SPARROW SCHOOLS EDUCATIONAL TRUST AND SPARROW FET ...€¦ · Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd HR Manual FOREWORD Today, more than ever before

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Sparrow Schools Educational Trust

and Sparrow FET Enterprises (Pty) Ltd HR Manual

SPARROW SCHOOLS EDUCATIONAL

TRUST

AND

SPARROW FET ENTERPRISES (PTY) LTD

Human Resources

Manual

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FOREWORD Today, more than ever before the continued growth, progress and success of Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd depends on the calibre and performance of our human resources. The social, political and technological changes that are constantly taking place have significantly increased the complexity of the management process and, as a result, the pre-requisite standards for management excellence. The purpose of the Human Resources Policy and Procedure Manual is to provide concise and clear statements of Sparrow Schools Educational Trust's and Sparrow FET Enterprises (Pty) Ltd ‘s personnel philosophy, policy concepts and approaches that are pertinent and essential to the success of our Organization. Managers, Principals and Departmental Heads are encouraged to review the contents of this Manual, obtain a good understanding of the policies contained therein and be guided in meeting their employee relations responsibilities. Under no circumstances may the master copy of the manual leave the holder's office, but information must be communicated to all employees as all policies are applicable. A copy of the Policies and Procedures must be made available to all employees. We are relying on your co-operation in this important undertaking.

Implemented: Revised:

1 January 1995 1 July 1999 June 2006 1 March 2003 26 February 2004 30 August 2005 30 April 2006 02 October 2006 18 September 2009 April 2010 September 2013 October 2013 June 2014 J.W. GALLAGHER GENERAL MANAGER SPARROW SCHOOLS EDUCATIONAL TRUST AND SPARROW FET ENTERPRISES (PTY) LTD P.O. BOX 91600 AUCKLAND PARK 2006

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CONTENTS

Section Policies and Procedures Page Number

Cover Page Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd HR Manual

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Foreword Revised dates 2 Contents Sections 3

Section 1: Introduction to the Policy Manual

Introduction 4 Policy Changes and Revision 5

Section 2: Employment

Recruitment 6 Selection 7-9 Appointments 10-13 Induction 14-17 Performance Management 18-19

Section 3: Remuneration

Policy Statement 20 Advances and Loans 21 Deductions 22 Annual Bonus 23

Section 4: Code of Conduct 24-28 Conditions of Service

Acknowledgement of Debt 29

Changes in Conditions 30 Right of Search 31 Hours of Work 32 Absenteeism and Desertion 33-34 Attendance Control 35 Leave 36-40 Termination of Employment 41 Exit Interview 42 Retirement Age 43 Unemployment Insurance Fund 44 Public Holidays 45 Section 5: Training and Development

Employee Service Obligation 46 Employment Study Assistance Scheme 47 Section 6: Employment Benefits

Provident Fund 48-49 Educational Assistance 50 Medical Insurance 51-52

Section 7: Substitution

Substitution 53

Section 8: Janitorial Staff

Working Hours 54

Section 9: Disciplinary

Disciplinary Code 55-66

Sexual Harassment 67-68 Smoking Policy 69

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HUMAN RESOURCES POLICIES AND PROCEDURES

Section 1: Introduction

Introduction to the Policy Manual

Approved By: The General Manager Jackie Gallagher

Date Revised: 4 June 2014

Signature: Effective Date: 30 May 2006

INTRODUCTION This Manual contains statements of personnel policies and procedures to be followed by all management and staff members. It is to serve as a permanent reference and working guide for management and supervisory personnel in the day-to-day administration of the Organization's personnel policies, procedures and practices. These written policies should increase understanding, eliminate the need for personal decisions on matters of policy, and help to assure uniformity throughout the Organization. It is the responsibility of each and every member of the Management team to administer these policies in a consistent and impartial manner. For more complete understanding, employees should be permitted to read policies affecting them, in detail. It is essential that employees understand our policies if they are to be expected to comply with them. Procedures and practices in the field of Industrial Relations are subject to modifications and constant changes in light of experience. Therefore, changes of intent, interpretation and administration will occur periodically. All such changes will be recorded in the form of a policy or procedural statement and issued to holders of the manual routinely. Each member of the Management team can assist in keeping our personnel program up-to-date, by notifying the Board of Trustees whenever problems are encountered, or improvements can be made in the administration of our personnel policies. It is the responsibility as a member of the management team to ensure that the Manual is kept current, is in line with legislation, policies are understood by all employees, and that they are interpreted and administered uniformly.

