational development requirements.
8.7.4 Preference will be given to staff members who will be actively involved (facilitator, presenter) in the study programme, congress, conference, seminar, symposiums or workshop, and who have the potential and the ability to share their newly-derived knowledge with their colleagues and other sectors of the education system and industry.
8.7.5 Generally only one staff member of the Polytechnic will attend a specific congress, study program, symposium or workshop. If departments or Schools find it necessary to send more than one staff member to the same event, a motivation must be submitted to the Rector for her/his approval.
8.7.6 Every staff member will present a typed, academic report of her/his congress, conference, seminar, symposium or study programme experience, abroad within one (1) month after attending the congress, conference or study programme to the Board of Studies, the Rector and the library.
8.7.7 A staff member who receives such a grant will remain in the service of the Polytechnic for twelve (12) months after return. If s/he fails to honour this agreement s/he will have to repay the grant on a pro rata basis at market related interest rates.
8.8 Attendance of local congresses, seminars, symposiums or workshops.
8.8.1 Attendance of approved local congresses and seminars which are Polytechnic, education, industry and work-related, will be regarded as paid working time.
8.8.2 Attendance of such congresses, seminars or activities for private purposes will be regarded as leave taken.
8.8.3 The Rector, Vice-Rector(s), Registrar, Bursar or Deans shall determine the status of a local congress, seminar, symposium or workshop.
8.9 Special study leave for Short-term industrial or technological practice experience
8.9.1 The Council expects from every academic staff member to keep up with the latest developments in technology in her/his field of study and to broaden her/his practice experience.
8.9.2 Special study leave will be granted to a permanent staff member who has been in the employ of the Polytechnic for at least three (3) years subject to the approval of the Rector on the recommendation of the Dean, Bursar or Registrar.
8.9.3 Special study leave for industrial practice experience locally or abroad shall not be granted for more than fifty (50) working days on a day for day basis (Vide: Section 9.20.2.1). A temporary replacement may be made in accordance with Section 6.11.
8.9.4 Meaningful industrial or technological practice experience forms part of a lecturer!s CV and will be taken into consideration during the performance appraisal.
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8.9.5 Before special study leave referred to in this paragraph is granted to an employee, s/he shall give a written undertaking to the Council in which s/he commits her/himself to work for a period as determined by Council for the Polytechnic after completion of the period of practice experience in the industry. If s/he fails to honour the agreement, s/he will have to repay the total costs for the days of special study leave granted at market related interest rates.
8.9.6 Lecturers placed in the industry remain in the full-time employment of the Polytechnic with all the rules and regulations applicable.
8.9.7 The control over the relevance and quality of the practice experience rests with the Dean, Bursar or Registrar.
8.9.8 The lecturer who was granted special study leave will compile a written report for the board of studies, the Rector and the library within one (1) month after completion and s/he will transfer the knowledge and skills obtained to her/his colleagues.
8.10 Financial Aid for Research
The Council may, subject to agreed upon conditions, consider giving financial aid to a full-time permanent staff member to undertake research in the institutional or national interest.
21 9. REMUNERATION AND BENEFITS
(i) The Polytechnic follows a Total-Cost-to-Employer remuneration policy for academic staff and administrative staff from JG1 to JG5.
(ii) Included in the Total-Cost-To-Employer package of each employee are the following earnings, allowances and company contributions:
Basic Salary Housing Allowances Annual Bonus (13 th cheque) Pension Fund Gratuity for Expatriate and Namibian contract staff Medical Scheme
(iii) Employees will be allowed to structure their packages, taking into account their individual needs, within the following guidelines:
Structuring and restructuring may only occur upon annual increases (which should be viewed as a renegotiation of terms of employment) or upon appointment or promotion: The basic salary should never be decreased, as this could lead to a salary sacrifice attack by the Directorate of Inland Revenue. (Section 95 of the Income tax Act 24 of 1981, as amended (the Act).
(iv) Three cornerstones provide the limits to ensure a disciplined remuneration policy:
Job evaluation is the technique used for establishing job grades and to provide a framework for the salary structure of the non-academic staff.
The Polytechnic uses the Peromnes job evaluation system which evaluates and classifies all posts in one of 19 groups. The Polytechnic has reduced the job grades to 16 groups.
The Peromnes system measures the points and degree of accountability, complexity and responsibility of jobs in the Polytechnic and provides the basis for determining salary ranges for all job grades through the application of a remuneration model.
The job evaluation system used will be applied in a logical and systematic manner and endeavours to be as fair and equitable as is possible.
9.1 Remuneration Package and Salary Scale
9.1.1 The remuneration package, salary scale and commencing salary of a staff member and any amendment thereof shall be determined by the Council after a scientific market benchmarking.
9.1.2 Any staff member of exceptional ability or possessing special qualifications or who has rendered
22 meritorious service, or, if it is in the interest of the Polytechnic, may be:
9.1.2.1 advanced within the scale applicable to her/him.
9.1.2.2 paid a salary in accordance with a higher salary scale than her/his current scale on recommendation of the Rector, for approval by Council.
9.1.3 No staff member may claim as a right any additional remuneration in respect of any official duty or work which is performed or is required by a head of an organisational component to be performed by her/him during normal working hours in addition to her/his ordinary official duties of work.
9.2 Assumption of Duty: Date of Commencement of Salary
A salary shall be paid to every person appointed on the permanent or temporary staff establishment of the Polytechnic, with effect from the date of assumption of duty up to and including the date of termination of service. The date of assumption and termination of service shall be determined by the Council.
9.3 Payment of Salary
The salary of each staff member shall be paid monthly (15 th day of a month) into her/his account at a bank or other financial institution.
It is the responsibility of the staff member, however, to furnish the name of such institution and her/his account number to the Human Resources Department.
The first salary after commencement of service, and the last salary after termination of service are only payable at the end of that particular month.
9.4 Incremental progression based on performance
Salary progression at the Polytechnic shall not be automatic but be related to and based on performance during the preceding year, conduct, industry, discipline and punctuality.
9.4.1 The awarding of any salary increment shall be subject to either the successful completion of the probationary period or the recommendation of an increase after a successful performance appraisal.
9.4.2 If the salary of an employee is not increased in terms of Section 9.4.1, s/he shall be informed in writing of the reasons therefor.
9.4.3 The granting of salary increases depends on comparison with salaries in the market place, existing equity, performance standard, and the financial situation of the Polytechnic with regard to subsidies received from the Central Government.
9.5 Notch increases for improved qualifications
9.5.1 Members of staff are eligible for a one notch increase on obtaining a vertical, higher qualification equivalent to at least M + 3 and directly related to one!s professional field.
9.5.2 A staff member will be granted two notches for a Master!s or Doctoral Degree in her/his professional field.
9.5.3 Such a salary adjustment will be made at the beginning of the month in which written proof of the
23 completion of the relevant qualification has been submitted.
9.5.4 A staff member who was registered for a qualification on her/his appointment will not receive a notch increase for obtaining the qualification s/he was registered for at the date of her/his appointment.
9.5.5 A staff member on the top notch of her/his salary scale shall not receive any notch increase for obtaining a higher vertical qualification. S/he shall receive an achievement bonus of once (1x) her/his present maximum annual salary increment for a M + 4-qualification, twice (2x) her/his present maximum salary increment for a Master!s Degree and thrice (3x) for a Doctoral Degree.
9.6 Basic Salary
9.6.1 The basic salary shall comprise a minimum of 25% of the employees Total-Cost-To-Employer package. The full earning is subject to Pay-As-You-Earn taxation.
9.6.2 When employees restructure their remuneration packages, the basic salary may under no circumstances be reduced (salary sacrifice).
9.7 Deductions
9.7.1 Only such salary deductions obligatory by law, or authorised by the Council, or which the staff member consented to in writing in favour of the Polytechnic, shall be effected.
9.7.2 If the staff member owes the Polytechnic money, the institution shall deduct the amount from the salary in accordance with the provisions of the Labour Act.
9.8 Annual Bonus
9.8.1 The annual bonus forms part of the employees remuneration packages.
9.8.2 The service bonus shall be paid in the calendar month in which the staff member celebrates her/his birthday.
9.8.3 The Polytechnic Council reserves the right to alter annual bonuses as it may deem fit.
9.8.4 During the first or last year of a staff member!s appointment, or the service bonuses shall be payable on a pro rata basis, i.e. for the period from the date of appointment to the anniversary of the birthday.
9.8.5 Any period of leave without pay granted during the twelve months preceding the payment date of the service bonus, exceeding ten (10) consecutive working days per month shall be taken into account in determining the amount of the bonus on a pro rata basis.
9.2.6 An employee who absconds from duty shall not qualify to receive the service bonus.
9.9 Pension Fund
9.9.1 Compulsory Membership - Contributory Plan
A staff member appointed in a permanent full-time capacity shall be obliged to become a member of the Pension Fund. Staff appointed on a permanent part-time basis and Namibians on contract basis have a choice.
9.9.1.1 All pension matters are governed by the rules of the pension fund of the Council.
24 9.9.1.2 The management, administration and control of the Pension Fund are vested in a Board of Trustees.
9.9.2 Contributions
The contributions of staff members and the Polytechnic to the fund shall be as determined by the Council from time to time.
9.9.3 Contributions during leave without pay
9.9.3.1 When a member of the pension fund is absent on leave without pay with the consent of the Council, s/he must pay her/his own as well as the Polytechnic!s contribution to the fund for the full period of leave without pay if s/he wishes to continue with contributions.
9.9.4 Suspension of Membership
If, during a period of leave without pay, a member of the fund chooses not to make any contributions, and where applicable, the contributions of the Polytechnic, s/he may apply for suspension of membership during such period of leave without pay. On resumption of duties, s/he need not reapply for membership.
9.9.4.1 During such a period of suspended contributions no benefits will accrue or be available to a staff member.
9.9.5 Increase of Pension Contributions
A member may make additional voluntary contributions subject to the rules of the pension fund.
The Human Resources Department shall assist a member if s/he should consider taking such a step.
9.10 Gratuity for Expatriate and Namibian contract staff
9.10.1 Expatriate staff members recruited on contract for a minimum period of 24 months shall be paid a gratuity as part of the remuneration package calculated at the remuneration package, earned during the period of service of contract. A gratuity will only be payable on a pro-rata basis if the staff member has completed ! of the contract. Namibian citizens and permanent residents have a choice between the gratuity or a pension contribution.