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Section 1: Introduction

Policy Changes and Revision




POLICY Changes and revisions to established personnel policies will be promptly brought to the Principal or managers attention and must be communicated to all employees concerned. The General Manager must approve all policy changes. PURPOSE

1. To ensure that each employee is made aware of policy changes.

2. To maintain employee morale by keeping them informed. PROCEDURE Suggestions for changes in existing policies are to be presented in writing through Principal or managers to the Board of Managers. The Board of Managers will be responsible for complete dissemination of policy changes. This will be accomplished by:-

1. Forwarding a copy of policy change memorandum to all Principals and managers.

2. Principals and managers, in turn, will be responsible for ensuring that their departmental employees are informed of all policy changes.

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Section 4: Conditions of Service

Code of Conduct




Code of Conduct for all Employees in relation to the Organization as a place of learning INTRODUCTION Sparrow is an institution of learning and as such, the Organization seeks to demonstrate progressive and world class educational values and ethics. Accordingly, the Organization has developed a Code of Conduct for Employees that requires all its staff to conduct themselves in a professional manner. This Code of Conduct is to be read in conjunction with the employee’s contract of employment and various Organization Policies and Procedures that also set out conduct and performance requirements for employees. GENERAL PRINCIPLES OF CONDUCT

1. All staff are expected to recognize, respect and conform to the mission and values of the Organization. All

Organization employees must promote these values in their dealings with learners, parents, colleagues,

Trustees and donors; on a day-to-day basis.

2. All employees will treat their colleagues, superiors, learners, parents, Trustees and donors with the

utmost respect and dignity, with relationships between these parties being characterized by equitable

standards of conduct. Behavior by all Organization staff that is both ethical and professional is the

cornerstone of the ethos of the Organization, and will therefore be a critical component and obligation of

all Organization contracts of employment.

3. It is expected that employees will conduct themselves in a considerate and responsible manner,

preserving the essential learning-centered and educational character of the Organization. Employees will

therefore not conduct themselves in an unruly or disturbing manner, and will refrain from any form of

intrusive or threatening conduct, on or off the Organization premises, towards any person who is in any

way associated with the Organization.

4. Learners are to be treated with the utmost consideration and kindness. They are ultimately the

Organization’s Clients and will treat their seniors with respect if they are shown respect by employees of

the Organization.

5. Employees may not use any language, or behave in a manner that is abusive or which could be offensive

or hurtful to any person, or group of persons involved with the Organization in any way. In particular, “hate

speech”, unwanted attention or harassment of any nature is prohibited, as well as harassment which

could imply discrimination of any kind.

Note:

The Code of Conduct is to be used as an attachment to every

Organization employee’s contract of employment. This Code only

reflects the more critical general standards of conduct expected

of all Organization employees, as well as more specific conduct

expectations applicable to educators and facilitators. The Code

is therefore not intended as an exhaustive listing of the

Organization’s conduct requirements.

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Code of Conduct

6. All employees will fulfill their contractual obligations to the Organization to the best of their abilities and in

accordance with the requirements of the Organization, until they are released by termination of their employment contract with the Organization.

7. No employee will be compelled to comply with the assignment of duties for which they are not qualified or

trained, nor with conditions which make it difficult to render proper and professional service. 8. Employees may lodge an objection to any administrative policies or Organization practices that the

employee cannot accept in good conscience, through proper channels such as the Organization’s Grievance Procedure.

9. All employees, as representatives of the Organization, will act responsibly in the discharging of their

manual, professional, organizational and administrative duties. Employees are expected to adhere to and comply with all Organization policies and procedures, as well as any lawful agreements entered into with the Organization on the behalf of its employees.

10. The personal or private use of Organization facilities, equipment and property, without proper permission

or authorization, is expressly prohibited. Disciplinary measures will inevitably be taken should such misconduct be confirmed. In addition, should any such unauthorized use result in damage, injury or harm, the employee concerned will be held responsible for the results of their actions.

11. Scheduled working hours, rest periods and arranged additional or extra-mural work periods must be

adhered to by all Organization employees. Poor timekeeping practices, unexplained absences or premature departures from the Organization premises, from the employee’s place of work or from Organization events, are not conducive to orderly Organization activity or workplace discipline.