9.10.2 A staff member appointed on contract for less than 24 months shall not receive gratuity.
9.10.3 The gratuity of a contract staff member shall be payable to her/him on the last day of her/his contract.
9.11 Medical Scheme
9.11.1 Compulsory Membership
9.11.1.1 The Polytechnic at present underwrites the medical scheme of Namibia Medical Care Administrators (N.M.C.A.) and subsidises the monthly contributions of its staff members to the scheme as decided by Council from time to time.
9.11.1.2 Membership of the scheme is compulsory for all permanent staff members earning more than a specified minimum salary per year, unless her/his spouse is a member of another medical scheme. In such case the staff member may elect to be registered as dependant
25 under the spouses scheme.
9.11.1.3 If a married staff member and her/his dependants are not entitled to benefits in respect of a spouse!s medical scheme, s/he may apply for membership of N.M.C.A.
9.11.1.4 Staff members earning the specified minimum per year or less, may request voluntary membership, but if accepted, may not relinquish membership.
9.11.1.5 Employees appointed on contract exceeding twelve (12) months, shall have a choice with regard to membership of N.M.C.A. under the same conditions as the permanent staff members, if they join the fund on the date of appointment.
9.11.1.6 If they join at any later date they may only start claiming after a waiting period of three months.
9.11.1.7 The medical scheme is governed by the rules of the particular scheme approved by Council.
9.11.2 Contributions during leave without pay
The provisions of paragraph 9.8.3 shall apply mutatis mutandis.
9.11.3 Suspension of Membership
If, during a period of leave without pay, a member of N.M.C.A. is unwilling or unable to pay her/his own contributions and, where applicable, those of the Polytechnic, s/he may apply for suspension of membership during such period of leave without pay. On resumption of duties, s/he need not reapply for membership.
9.11.4 Contributions during leave without pay for study or research purposes
The provisions of paragraph 9.8.3 shall apply mutatis mutandis.
9.12 Allowances
Allowances will be paid to members of staff upon appointment, as appropriate, and at such rates, as will be determined by Council from time to time.
9.12.1 Travel and Subsistence Allowances
9.12.1.1 Travel and subsistence allowances, as determined by the Council, shall be paid to staff or Council members who have to travel in the interest of the Polytechnic, where the members time is fully and wholly occupied with Polytechnic business.
9.12.1.2 Travel of any staff member is subject to approval by the Dean/Bursar/ Registrar/Rector.
Travel outside of Namibia is approved by the Rector, whose travel is approved by the Chairman of Council.
9.12.2 Passage
9.12.2.1 Namibian citizens
26 Namibian citizens under full-time permanent appointment shall be entitled to:
(i) Passage cost
A free passage, as determined by Council from time to time, from the place of recruitment to Windhoek for the staff member and her/his family, is payable by the institution upon appointment. The passage cost shall be repayable by the staff member on a pro rata basis, at market related interest rates if s/he resigns before expiry of three years of service.
(ii) Cartage/baggage cost of household goods
Cartage/Baggage cost is payable up to a maximum, as determined by Council from time to time. The passage and cartage/baggage cost shall be repaid by the appointee on a pro rata basis at market related interest rates, if s/he resigns before termination of the contract or before expiry of three years of service.
Namibian citizens on long-term contract appointment, shall be entitled to cartage and baggage cost as determined by Council from time to time. On termination of the contract by the employer or employee before the expiry date, or before completion of three (3) years of service, the employee will repay the cartage costs incurred upon appointment, on a pro rata basis at market related interest rates.
Namibians who have permane*nt residences outside Namibia, may receive cartage cost only for inward bound goods on terms which are similar to those of expatriate staff.
9.12.2.2 Expatriate staff and Contract Namibian staff
(i) Passage Cost
On first appointment, the staff member and her/his family shall be entitled to free passage, at the beginning of the contract and within 30 (thirty) days after the end of the contract, and the amount and manner will be as agreed with the Rector and on presentation of proof of passage, in the form as determined by Council. The passage cost shall be repayable by the staff member on a pro rata basis, at market related interest rates if s/he resigns before expiry of three (3) years of service or of the contract, whichever is applicable.
(ii) Cartage/baggage cost of household goods
Expatriate staff shall be entitled to cartage/baggage cost in terms of either excess baggage by air, or tonnage by sea, on appointment as well as at the end of a non- extended employment contract. The baggage/cartage has to be shipped out to the place of origin within 30 (thirty) days after termination of the contract, and the amount and manner will be as agreed with the Rector and on presentation of proof of passage, in a form determined by Council. The actual amounts shall be determined by Council from time to time.
(iii) The cartage/baggage cost shall be repayable by the staff member on a pro rata basis, at market related interest rates if s/he resigns before expiry of the contract.
9.12.2.3 Resettlement Allowance
27
A resettlement allowance as determined by Council from time to time may be paid to persons appointed from outside the boundaries of Namibia. The resettlement allowance shall be repayable by the staff member on a pro rata basis, at market related interest rates if s/he resigns before expiry of the contract or three years of service, whichever is applicable.
9.12.3 Acting Allowance
(i) Staff members acting in a higher capacity for a continuous period exceeding one (1) month, or staff members who are doing additional work, subject to approval by the Rector, shall receive a non-pensionable acting allowance up to a maximum of two (2) notches on the maximum of their salary scale.
(ii) The position in which the employee acts must be graded at a higher level than the employee!s job in order for the employee to receive an acting allowance.
(iii) The acting allowance will only be paid if the incumbent is capable of assuming the full accountability, responsibilities and requirements of the position or job.
(iv) The acting allowance is added to the incumbent!s monthly salary but is not taken into account for pension, bonus or other benefits.
9.12.4 Deans Allowance
Deans shall receive a non-pensionable allowance equal to three (3) notches on the maximum of the salary scale of a Director.
9.12.5 Head of Department Allowance
Heads of departments shall receive a non-pensionable allowance equal to two (2) notches on the maximum of the salary scale of a Senior Lecturer.
9.12.6 Transport Allowance
A transport allowance may be paid to a staff member who is authorised to use private transport, or other means of transport, on official duties. A tariff per kilometre, as approved by Council, will be applicable, provided that the total expenditure attached to the use of the said transport does not exceed that which the Council would have paid if Polytechnic or public transport was used.
9.12.7 Subsistence Allowance
9.12.7.1 A subsistence allowance may be paid to any staff member who travels within or outside the borders of Namibia in the performance of her/his duties. The actual amount and the conditions will be determined by Council from time to time.
9.12.7.2 Where the trip encompasses a period of time on private matters no claim may be made in respect of that period.
9.12.8 Housing Allowances
9.12.8.1 Collateral on Housing Loan - First-home-owner!s loan
28 (i) The amount of the collateral is determined by the salary of a staff member and the approved housing scheme of the Council.
(ii) The Council shall provide the collateral required by the financial institutions providing home loans in the form of a written guarantee. The full amount of the loan must be obtained from an approved financial institution by the staff member. (iii) In the case of a married couple who is employed by the Polytechnic, only one party shall qualify to participate in the collateral scheme.
(iv) Collateral will only be considered for the purchase of a house/flat for personal occupation.
(v) A home acquired through the loan scheme may not be let. If let, no subsidy shall be payable to the employee.
(vi) An employee may sell the home s/he has acquired under the loan scheme and be granted a second loan to acquire a new home: provided that the profit realised shall be utilised as part payment towards the new home. This concession shall be granted only once.
9.12.8.2 Home Owner!s Allowance/Subsidy
(i) A home owner!s subsidy may be paid to employees as part of their remuneration package whether under the housing loan scheme or not, on condition that the house is not fully paid. The exact amount will be determined by Council, but will depend on the value of the house subject to a maximum, the current interest rates and the employees salary.
(ii) A subsidy is only granted to an employee if neither the employee nor her/his spouse receives a subsidy from any other source.
(iii) The employee must reside permanently in the house in order to qualify for a subsidy.
9.12.8.3 Rent Allowance/Special Rent Subsidy
(i) A rental allowance/subsidy, will form part of employees remuneration package, and may be paid to a staff member who rents accommodation, provided that the staff member qualifies for the said subsidy.
(ii) The staff member shall provide the Polytechnic with a legal lease contract before any payment will be made. The rent allowance shall be paid as from the date a valid legal lease contract is provided to the HR-Department.
9.13 Stated Benefit Insurance
An insurance cover is available for all staff members. The cover currently comprises the following benefits: Death permanent disability temporary total disablement medical costs up to a pre-determined amount
29
9.14 Remission of Study Fees
9.14.1 Staff members on permanent appointment and full-time contract appointments of one year or longer and their spouses and dependent children under the age of twenty three (23) years and who are not employed shall be exempt from paying class fees for Certificate, Diploma and Bachelor degree courses or programmes at the Polytechnic of Namibia, subject to conditions determined by the Council.
Staff members of Polytechnic and UNAM studying for post-graduate qualifications shall not be exempted from paying the stipulated tuition fees.
When a course or subject must be repeated, the total class fees for the failed subject(s) shall be paid by the member of staff.
9.14.2 The staff member shall pay the registration fee for all courses.
9.14.3 Reduction of study fees for short courses is only applicable to the staff member.
9.14.4 Administrative staff members shall attend the part-time classes.
9.14.5 If the study course the staff member has enrolled for is only offered as a full-time course, s/he may attend the full-time classes with special permission of the Registrar: provided that such classes do not exceed four (4) hours per week during office hours.
9.14.6 It is an expressed condition of approval of reduced fees, that should a staff member leave the employ of the Polytechnic during the progress of the course, the staff member will be responsible for the payment of a proportion of the full class fees calculated from the date of termination of service.
9.14.7 Staff members employed in the Examination Department will not be allowed to register for any formal programmes at the Polytechnic of Namibia. They will, however, be granted financial assistance for relevant, work-related further studies at other recognised tertiary institutions with the approval of the Rector.
9.14.8 From 01 January 2006 all staff studying at the Polytechnic or UNAM have to enter into an agreement with the institution. This agreement shall stipulate the period of time staff have to serve the institution after completion of their studies/courses.
9.14.9 Should an employee suspend her/his studies or terminate service at the Polytechnic before the stipulated period of service has expired, s/he shall be held responsible for the pro rata repayment of the total costs incurred by the Polytechnic.
9.15 Transfer of Study Obligations
A member of the permanent staff establishment may apply to the Polytechnic Council for the transfer of her/his study obligations from her/his previous employer. The transfer of such obligations will be on merit and shall be subject to the following conditions:
9.15.1 Only those study obligations in respect of completed, appropriate/relevant degrees/ diplomas may be transferred.
9.15.2 Study obligations up to a specified maximum amount, as determined by the Council, may be
30 taken over.
9.15.3 If the Polytechnic Council takes over the study obligations of a staff member, s/he must enter into a contract with the Council, whereupon her/his debt shall be reduced by an amount as determined per annum for every completed year of satisfactory service that s/he renders.
9.15.4 The staff member furthermore undertakes to immediately pay the outstanding balance at market related interest rates to the Polytechnic if s/he terminates her/his contract of service before the Polytechnic can recover the full amount of study debt.
9.16 Membership of professional organisations
9.16.1 Entrance fees for admission to professional bodies and membership fees are for the personal account of the staff member.
9.16.2 The Council will refund the annual subscriptions of staff members who are elected to the Executive Management Committee of a professional organisation. 9.16.3 The Council will fund the annual subscription for corporate membership of appropriate professional bodies.
9.17 Leave and Leave Gratuities
(i) Any leave shall be applied for on line (Leave iEnabler) as prescribed by the Council.
(ii) All leave applications shall be kept for audit and other purposes in the personal files of the employees.
(iii) A temporary staff member shall be entitled to a pro rata portion of the vacation leave of the post category in which s/he has been appointed.
9.17.1 Annual and Accumulated Leave
(i) Council accepts the principle that vacation leave is a right. Leave is the annual leave provision which accrues proportionally per month to a specified number of working days per cycle as stipulated by the Labour Act and stated in the HR-Code.
(ii) The vacation leave is divided into:
Annual Leave Accumulative vacation leave
a) Accumulative leave is that part of leave which may be carried forward at the end of a leave cycle to accumulate for future use.
b) Annual leave is leave that Council is obliged by law to grant an employee at the end of every vacation leave cycle. A minimum of 20 working days per cycle must be granted and must be taken within four (4) months of completion of the leave cycle.
(iii) Employees shall, for the purposes of granting leave, be classified into the following three categories and leave will be granted accordingly: members of the academic staff members of the administrative and technical staff general assistants
9.17.1.1 Granting of Annual/Vacation leave
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(i) The granting of vacation leave shall be subject to the approval by the Rector on the recommendation of the delegated authority. The granting of leave of absence to the Rector shall be subject to the approval by Council.
(ii) A staff member shall take her/his annual leave only at such a time as may fit in with the activities of the Polytechnic and if s/he has sufficient vacation leave to her/his credit.
(iii) Occasional vacation leave shall be applied for on line (Leave iEnabler) two weeks before the start of the intended leave.
(iv) Applications for annual leave should normally be made on line (Leave iEnabler) at least four weeks before the commencement of the leave applied for.
(v) It is compulsory that staff members take annual leave every year. All Line Managers should manage leave according to the provisions of the Labour Act No 11 of 2007.
(vi) A staff member may not commence her/his leave until s/he has applied on line (Leave iEnabler) for leave and has been advised by the head of the organisational component or the Manager: Human Resources that her/his leave application has been approved.
(vii) All unauthorised absence from duty, irrespective of any disciplinary steps that may be taken against an employee, shall be deemed to be special leave without pay, unless otherwise determined by the Council.
9.17.1.2 Allocation of leave
(a) Academic staff
i. Annual leave/end-of-year vacation: 20 working days ii. 16 working days per cycle accumulative leave.
(b) Administrative staff, Technical staff and General Assistants
Job grade
Accumulative Leave
Annual Leave
Total Provision Per Cycle
1 4
16 working days
20 working days
36 working days
5 8
12 working days
20 working days
32 working days
9 16
8 working days
20 working days
28 working days
9.17.1.3 Institutional closure
The Polytechnic will be closed annually from the 24 th December until the 1 st January. This period shall not be deducted from the leave credit of a staff member.
9.17.1.4 Academic recess
32 (i) Academic members of the staff in the teaching component remain on duty during a recess, and are expected to engage themselves in:
(a) the planning or reviewing of the courses they teach
(b) the compilation of new curricula, courses and syllabi (c) research
(d) community service
(e) be available for meetings or any other academic business if required.
(ii) If an academic staff member wishes to be absent from Windhoek for the purpose of private business or vacation during these recesses, an application for leave must be submitted.
9.17.1.5 Annual Leave/End-of-Year Vacation
(i) The teaching component of the Polytechnic shall be closed annually from the end of official academic operations as indicated in the academic calendar until the commencement of official academic operations in the following academic year, when lecturers have to resume office duties.
(ii) Academic staff need not apply for annual leave. This leave forms part of the leave entitlement stipulated by law.
(iii) Notwithstanding the foregoing, any staff member who has to conduct supplementary examinations shall be available at the relevant dates to receive and mark/moderate the scripts if so required.
9.17.2. Accrual of accumulative leave
9.17.2.1 Accumulative leave shall accrue in respect of every completed calendar month of service at one-twelfth of the number of days applicable to the staff member concerned.
(i) Academic Staff
Accumulative leave may be accumulated beyond 120 working days for future research or study purposes, but only a maximum of 120 working days shall be encashed on termination of service.
(ii) Administrative Staff, Technical Staff and General Assistants
The maximum working days which may be accumulated for encashment upon termination of service, will depend on the job grade as follows:
Jobgrades
Maximum working days
1 - 2
180
3 - 4
130
5 - 6
120
7 - 8
100
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9 - 16
90
9.17.2.3 All leave of whatever nature with full or half pay shall count for the purpose of leave accrual. 9.17.2.4 Leave accruing in terms of this provision will not be credited to an employee before s/he resumes duties after her/his absence on leave.
9.17.2.5 Leave accruing during authorised leave may not be taken in advance.
9.17.2.6 If leave without remuneration of twelve (12) consecutive working days or more is granted in any calendar month, the month in which such leave without pay occurs, must not be regarded as service for the purpose of accruing leave.
9.17.2.7 The leave cycle of such an employee must be extended with the number of months for which no annual leave has been accrued.
9.17.2.8 When a leave cycle is extended it must be recorded on the leave record of the employee.
9.17.3 Encashment of accumulative leave
9.17.3.1 Encashment will be subject to the following conditions:
(i) the monetary value of leave encashed will be calculated on the salary of the staff member on the day of approval of the application. Any salary adjustments, and/or increases effected subsequent to the encashment will have no impact on the already encashed monies.!
9.17.4 Pre-retirement leave
Any accumulated leave accrued by a staff member who wishes to retire, may be taken as leave prior to the retirement: provided that such leave does not coincide with the actual day of retirement and that at least ninety (90) calendar days notice is given of such application for the utilisation of accumulated leave before proceeding on retirement.
9.18 Granting of leave
9.18.1 In general, teaching staff should not take occasional leave during teaching terms. They should take long leave that at least extends over an academic term.
9.18.2 Three years shall expire after appointment or a previous term of long leave, before a staff member may qualify for long leave again.
9.18.3 Administrative staff, Technical staff and General Assistants may be granted occasional leave intermittently.
9.19 Bonus Leave
9.19.1 After every completed term of five (5) years continuous, meritorious service, a non-recurrent number of working days shall be granted to a permanent staff member in the administrative staff component as bonus leave.
9.19.1.1 Staff members appointed on job grade 1 and 2 shall receive bonus leave on a pro-rata basis at the end of their contracts, provided that they have fully served the initial five- year period.
34 9.19.1.2 Non-Namibian staff members who have been in service for five continuous years shall receive bonus leave at the end of a five-year period. An additional period of less than five years shall not qualify for bonus leave.
9.19.2 The bonus leave shall be allocated as follows:
Job grades
Bonus leave
Maximum Accumulative
2
70 working days
180 working days
3 - 4
65 working days
130 working days
5 - 8
45 working days
120 working days
9 - 10
30 working days
80 working days
11- 16
20 working days
60 working days
9.19.3 Bonus leave days are not equal to actual, fully remunerated leave days.
9.19.4 Bonus leave can be converted into cash. The calculation of the amount payable will be based on the staff member!s basic salary and not on her/his total remuneration. A staff member may request encashment of not less than 50% of accrued bonus leave. A request for encashment may be filed once a year after accrual of such bonus leave.
9.19.5 Upon termination of an employee!s service the encashment of the bonus leave part of the leave credit shall be based on the basic salary and not on the total remuneration of the employee.
9.19.6 Bonus leave to the credit of a staff member may be taken into account for leave by using the monetary value of the number of bonus leave days calculated on the basic salary to determine the number of actual, fully remunerated leave days which can be bought with the monetary value of available bonus leave credit.
9.19.7 The bonus leave cycle of staff members who were permanently employed on 31 December 1988 commenced on 1 January 1989.
9.19.8 The bonus leave cycle of all staff members appointed on or after 1 January 1989 commences on their first day of service.
9.20 Transfer of Leave Credits
Council shall under no circumstances accept the transfer of any leave credits which a prospective new staff member may have accumulated in the service of a previous employer.
9.21 Leave for study and research purposes
9.21.1 Conditions
In granting leave for study purposes locally or abroad, the following conditions shall pertain:
9.21.1.1 Before study leave of any kind is approved, the staff member must provide proof of admission to a tertiary institution which meets the approval of the Council.
9.21.1.2 Study leave will only be granted to permanent staff members for the purpose of
35 study/research towards a formal qualification or a research project in the national or institutional interest approved by Council.
9.21.1.3 Staff members who wish to make use of study leave must have completed five (5) years of continuous, satisfactory service at the Polytechnic, and in addition have a minimum of sixty (60) working days accumulated leave to their credit.
9.21.1.4 Under special circumstances, the Council may consider applications for study leave after three (3) years of service.
9.21.1.5 If a staff member took long leave, a period of at least three years of service must be completed before s/he may apply for study leave: Provided that sufficient leave should stand to her/his credit.
9.21.1.6 The staff member shall conclude an undertaking with the Council, in terms of which s/he shall undertake to remain in the service of the Council for a period equal to double the period of study leave which was granted to her/him after the completion of her/his studies: Provided that the period of leave granted for study purposes should not exceed one year. Exceptions are subject to approval by the Council.
9.21.1.7 If a person is in default of meeting her/his study undertaking in full or in part, s/he shall be held responsible for the full or a pro rata portion repayment of the total costs, whichever may be applicable, at market related interest rates. Interest shall be calculated at the prime overdraft rate applicable at the time when the monies are due and payable and effective from the date of payment of the SDS by the Polytechnic and compounded on the last day of each year.
9.21.2 Granting of Study Leave
9.21.2.1 Study leave shall be granted on a day-for-day basis. For every day of accumulative leave with full pay accruing to the staff member, one additional day of study leave with full pay may be granted, or, at her/his written request, two (2) days of study leave with half pay for every one day of accumulative leave with full pay.
9.21.2.2 Polytechnic vacations and public holidays shall not form part of the period of study leave.
9.21.2.3 The granting of study leave shall be subject to terms and conditions of an agreement entered into by and between the staff member and the Polytechnic, as determined by the Council.
9.21.2.4 If a meritorious staff member has not completed the stipulated period of continuous service to qualify for study leave Council may grant the required leave credit, up to a maximum of 90 days in advance.
36 9.21.3 Reporting after study leave
Within one month after her/his study leave, the staff member concerned shall submit a report of her/his studies or research to the Rector, the Dean, the Board of Studies and the Library. Such report may also be in the form of a degree, certificate or diploma.
9.21.4 Sabbatical leave
9.21.4.1 Sabbatical leave with full pay, may be granted to permanent academic staff members and permanent residents in academic positions after completion of six (6) years meritorious service to the Polytechnic.
9.21.4.2 The sabbatical leave shall last from six months (after three year!s service) to one year with full pay after six years of service. 9.21.4.3 Staff members will have to apply for sabbatical leave with a detailed motivation of their intended research/study program, which must be of national and/or institutional importance, to the Human Resources Committee through their respective Department and School.
9.21.4.4 Within one (1) month of completion of the sabbatical leave period the staff member must submit a comprehensive report on her/his research accomplishment to the Staff Development Committee.
9.21.4.5 If the Council is not satisfied with the report and/or the research accomplishment, the period of sabbatical leave taken may be regarded as unpaid leave and shall be refunded to the Polytechnic by the staff member.
9.21.4.6 A staff member shall conclude an undertaking with the Council, in terms of which s/he shall remain in the service of the Polytechnic for the same period sabbatical leave was granted to her/him.
9.22 Study Leave without pay
9.22.1 Under exceptional circumstance the Council may grant, on request, study leave without pay to any staff member and may maintain its contributions towards the pension fund and any other fund for a period not exceeding one year, if the staff member pays her/his contributions.
9.22.2 A staff member benefiting from this payment of the institution!s contributions shall enter into an agreement with and remain in the service of the Council for a period equal to the period of study leave granted without pay. If s/he fails to honour the agreement, s/he will have to repay the contributions made by the Council at market related interest rates.
9.23 Maternity Leave
9.23.1 Taking of leave for confinement purposes
9.23.1.1 Maternity leave shall be granted in terms of the Labour Act No 11 of 2007, Section 25.
9.23.2 Earning of Leave during period of leave for Confinement Purposes
Neither vacation leave nor five-year-bonus-leave shall be earned during a period of leave without pay for confinement purposes, but the period of leave for confinement purposes shall be regarded to form part of the long-leave cycle, and it shall not be deemed to have interrupted that cycle.
9.23.3 Earning of Service Bonus during leave for Confinement Purposes
37
During leave for confinement purposes the annual bonus shall be withheld until the person concerned reports for duty, since periods of leave without pay must be taken into account in the calculation of the annual bonus amount.
9.24 Special Leave with full pay
9.24.1 For Examination Purposes
Special leave for examination purposes shall be granted when a staff member has to sit for a written examination recognised by the Council for the purpose of special leave in terms of this subregulation.
The leave may be granted for the actual day of the examination plus the working day immediately prior to the examination day.
Examination leave shall be granted once (1x) only per subject.
No examination leave will be granted for any re-examination. In such cases vacation leave or leave without pay may be taken.
9.24.2 Compassionate leave
9.24.2.1 During each period of 12 months of continuous employment, an employee is entitled to five (5) working days compassionate leave with full remuneration in respect of death or serious illness of a family member.
9.24.2.2 A maximum of five (5) additional working days may be granted to staff members appointed before 01 May 2007 at the discretion of the Rector if circumstances justify it.
9.24.2.3 Compassionate leave shall be granted in terms of the Labour Act, No. 11 of 2007 for staff members appointed as from 01 May 2007.
9.24.2.4 Compassionate leave is non-accumulative and shall lapse annually on 31 December.
9.24.3 For Cultural, Educational and Sport Activities
Special leave with full pay may be granted to all full-time employees on the discretion of the Rector for the following circumstances:
9.24.3.1 the attending of approved work related conferences, congresses, courses, seminars, workshops, symposia.
9.24.3.2 the representation of Namibia nationally or internationally in approved cultural or sport activities.
9.24.3.3 A leave form must be completed for all authorised absences from duty, even when the employee undertakes the visit or attends the occasion on behalf of the Polytechnic.
9.25 Sick Leave
9.25.1 Taking of sick leave
38
9.25.1.1 Sick leave shall be calculated over a cycle of three (3) years from the date of appointment based on 120 calendar days with full pay and, if necessary, another ninety (90) calendar days with half pay for all staff members employed before 1 May 2007.
9.25.1.2 Sick leave shall be granted in terms of the Labour Act, No. 11 of 2007 for all staff members appointed as from 01 May 2007.
9.25.1.3 Sick leave shall be granted only in respect of the absence from duty of a staff member owing to an illness, indisposition or injury not due to her/his misconduct or failure to take reasonable precautions.
9.25.1.4 Sick leave in respect of nervous complaints or any similar ill-defined illnesses may be granted only if the Rector is satisfied that the staff member!s state of health incapacitates her/him for duty, and does not arise from her/his failure to take a reasonable period of vacation leave.
9.25.1.5 Unused sick leave for a particular cycle shall lapse at the end of that cycle.
9.25.1.6 Sick leave shall accrue to an employee on the first day of the cycle: provided the employee has completed thirty (30) working days of service for the institution.
9.25.1.7 A new employee can only take sick leave with full remuneration subsequent to the completion of thirty days of service.
9.25.2 Special Sick Leave
9.25.2.1 Special sick leave is granted to staff members in terms of the Employee Compensation Amendment Act of 1995.
9.25.2.2 Should a staff member be injured in an accident arising out of and in the course of duty not due to negligence on her/his part, and her/his injuries are of such a nature that s/he is obliged to take sick leave, the Rector shall grant her/him special sick leave with full remuneration for the period s/he is incapacitated. This leave will not be debited against the normal sick leave cycle.
9.25.3 Medical Certificate
9.25.3.1 The Rector, or any person authorised by her/him, may require, before granting sick leave, or at any time during a period of sick leave already granted, that the staff member concerned produce a medical certificate of a physician approved by the Council.
9.25.3.2 If a staff member is absent from duty for a continuous period of more than two (2) days owing to illness, sick leave with full remuneration may be granted only if a medical certificate is furnished by a registered medical practitioner which:
(i) clearly describes the nature of the illness.
(ii) declares that the employee is not capable of performing her/his official duties.
(iii) indicates the period necessary for her/his recuperation.
9.25.3.3 For absences on account of illness for which no certificate was produced or required, sick leave will be granted for a maximum of five (5) working days during a calendar year.
39 9.25.3.4 Notwithstanding the submission of a medical certificate as defined in subparagraph 9.23.3.2 the Rector may refuse to grant sick leave with remuneration in respect of any absence from duty to which the certificate relates, if reasonable doubt about the validity of the certificate prevails.
9.25.4 Sick leave without pay
In the case of a long illness, sick leave without pay may, with the special consent of the Council, be granted to a staff member, and in such a case the Council may decide to continue paying the Polytechnic!s contributions to the pension fund and the medical scheme.
9.25.5 Sick leave: Temporary Staff
Sick leave shall be granted in terms of the Labour Act, No. 11 of 2007.
If the sick leave period is inadequate, sick leave without pay shall be given.
9.26 Provisions regarding leave on resignation
9.26.1 If a member of staff resigns, leave, except sick leave, may only be taken during the notice period if permission is granted by the Rector.
9.26.2 In the case of an employee whose service is terminated, and who, at that stage, has taken more vacation leave than s/he had been entitled to, such over-granted leave shall be regarded as leave without pay, and the cash value of such leave shall be recovered from the salary s/he will receive on the date her/his service will terminate.
9.26.3 No staff member may resign while s/he is on leave, except with the expressed consent of the Rector.
9.27 Payment in lieu of leave on resignation, retrenchment, discharge, retirement or death
9.27.1 Accumulative Leave
The money or cash value of the full remuneration of accumulated leave to a maximum as determined by the Council from time to time shall be paid out on retirement, retrenchment, discharge, resignation or death to a staff member.
9.27.2 The cash value of leave credit shall be calculated according to the annual remuneration of the employee on her/his last day of actual service.
9.27.3 No leave credit shall be paid out on abscondment of a staff member.
9.28 Motor Scheme General
9.28.1 !Motor Scheme! means the placing of transport at the disposal of specifically identified posts, job levels, as a service benefit, and has no relation to the Polytechnic transport under the control of the Auxiliary Services Department.
9.28.2 The Council determines the post/job grades and offices which qualify for participation in the scheme.
9.28.3 The motor scheme comprises three options viz:
40 Option I - Council Vehicle Option II - Motor Vehicle Loan Option III - Own Vehicle plus Allowance.
9.28.4 The Council determines the benchmark value per category.
9.28.5 Job grade 2 shall qualifies for a motor scheme at 50% of the total package of the position.
9.28.5.1 Job grade 3 shall qualify for a motor scheme at 42% of the total package of the position.
9.28.6 The amounts payable in respect of an allowance shall be determined by the total package and the percentage for which the job grades qualify.
9.28.7 The motor scheme cycle runs over four (4) years. After four (4) years a new cycle will start. The staff member may obtain a new vehicle under the same or any other option, if s/he still qualifies.
9.29 Employees! loans
9.29.1 Introduction
9.29.1.1 The Council should not be regarded as a substitution for a financial institution.
9.29.1.2 The Polytechnic is prepared to grant permanently appointed employees, who have completed at least one year!s continuous, satisfactory service, loans on compassionate grounds subject to a set of criteria and rules.
9.29.1.3 Loans are granted entirely at the discretion of the Council.
9.29.1.4 All loans are subject to an interest rate equivalent to the prevailing investments interest rates available to the Polytechnic for medium term deposits, plus 1%.
9.29.1.5 When considering a loan the salary officer should do an affordability analysis of the employees financial status to ensure that the granting of the loan is not further complicating the employee!s financial situation.
9.29.2 Eligibility
9.29.2.1 The loan scheme is available only to employees from job grade 8 - 16 and academic personnel earning the maximum or less of job grade 8 employees.
9.29.2.2 Loans will only be granted for the following emergencies:
bona fide illnesses of immediate family (spouse and dependent children under the age of 21 years who are not employed) educational purposes for immediate family (spouse and dependent children under the age of 21 years who are not employed)
funerals of immediate family (spouse and dependent children under the age of 21 years who are not employed) medical bills not covered by the medical aid
41
9.29.3 Benefit
9.29.3.1 The maximum amount that an eligible person may borrow in any twelve (12) months! period may not exceed 5% of the person!s yearly salary.
9.29.3.2 No more than two loans will be granted in any twelve (12) months! period subject also to the allowed maximum per year, and that no further loan will be granted, before the first loan has been repaid.
9.29.3.3 The repayment of loans will be over a period not exceeding six (6) months.
9.29.3.4 The Council reserves the right to request and seek unambiguous proof that a loan granted was used specifically for the purpose for which it was granted.
9.29.3.5 Any abuse of the loan will be regarded as a major offence and employees will be subject to disciplinary action.
9.30 Private use of Polytechnic equipment and facilities
9.30.1 The use of Polytechnic equipment and facilities for private purposes is not permitted.
9.30.2 The Polytechnic, however, will utilise some facilities and equipment to generate income for the institution.
9.31 Parking
9.31.1 The undercover parking space on campus is very limited. It is allocated to staff and some students at a small fee on the basis of availability, in terms of seniority and in order of application.
9.31.2 Parking disks are issued to staff and students to whom undercover parking has been allocated. The parking disks must be displayed on the windscreens of the vehicles.
9.31.3 Disciplinary steps will be taken against persons who make use of undercover parking without payment.
9.32 Business travel for the Polytechnic
9.32.1 Air travel
Employees are expected to travel Economy Class. The Rector and members of Council will travel Business Class.
9.32.2 Car hire
Employees requiring a car for business reasons may apply for the hire of a car of the prescribed class for the number of days it is required.
9.32.3 It is the prerogative of the Accommodation and Travel Officer to decide on the most appropriate and economical means of transport.
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10. GENERAL CONDITIONS OF SERVICE: RIGHTS AND OBLIGATIONS
Subject to any other provisions contained in these conditions of service and in legislation, staff members shall have the following rights and obligations:
10.1 Full-time Service
10.1.1 Staff members shall devote all their official time and attention to the work of the Polytechnic, as determined by the Council.
10.1.2 A staff member shall have no claim to additional payment in respect of any official service or work which s/he is instructed to perform during the official working hours.
10.2 Official Duties
10.2.1 Academic staff
The official duties of teaching staff include:
the compilation of curricula, syllabi and study materials
the teaching of courses to full-time, part-time and distance education students intramurally as well as extramurally
the evaluation and examining of students
ensuring that the students comply with all the rules of the Polytechnic
the promotion and extension of knowledge through research, publications and continuous contact with the industry
the dissemination of their knowledge and skills to the community through participation and presentations at seminars, conferences, symposia and workshops
the participation in the administration of their departments by serving on boards or committees
the participation in all official meetings as required
the performance of all tasks entrusted to them by their Schools, Senate and the Council pertaining to the fulfilment of the mission of the Polytechnic.
10.2.2 Administrative staff, Technical staff and General Assistants
The official duties of administrative staff, technical staff and general assistants include:
all the duties indicated in their job description.
the performance of all the official tasks entrusted to them by their supervisors, heads of department and the Council pertaining to the fulfilment of the mission of the Polytechnic. Such tasks may include duties other than those that are ordinarily assigned to such an employee or that are appropriate to the grade, designation or classification of her/his post.
10.3 Hours of attendance
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10.3.1 The hours of attendance shall from time to time be fixed by the Council and presently are stipulated as follows: 07:30 until 13:00 14:00 until 16:30 The minimum working hours for employees shall be 40 hours per week.
10.3.1.1 All officials are expected to work outside their fixed hours of employment should circumstances make this necessary.
10.3.2 All lecturing staff must be available on campus between 08h00 - 12h30 during the official lecturing periods, unless engaged in Polytechnic work off campus.
10.3.3 Lecturing staff who teach in the mornings and/or afternoons and evenings, work flexi-time after 13h00.
10.3.4 Lecturing staff are expected to adhere to the office hours during examinations or other lecture free periods - excluding recesses.
10.3.5 Where the sole function is teaching and research, lecturers are expected to teach up to a maximum of 20 hours per week. This maximum workload may be reduced proportionately in relation to additional administrative and managerial duties and responsibilities assigned to the staff member.
10.3.6 Lecturing staff are expected to be available for regular consultation with students, and for attending meetings as called for by the Deans, Heads of Departments and the management of the Polytechnic.
10.3.7 Lecturing staff may be required to be present at the Polytechnic outside the fixed hours of attendance or during a Polytechnic recess.
10.3.8 Staff members who leave Windhoek during the recess periods for private business must apply for leave.
10.4 Payment of Overtime
10.4.1 To qualify for overtime, employees must have worked their minimum hours per week (40 hours). Time taken off for attending classes and/or for private business during the week shall be taken into account by the head of department, before an employee becomes entitled to the payment of overtime.
10.4.2 Time off in lieu of an overtime payment may be granted by mutual agreement between the employee and the head of department after approval by the Manager: Human Resources.
10.4.3 The head of the department must apply in advance to the Manager: Human Resources for employees to work overtime.
10.4.4 No overtime shall be recognized and paid for if it was not approved in advance by the Rector/Vice-Rector/Bursar/Registrar and the Manager: Human Resources, and if it was not supervised by a senior employee on at least job grade 5-level or higher.
10.4.5 Payment of overtime shall be included in the employee!s monthly salary and shall be calculated at the rates as determine by the Labour Act, No 7 of 2007.
10.4.5.1 Staff members in Top/Senior Management (Job grades 1 - 5) shall be required to devote additional time to their duties outside of normal working hours for which they will not
44 receive additional remuneration. Their remuneration makes provision for the additional work expected from them.
10.4.6 Pressure periods and emergencies:
10.4.6.1 During the following periods and during emergencies in the undermentioned activities and departments overtime may be granted at the discretion of the head of the department/section and reported afterwards to the Manager: Human Resources
Admissions - Examinations - Graduation Registration Official functions Use of Sport facilities Computer Centre - Information systems Kitchen - Food Services Financial Department: Annual external audit: financial year-end Library Auxiliary Services: Campus Control - Maintenance or Technical Services - Printing Shop - Transport
10.5 Absence from work
10.5.1 When an employee for any reason cannot attend work, or her/his arrival may be delayed, s/he must immediately notify her/his immediate supervisor or in her/his absence, the Human Resources Department. Absence for no acceptable reason will be grounds for disciplinary action.
10.5.2 A staff member who is absent from work for a period of one (1) day without authorization or notification will be subject to either reduction in remuneration on a pro rata basis, or reduction in credit leave days and/or appropriate disciplinary action.
10.5.3 A staff member who is absent from work without permission for two (2) to four (4) consecutive working days will be required to appear before a disciplinary committee as provided for in the Statutes.
10.5.4 A staff member who is absent from official duties without the consent or authorization of her/his superior for a period of five (5) or more consecutive working days, shall be guilty of abscondment and shall be deemed to have discharged her/himself from the services of the Polytechnic with effect from the date immediately following the last date of her/his presence at work.
10.6 Absence from duty not recorded as leave
A staff member is not regarded as being absent from duty in the following instances:
10.6.1 When s/he must appear -
10.6.1.1 As a witness -
(i) in a criminal court case;
(ii) in a civil court case except if s/he is the claimant/plaintiff, in which case her/his
45 absence from duty must be covered by the granting of vacation leave;
(iii) in a misconduct case in terms of some law;
(iv) before a commission or committee of inquiry appointed by the government;
(v) at an inquest.
10.6.1.2 As a respondent in a civil court case which arises out of her/his official duties in which the Polytechnic has a direct interest.
10.6.1.3 before the Labour Court.
10.6.2 When s/he attends or has to attend an approved course in respect of which s/he has been granted permission by the Rector to attend the course in official time.
10.6.3. On a medical instruction
10.6.3.1 if a staff member is absent from duty owing to isolation or segregation as a result of instruction by a recognised medical practitioner.
10.6.4 In all the above instances approval for the absence from duty must be obtained before the staff member absents herself/himself from duty.
10.7 Consultancy
10.7.1 Consultancy, while constituting a meaningful contribution to the development of the community, also forms a significant component of fundraising at institutions of higher learning all over the world.
10.7.2 In order to generate additional funds the Council shall advertise or market the professional expertise of its personnel countrywide and regionally.
10.7.3 Net Income generated through consultancy by staff members shall be distributed in terms of the following formulas:
10.7.3.1 Consultancy work done in the name of the Polytechnic and with institutional funds, equipment of and in the facilities of the Polytechnic:
40% to the budget of the School or department concerned 40% to the general budget of the Polytechnic 20% to the staff member(s) concerned
10.7.3.2 Consultancy work done in private capacity, but by utilising the equipment, facilities, consumables, stationery, electricity, water and time of the Polytechnic:
30% to the budget of the School or department concerned 20% to the general budget of the Polytechnic 50% to the staff member(s) concerned.
10.7.3.3 Consultancy work generated by Council advertisement and done totally in private capacity without utilising the equipment, facilities and time of the Polytechnic:
46 20% to the departmental budget of the staff member. 80% to the staff member(s) concerned.
10.7.3.4 Consultancy work done totally in private capacity without utilizing the equipment, facilities, consumables, stationery, electricity, water and time of the Polytechnic:
10% to the general budget of the Polytechnic 90% to the staff member(s) concerned
10.7.3.5 It is expected of staff members to promote the name and image of the Polytechnic whilst doing any type of consultancy.
10.8 Extraneous/Private Work
10.8.1 An employee places all her/his official time at the disposal of the Polytechnic. No unauthorised private work is permitted during office hours.
10.8.2 Except with the written consent of the Council, and subject to the conditions set out in the Rules of Procedure for Outside Work, no staff member may perform any other work outside the service of the Polytechnic for remuneration.
10.8.3 No such written permission is required for the receipt of authors! fees on books and magazine articles, honoraria in respect of learned contributions and remuneration for examiners! and moderators! work at other tertiary institutions or Departments of Education.
10.8.4 Permission for extraneous/private part-time employment will only be granted: provided the Council is satisfied that the activity is in no way contrary to the Polytechnic!s interest and that the employee!s efficiency will in no way be impaired by the proposed activity.
10.8.5 A staff member who has obtained permission to do private work, shall reimburse the Polytechnic for all direct costs incurred by the Polytechnic including charges for the use of equipment, infrastructure, instruments, electricity, material, telephones, etc at charges set at realistic levels.
10.8.6 An employee shall not exceed the approved number of hours for outside work.
10.9 Internal Work
10.9.1 If the lack of qualified human resources necessitates it, the Rector may grant permission to an employee to work part-time in another Polytechnic department, subject to the conditions set out in the Rules of Procedure for Internal Work.
10.9.2 No payment shall be made for a once-off or occasional lecture given in another academic department which forms part of the official teaching programme of the Polytechnic for which a qualification is awarded.
10.9.3 Staff may negotiate and accept payment for lectures and courses offered if the lecturing is done additionally to the prescribed maximum teaching load.
10.10 Contractual Commitment
Acceptance of:
47 an office of manager of a business or any other venture the position of managing director of a public or private company the position of active principal or partner in a professional practice on a full-time basis is not allowed without the explicit consent of Council.
10.11 Confidential Information
No staff member may make known any information that the Polytechnic Council in its absolute discretion may deem to be classified or confidential, nor may a staff member do so after s/he has left the service of the Polytechnic.
10.12 Participation in Public Affairs
No staff member may actively participate in public affairs, e.g. by standing for election to a city council or a regional services council, except with the prior consent of the Council.
10.12.1 Any staff member who stands for election as President or as a member of the National Assembly, National Council or Regional Council shall be deemed to be on vacation leave from the date of her/his official nomination until the date on which such election takes place. If such person is elected, her/his election shall be deemed to be notice of termination of service, and s/he shall leave the service of the Council with effect from the date of her/his election.
10.13 Temporary transfer to another post
10.13.1 Council may transfer any staff member to another post or office for which s/he may be competent and needed: provided that s/he gives her/his consent.
10.13.2 Temporary transfers will normally be affected for not longer than twelve (12) months.
10.14 Transfer to another post
10.14.1 Should management/a dean/head of department feel that an employee!s services can be utilised to better advantage in another department, the matter has to be discussed with the Manager: Human Resources, who will recommend a course of action to the Rector.
10.15 Rights on inventions and copyright
10.15.1 Rights on inventions and patents
Rights on inventions that resulted from the professional activities of employees of the Polytechnic, whilst in the employment of the Polytechnic and the right to patent them, shall accrue to the Polytechnic, unless the Council may resolve otherwise.
10.15.2 Copyright
10.15.2.1 All rights, interests and titles resulting from intellectual property of staff members reside with the Polytechnic. This includes computer software and related flowcharts, diagrams,
discoveries, inventions, teaching materials and programmes.
Copyright on any work published or accomplished by a staff member in the course of her/his service at the Polytechnic, shall vest with the Council. An exception may be made
48 in respect of the following publications, where the Polytechnics copyright may be transferred in writing to the author(s) concerned: handbooks, manuals, and unpublished works which are the outcome of research but which, in all cases, are not tantamount to being representations or compilations of lectures, core notes or study material compiled while the staff member is/was in the service of the Polytechnic.
10.15.2.2 All publications, unpublished works and study material such as lecture notes/study guides, transparencies, slides, models, etc. paid for by or donated to the Polytechnic or compiled by staff members during the course of their official duties and service remain the property of the Polytechnic, and no staff member may claim any such material on termination of service.
10.16 Research
All staff members shall be encouraged to complement their academic duties and activities with research and scientific studies in their fields of activity.
10.17 Gifts, commissions and rewards
10.17.1 A staff member may not receive any gifts, commissions or reward offered to her/him by reason of her/his particular post in the service of the Polytechnic or in respect of the performance of her/his duties.
10.17.2 Where any benefit of whatever nature is received by any staff member in connection with the performance of her/his work, that staff member shall pay to the Polytechnic an amount equal to the remuneration or other benefit or value thereof.
10.17.3 In exceptional cases the Council may approve the acceptance of such gifts/ rewards in the form of a donation to the Polytechnic.
10.18 Disclosure of Interest
10.18.1 A member of staff, may not directly or indirectly have any interest in a contract with the institution unless the Council, after a full disclosure, approves of the contract. The approval can be done either by unanimous assent of the members at a meeting or by means of an ordinary resolution of the meeting.
10.18.2 Where a member of the staff fails to disclose her/his interests in a contract with the Polytechnic, the Polytechnic may cancel the contract and claim the profits made by the staff member regardless of the fairness or reasonableness of the contract.
10.19 Official Forms
The format of all forms and certificates referred to in this policy shall be subject to the approval of the Rector. All employees shall comply with the provisions and regulations relating to the use of these forms.
10.20 Addresses
Every employee shall notify the Polytechnic in writing of her/his residential and postal address as well as the telephone number at home, and any change thereof.
10.21 Accountability and Responsibility for Polytechnic property
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10.21.1 All employees shall be accountable and responsible for all equipment, any other property and tools in their charge on account of their duties and office.
10.21.2 Employees must ensure that the Polytechnics material, equipment, machinery and vehicles are not misused and that all lights, air conditioners, fans, heaters, kettles, etc. are switched off when leaving the premises.
10.22 Personal possessions
Neither the Polytechnic nor its insurer accepts any liability or responsibility for personal valuables of employees on the campus. Employees should ensure that their valuables are locked away when they are out of the office.
10.23 Removal of equipment from campus for private use
10.23.1 Under no circumstances may Polytechnic equipment be taken home for private use.
10.23.2 Only in exceptional cases, if it is in the interest of education and training, approval may be given by the Rector to a staff member to take equipment home: provided that assurance can be given that the equipment will be utilised for official purposes.
10.23.3 Before the equipment may be taken home a removal permit must be completed by the staff member. S/he will take full responsibility for the equipment from the time s/he removes it from campus until it is returned to its location.
10.24 Smoking on campus
Some areas of the Polytechnic have been declared !no smoking! zones. In the interest of health, hygiene and our public image smoking is not permitted in !public areas!.
!Public areas! in this context include but are not limited to: corridors, lecturing auditoriums/classes, assembly rooms, Council-, SRC- and Commercial Bank Rooms, Cafeterias, laboratories, lifts, toilets the Printing Shop, the main room of the Computer Centre, offices of non-smokers and pool cars.
10.25 Testimonials and certificates of service
10.25.1 Certificates of service setting out the period of employment, job title, department employed in and current salary will be issued by the Human Resources Department to an employee who has resigned.
10.25.2 Testimonials may be requested from the head of department concerned.
10.26 Farewell functions
10.26.1 It is not the policy of the institution to hold farewell functions for employees leaving the services of the Polytechnic.
10.26.2 Approval for privately organised farewell functions may, however, be obtained from the Deans, Registrar, Bursar: provided the function does not coincide with the official office hours or does not interfere with the performance of working activities.
10.27 Telephone calls
10.27.1 The receiving and making of local private calls on the Polytechnic!s telephones are
50 permitted as a privilege on the understanding that the number and duration of the private calls are kept to the prescribed maximum and do not affect the productivity of the employee.
10.27.2 All private cellphone and trunk calls shall be paid for by the employee.
10.28 Staff identity cards
All staff members, permanent and contract staff on contracts of six (6) months or longer are required to carry their staff identity cards with them at all times while at the Polytechnic and to produce them when asked to do so by a Campus Control Officer or any authorized supervisor or member of management.
Staff members on shorter than 6 months contract are required to carry their temporary identity cards with them at all times while at the Polytechnic.
10.29 Additional conditions of service
Besides the general conditions of service, additional requirements may be stipulated in the letter of appointment. This shall then form part of the total conditions of service according to which an employee accepts appointment.
10.30 Solicitations
10.30.1 The Polytechnic does not permit soliciting, peddling or the canvassing of employees during office hours.
10.30.2 No Polytechnic facilities may be used by employees for their personal business.
10.31 Acceptance of conditions of service
By signing the service agreement an employee:
10.31.1 confirms that s/he has acquainted herself/himself with the Human Resources Code of the Polytechnic.
10.31.2 pledges to comply with all the policies, rules, regulations and conditions of service of the institution.
51 11. INDUSTRIAL RELATIONS
11.1 Membership of Associations or UNIONS
11.1.1 The Council of the Polytechnic underwrites Article 21 of the Constitution of Namibia which provides that: !All persons shall have the right to freedom of association, which shall include freedom to form and join associations or unions, including trade unions ...!
11.1.2 All matters pertaining to the forming of associations and unions at the Polytechnic and negotiations with unions will be managed strictly according to chapters 6, 7, and 8 of the Labour Act, 2007 (Act No. 11 of 2007).
11.2 Grievance Policy and Procedures
11.2.1 A formal grievance procedure for considering and resolving all disputes that arise is in the interest of the Polytechnic and its employees. Any staff member who feels mistreated, or subject to unfair working conditions, and who has exhausted all channels of command within her/his reach, shall complete the official grievance form.
11.2.2 An employee may air a grievance or advise and represent any fellow employee without fear of being prejudiced against or victimised.
11.2.3 Grievances should be resolved at the earliest possible stage, as soon as they emerge.
11.2.4 In the handling of a grievance, each employee is entitled to representation by an employee representative chosen by her/himself and an interpreter.
11.2.5 The purpose of the grievance procedure is to resolve individual grievances. Grievances of a nature that may lead to collective bargaining and/or consultation should be handled according to the procedures instituted for that purpose. However, depending on circumstances, the parties may use the grievance procedure for groups of employees as well.
11.2.6 Grievances resulting from disciplinary action taken by the Polytechnic shall be handled according to the appeal procedure set out in the disciplinary procedure.
11.2.7 The Human Resources Department and the Ombudsperson system shall aid and advise both parties.
11.2.8 It is the duty of senior personnel to listen to and try to resolve grievances. No superior will be allowed to withhold the grievance form or in any way delay and frustrate the grievance process.
(i) The grievance procedure may not be used by employees with a view to -
(a) Amend any agreement reached between employees and the Polytechnic, or
(b) Amend any substantive condition of service (e.g. regarding leave or salaries) for any one category of employees.
11.3 Disciplinary Policy and Procedures
11.3.1 Policy
11.3.1.1 The maintenance of discipline is the responsibility and prerogative of functional line
52 management or supervisors. A person in the line management of an employee concerned is authorised to discipline the employee, regardless of where the violation took place.
11.3.1.2 The documentation and maintenance of accurate and complete records of conduct shall be the responsibility of both the functional line management and the Human Resources Department and shall form an essential part of the disciplinary system of the Polytechnic.
11.3.1.3 Discipline must have as its aim the improvement of the employee!s future behaviour.
11.3.1.4 The severity of misconduct will determine the severity of the sanction and can result in summary dismissal without prior warnings having been issued.
11.3.1.5 Discipline should be applied as soon as possible after the infraction. Management/Line management should inform staff members of any breaches of accepted performance standards, norms and behaviour as soon as they are observed, and give priority to speedy subsequent investigations and disciplinary actions if necessary.
11.3.1.6 All rulings against a staff member shall take place on the balance/prevalence of probabilities with regard to testimony in each case, and need not be based on proof beyond reasonable doubt.
11.3.1.7 The Disciplinary Code and Procedures form part of the service conditions and shall apply to all staff members of the Polytechnic.
11.3.1.8 The Polytechnic shall ensure that all staff members are treated in a fair, just, uniform and consistent manner in order to meet the requirements of procedural and substantive fairness.
11.3.1.9 Any disciplinary action shall be preceded by a proper, confidential investigation into the facts. Disciplinary action shall only be taken after clear evidence has been established that grounds exist which justify such action.
11.3.1.10 No employee shall receive a formal written warning or be dismissed from the Polytechnic without a prior investigation and a disciplinary hearing where s/he has the opportunity and right to state her/his case in rebuttal of the allegations made against her/him.
11.3.1.11 The employment of an employee shall not be terminated unless there is a valid and fair reason for such termination connected with the capacity or conduct of the employee, in compliance with a fair procedure.
11.3.1.12 Should it be found that an employee has not committed an alleged offence, all documents referring to the allegations shall immediately be destroyed.
11.3.1.13 Nobody shall be victimised as a result of any truthful statements made or actions taken during a disciplinary investigation/hearing.
11.3.2 Misconduct
11.3.2.1 Any staff member who contravenes or fails to comply with the Act, the Statutes and the standing rules and regulations of the Polytechnic will be guilty of misconduct and, therefore, subject to disciplinary action.
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11.3.2.2 A staff member in a senior or management position is required to bring misconduct to the notice of the employee concerned, whether under her/his authority or not, and must offer guidance to rectify the situation.
11.3.2.3 If the employee concerned fails to respond to admonition the unacceptable conduct must be reported to the head of the department who will initiate the necessary disciplinary action against the employee.
11.3.2.4 Disciplinary action and accountability is vested in line management to ensure that disciplinary action is immediate, in response to transgressions and commences at the lowest possible level.
11.3.3 Suspension of a Staff Member
11.3.3.1 The Rector may suspend any staff member at any time before or after s/he is charged for misconduct, if the Rector has reason to believe that the staff member is guilty of serious misconduct, or if the possibility exists that the staff member may interfere with witnesses or tamper with evidence.
11.3.3.2 A staff member so suspended shall not be entitled to any remuneration for the period of her/his suspension if the Rector so decides: provided that the staff member may, within three (3) days after her/his suspension, appeal in writing to the Chairman of Council against her/his suspension without remuneration or any part thereof.
11.3.3.3 Any staff member who has been suspended without pay shall be permitted by the Rector to resume duty and shall be paid her/his full remuneration for the period of her/his suspension -
(i) if no formal charge is brought against her/him within five (5) working days after her/his suspension;
(ii) if s/he is found not guilty on the charge brought against her/him.
11.3.3.4 The suspension of a staff member may at any time be abrogated -
(i) by the Rector if in her/his opinion all the reasons for the suspension have lapsed.
(ii) by Council if in their opinion no valid cause for the suspension exists.
The abrogation of the suspension shall not affect any proceedings in connection with the charge of misconduct.
11.4 Right to Appeal
11.4.1 Any staff member who has been found guilty of misconduct by the Staff Disciplinary Committees may appeal to the Council Appeal Committee under the provision of the Polytechnic Statutes and Regulations.
11.4.2 An appeal can only be lodged successfully on the following grounds:
if new information not previously known has come to light if procedural unfairness during the disciplinary hearing can be proved
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if substantive unfairness in the sentence can be proved
11.5 Disciplinary Code
11.5.1 The Council considers the establishment of a fair Disciplinary Code and Procedure essential for:
the compliance with all the terms and conditions of employment
the maintenance of identified standards of behaviour and performance
the promotion of excellent services to clients
productivity and efficiency in order to realise the mission and objectives of the institution.
the fair and just treatment of staff members
sound industrial relations
11.5.2 The Council will ensure that all members of staff are disciplined and treated in a fair, just, consistent and uniform manner in order to correct unacceptable deviations from prescribed rules, standards and norms.
11.5.3 If rules, standards and norms are repeatedly and deliberately broken or if the misconduct is of a very serious nature, disciplinary action will be punitive to serve as a deterrent and to maintain discipline.
11.5.4 The Council will ensure that when internal disciplinary measures are exhausted the dismissal of an employee will be both procedurally and substantively fair.
11.5.5 An accused employee will have the following rights at any disciplinary hearing:
to be notified in writing of the allegations against him at least three (3) calendar days (72 hours) before the hearing.
to be represented/assisted by one permanently appointed co-employee of her/his choice
the services of a permanently appointed co-employee as an interpreter if this is necessary to allow her/him to meet the case against herself/himself.
to challenge the case brought against her/him
to appeal against a written warning by the Disciplinary Committee within three (3) calendar days after receiving the warning.
to appeal against a sentence of dismissal by the Disciplinary Committee within five (5) calendar days after receiving the written sentence.
the appeal hearing shall be held by the Disciplinary Committee within fourteen (14) working days after receipt of the written appeal, or alternatively as soon as the Committee can reasonably be convened.
the Appeal Committee of Council will inform the staff member within thirty (30) days, excluding official and institutional holidays, or alternatively as soon as the Committee
55 can reasonably be convened after receipt of the written appeal. 11.5.6 The Manager: Human Resources will record in a Disciplinary Register the date, misconduct and disciplinary action taken of all disciplinary cases.
11.6 Staff code of conduct
Orderly conduct shall be an important prerequisite for the successful functioning of the Polytechnic. The Council has laid down the following general standards of conduct for each and every employee of the Polytechnic:
11.6.1 Absence
No person shall be absent from work without prior arrangements and consent to do so. It is a serious offence to be absent from work for no valid reason without permission.
11.6.2 Obeying Orders
All staff members shall implicitly obey all legitimate orders of the Council or any staff member with the necessary authority, and shall not by word or conduct show insubordination. Should an employee consider an order to be unreasonable, s/he may request the person who gave it, to repeat it in writing, and on receipt of such written order the employee may initiate the grievance procedure.
11.6.3 Punctuality
11.6.3.1 All staff members shall start working punctually at the time laid down in their post description and/or contract of service and conditions of service. Lunchtime shall be reckoned not to form part of the normal hours of attendance.
11.6.3.2 No employee may, without the necessary consent, report late for duty or leave her/his workplace earlier than the time laid down in her/his post description and/or contract of service and conditions of service.
11.6.3.3 No person may have an unauthorised break from work or extend a break without prior consent to do so.
11.6.3.4 No person may keep other employees from doing their work.
11.6.3.5 No person may conduct his private business during the official working hours without prior consent to do so.
11.6.4 Sleeping on Duty
It is forbidden to sleep while on duty.
11.6.5 Negligence
It is expected of all employees to treat the property and material of the Polytechnic with respect. Polytechnic property may be used for the sole purpose of the Polytechnic and not for any private purpose. Employees who are responsible for property of the Polytechnic shall make adequate arrangements for the proper safeguarding of such property, and such employees shall be and remain fully responsible and liable for such property.
56 11.6.6 Unsatisfactory Job Performance
Duties shall be performed according to the required standards. Poor job performance such as the following shall not be tolerated:
When employees -
11.6.6.1 do a job carelessly and inaccurately;
11.6.6.2 have to do a job over;
11.6.6.3 fail to do a job, without any reason, or do not obey orders;
11.6.6.4 fail to report an accident;
11.6.6.5 fail to comply with the required standards;
11.6.6.6 gamble on duty;
11.6.6.7 wilfully ignore safety and other procedures; and
11.6.6.8 wilfully or carelessly ignore a safety rule or job regulation.
11.6.7 Disobedience/Insubordination
11.6.7.1 All lawful instructions must be obeyed. When a staff member is of the opinion that an instruction is unfair, s/he must bring it to the attention of the person who issued that instruction.
The instruction may not be ignored. The grievance procedure must be followed.
11.6.7.2 Overtime is obligatory for all employees who have accepted the responsibility of working overtime in terms of their contract of service.
11.6.7.3 No person may smoke in a !no smoking! area.
11.6.7.4 No person may be in possession of any dangerous weapon on campus without the written consent of the Rector.
11.6.7.5 Where an offence is committed in a person!s presence s/he shall be obliged to report it.
11.6.8 Offensive and Disorderly Behaviour
11.6.8.1 No person may be abusive orally or in writing about another person or a group.
11.6.8.2 Rebelliousness: No person may be rude to a supervisor or subordinate through derogatory or insulting behaviour.
11.6.8.3 No person may inflict injuries on others or utter threats of injury, assault or otherwise against them.
11.6.8.4 Assault/Fighting is not allowed.
11.6.8.5 Riotous and inflammatory behaviour is not allowed. 11.6.8.6 Harassment, personally, racially or sexually is strictly forbidden.
57 11.6.9 Offences regarding Alcohol and/or Drug Abuse
11.6.9.1 No person on duty may be under the influence or in possession of alcohol and/or any stupefying drugs, without the prescription of a medical practitioner.
11.6.9.2 No person on duty may imbibe alcohol and/or any stupefying drug.
11.6.9.3 No alcohol or illegal drugs are allowed on campus.
11.6.10 Deliberate loss of, damage to or abuse of Polytechnic property
11.6.10.1 Deliberate loss of, damage to or abuse of Polytechnic property is a serious offence which will lead to disciplinary action.
11.6.10.2 No person may be in possession of Polytechnic property without the necessary authorisation.
11.6.11 Dishonesty, Fraud and Theft
No person may:
11.6.11.1 knowingly make a false statement orally or in writing.
11.6.11.2 forge a document or change it with intent to defraud.
11.6.11.3 draw up a false report on another person with a view to prejudicing against or in favour of that person.
11.6.11.4 steal from the Polytechnic or any other person.
11.6.11.5 wrongly use any funds or property of the Polytechnic.
11.6.11.6 do private work for money during the official working hours without the written consent of the Rector.
11.6.11.7 for her/his own gain, sell any item that belongs to the Polytechnic without the prior consent of the Council.
11.6.11.8 remove or damage any approved notice fixed to a notice board.
11.6.11.9 make a false statement when s/he applies for a job or goes for a medical examination.
11.6.11.10 abuse any of the leave benefits of the Polytechnic.
11.6.11.11 abuse the parking regulations of the Polytechnic.
11.6.11.12 bribe anybody or receive any bribe.
11.6.12 Unconstitutional Industrial Action
11.6.12.1 No person may refuse to do her/his duties.
11.6.12.2 All persons must obey the conditions of service contained in their contract of service.
11.6.12.3 No person may instigate, persuade or encourage any employee of the Polytechnic to take part in any unconstitutional (unlawful) strike.
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11.6.12.4 No person may intimidate any employee of the Polytechnic into taking part in any industrial action.
11.6.12.5 No person may impinge upon the right of an employee not to strike and to continue with his duties.
11.6.13 An Employee shall furthermore be guilty of misconduct if -
11.6.13.1 s/he does something prejudicial to the administration, discipline or efficiency of the Polytechnic of Namibia, or if s/he lets such deed be done or connives at or otherwise allows such deed to be done on or in any premises of the Polytechnic or elsewhere during official functions or while on duty;
11.6.13.2 s/he unjustly criticises the administration of the Polytechnic or a Government department in public.
11.6.13.3 s/he discloses information gathered or obtained as a result of her/his work at the Polytechnic in any manner other than in the performance of her/his official duties, or if s/he uses such information for any purpose other than for the performance of her/his official duties, whether s/he discloses such information or not: provided that an employee of the Polytechnic be allowed to arrange for articles to be published in a periodical, either for consideration or not, providing such articles should first be approved by either the Rector or Vice-Rector and a Dean;
11.6.13.4 s/he accepts or claims any commission, money or remuneration, other than the emoluments payable to her/him for her/his duties s/he performs, for performing or failing to perform her/his duties, or if s/he fails to inform the Council of any offer made to her/him of such commission, money or reward.
11.6.13.5 s/he is convicted by a court of law for a criminal offence.
11.7 Dispute Resolution
11.7.1 Policy
It is Polytechnic policy to settle a dispute (a deadlock reached with regard to an individual or collective grievance) through dialogue in a climate free of external pressure, and by strictly adhering to the procedures as stipulated in the Labour Act, No. 6 of 1992. (Part ix, Sections 74 - 83.)
11.7.2 Definition
A dispute is an unresolved individual or collective grievance or grievances of employees - a deadlock reached, when such grievance or grievances remain unresolved in spite of all the steps taken and procedures followed via the labour relations structures created by mutual agreement by the Polytechnic and its employees.
11.7.3 Purpose
To endeavour to break the deadlock in order to ensure sound, productive and harmonious labour relations.
59 11.7.4 Dispute procedure
11.7.4.1 Representatives of Management must meet twice with representatives of the employees within ten (10) workdays after the dispute commenced.
11.7.4.2 At those meetings, negotiations must take place in good faith, and both parties must actively endeavour to reach a compromise and settle the dispute.
11.7.4.3 If the dispute remains unresolved, the parties mentioned in subparagraph 11.7.4.1 must meet within five (5) workdays after the last meeting mentioned in subparagraph 11.7.4.1. At this meeting, alternative ways of settling the dispute must be discussed.
11.7.4.4 Alternative ways include all conciliation machinery provided for in the Labour Act, No 6 of 1992: mediation, arbitration and the industrial court.
11.7.4.5 No industrial action (e.g. a lock-out or strike) may be initiated by either the Polytechnic or its employees, unless an effort has been made to reach a compromise and settle the dispute by means of the conciliation machinery mentioned in subparagraph 11.7.4.4.
11.8 Obligation: Good faith and striving for Labour Peace
11.8.1 The Polytechnic as well as its employees and/or any employee association (e.g. trade unions and worker councils) shall mutually agree that each party is under an obligation to act in good faith and to endeavour to create a climate of mutual trust.
11.8.2 It is the responsibility of each party mentioned in subparagraph (11.7.4.1) to strive for harmonious mutual relations, and to do everything in its power to maintain, promote and strive for labour peace.
11.8.3 All the parties mentioned in subparagraph (11.7.4.1) shall also mutually agree that they will strive for and will endeavour to conciliate mutual needs, aspirations, objectives and interests without invading the rights of any party.
60 12. TERMINATION OF APPOINTMENT
Termination of service shall mean the discontinuation of service of any staff member due to:
resignation retirement retrenchment discharge death
12.1 Resignation - Period of Giving Notice
12.1.1 Teaching Staff
(i) A staff members service may be terminated by either party giving three (3) months notice provided that the last day of the notice period is at the end of an academic semester.
(ii) The Rector may, if the circumstances warrant it, accept a shorter notice period.
(iii) A staff member may terminate a contract of employment without giving the stipulated notice to the employer, provided s/he pays to the employer an amount which is not less than the appropriate monthly remuneration s/he would have received for the notice period s/he is in breach of contract.
12.1.2 Administrative Staff, Technical Staff and General Assistants
For a member of the non-teaching staff a period of notice of one (1) month shall apply for both parties, while a member of the Rectorate shall give at least three (3) months! notice of resignation.
12.2 Discharge
12.2.1 The Council may terminate the service of any staff member on account of:
incompetence or unsatisfactory service misconduct and negligence unauthorised absence from service for a continuous period of five (5) working days negative certification of the probationary period continued ill-health or physical disability - medical incapacity
12.2.2 In the case of termination of service for health reasons, a staff member!s service shall terminate on the date that two physicians, appointed by the Council, declare her/him unfit to continue with her/his service.
12.2.3 The staff member may nominate an additional medical practitioner of her/his choice to the panel of medical practitioners at her/his own expense.
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12.3 Retrenchment
12.3.1 Any staff member may be retrenched from the service of the Council on the abolition of her/his particular post due to discontinuation of the service/ reorganisation/rationalisation of the staff establishment of the Polytechnic.
12.3.2 Council shall endeavour to accommodate the person undergoing retrenchment in another position without loss of previous status or benefits. It may, however, be deemed necessary to retrench an employee or a category of employees at certain times for economic reasons.
12.3.3 Council may terminate the appointment of a staff member who does not accept the alternative position, by giving three (3) months notice with normal remuneration and benefits.
12.3.4 Negotiations will be done at terms that will not be less generous than those stipulated in the Labour Act, No.11 of 2007.
12.4 Termination of service by death
A contract of service shall terminate on a date one (1) month, as from the date of the death of the employee.
12.5 Date on which salary shall end
12.5.1 The salary of a member of the teaching staff shall be paid to her/him on the day on which the official academic operations for the Polytechnic term in question ends.
12.5.2 If a member of the teaching staff resigns on a date later than the first day of a Polytechnic term, her/his salary shall end/be paid up to and including the last day of actual service as determined by the Rector, should the Rector accept/approve the resignation.
12.5.3 If a member of the non-teaching staff resigns on a date later than the first day of the calendar month in which s/he resigns, her/his salary shall be paid up to and including her/his last day of actual service.
12.6 Payments due on discharge, resignation or termination of service
12.6.1 No payment of salary or other benefits will be made in respect of the last pay period prior to termination of service unless the following conditions are complied with:
12.6.1.1 all amounts due to the Polytechnic or any outstanding on garnish orders from a court for collection from the employee must be paid.
12.6.1.2 a clearance certificate must be produced as evidence that all the property of the Polytechnic, such as library books, equipment and tools etc. have been returned and that all agreements and contracts entered into between the Polytechnic and the employee have been honoured in compliance with the resignation procedure as determined by the Council.
12.6.1.3 the identity card of the Polytechnic, admission discs for motor vehicles and any credit cards issued to the employee have been returned.
12.7 Retirement on Pension
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12.7.1 Normal Retirement Date
The normal retirement date of a staff member is at the end of the year in which s/he attains the age of 65 years. A staff member is compelled to retire from the service of the Council and the post s/he occupied becomes vacant.
12.7.2 Pensionable age
A staff member reaches the pensionable age on attaining the age of 60 years. S/he may elect to retire with pension on or following the age of 60 years and prior to reaching the age of 65 years.
12.7.3 Early Retirement Date
A staff member with 10 years of pensionable service may elect to retire early at any time after attaining the age of 55 years and before attaining the age of 60 years subject to the agreement of the Council.
12.7.4 Appointment on Contract after retirement - Retention of Services
In exceptional cases the Council may annually extend the term of service of a staff member whose expertise is needed on contract, up to the first day of the calendar month immediately following the calendar month in which s/he attains the age of seventy (70) years, at the request of the department and that of the staff member concerned .
12.7.4.1 Such a temporary appointment is made in a post and at a salary mutually agreed upon and without any fringe benefits.
12.7.4.2 Any extension of service is subject to the submission of a medical certificate by a medical practitioner designated by the Council.
12.7.5 Continuation of Membership of the Medical Scheme
12.7.5.1 Where applicable, a staff member who was appointed before 01 December 2006 with at least 10 years of pensionable service may, in such a manner as the regulations provide, make arrangements with the Polytechnic and the medical scheme for continued membership, as pensioner member after retirement.
12.7.5.2 Widows/widowers and dependant children of former members of the medical scheme who were appointed before 01 December 2006 with more than 10 years of pensionable service, may keep their status as beneficiaries under the scheme subject to the regulations of the medical scheme.
12.7.5.3 All employees appointed as from 01 December 2006 and their dependants shall not qualify for any employer contribution to the medical aid scheme after retirement.
12.7.6 Death
On the death of an employee who has been a contributing member of a pension fund, a pension gratuity shall be paid to her/his widower/widow or dependants, subject to the provisions of the regulations pertaining to the pension or fund concerned, and any annuity shall also be paid if such employee had qualified for an annuity in terms of the regulations of such pension or fund.