12. The Organization provides a service to its community and to its Clients, which often requires employee

involvement beyond customary school or normal working hours. Wherever possible, The Organization will notify employees of any events or functions requiring additional or extended attendance prior to such events or functions.

13. All Organization employees are required to be in attendance during normal or extended working hours,

and are also expected to be reasonably flexible i.e. willing to perform work not ordinarily expected of them but of which they are capable of performing. This is particularly the case when a colleague is absent, or is unable to perform the work that needs to be done for any reason.

COMPLIANCE WITH SECURITY AND SAFETY PROVISIONS 1. In the interests of maintaining a secure and safe learning environment for learners as well as

Organization staff, all employees are required to adhere strictly to the Security and Safety rules and regulations put in place by the Organization. Breach of these rules or security procedures by an employee will invariably be treated as serious misconduct, and will result in disciplinary action being taken against the offender.

2. Persons that are not entitled to be on the Organization property should not be permitted to remain on the

property once identified. Employees should not invite persons onto the property that have no good reason to be on the Organization’s property. This is particularly the case after normal school hours, over weekends or during School holiday periods.

3. If any visitor is invited to enter the Organization property by an employee, the responsible employee will

be expected to notify the School Security and/or Reception of the visitor’s expected arrival. All visitors to the Organization must be escorted by the employee they are visiting, and that employee is responsible for the visitor’s personal safety and behavior while on the Organization’s premises.

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Code of Conduct

4. Casual visitors will only be given entrance to the Organization’s premises if there is a legitimate reason for

their wishing to access the premises. Such visitors will only be permitted to enter the premises if the employee they are visiting or meeting is available to meet them, will escort them while on the premises, will ensure they do not disrupt any organizational activities, and will ensure that the visitor leaves the premises once their business has been completed.

5. Visitors and parents are to be discouraged from congregating immediately outside of the Organization’s

premises at the gates where congestion and security concerns may be the result. The Organization has the obligation to reasonably ensure the safety of its learners, their parents and Organization employees while attending school. The Organization therefore reserves the right of access to its premises and property.

6. Employees may not be in possession of, under the influence of, or partake in any alcohol or controlled

substances (drugs) while on Organization premises, in Organization vehicles while on duty, or during working hours and at Organization events. Employees can at any time be required to submit to breathalyzer or similar tests if suspected of being under the influence of any substance. Failure to comply will result in disciplinary action being taken against the offender.

7. Employees may not be in possession of any potentially dangerous object, weapon or firearm on the

Organization’s premises without specific permission of the General Manager. 8. The Organization reserves its right to refuse entry, or to evict employees, who report for duty under the

influence of alcohol or drugs, or if they are considered unfit for duty, or if they are found to be or suspected to be in possession of any dangerous weapon or object.

CONDUCT IN RELATION TO COLLEAGUES 1. No Organization employee may undermine or intentionally attempt to undermine the dignity, beliefs,

privacy, integrity, reputation or professional standing of another employee. Any unacceptable or intolerant behavior, harassment or discriminatory conduct in breach of Organization policies by an employee will be treated as serious misconduct and will result in disciplinary action being taken against the offender.

2. Allegations of criminal misconduct made against an employee will be properly investigated, and may

result in the application of Organization disciplinary measures against the employee, as well as criminal charges being laid against the employee concerned. As a reasonable citizen and institution, the Organization reserves its rights to seek the prosecution of employees in accordance with public and criminal procedures, in addition to instituting its own internal disciplinary procedures.

3. Should any employee have good reason to believe that a colleague is acting in a way which might be

dishonest or otherwise harmful to the Organization, other employees or to its learners, that employee has a clear duty to report their concerns to their Principal or manager/Manager.

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Code of Conduct

CODE OF CONDUCT: EDUCATIONAL STAFF PROFESSIONAL ACCREDITATION AND CONDUCT 1. All persons employed in educational or academic posts by the Organization –whether it be on a full-time

or part-time basis – are required to be registered members of the SA Council of Educators (SACE). The School will require written confirmation of an educator’s professional membership with SACE prior to any employment relationship commencing.

2. As members of SACE, all educators are required to conduct themselves in a manner that conforms fully

with the SACE Code of Professional Ethics for educators, as amended from time to time. (Available from Principal or managers)

3. In accordance with the principles of the SACE Code of Professional Ethics, educators employed by the Organization will teach in a manner that respects the dignity and rights of all learners, without prejudice as to race, religious beliefs, political affiliation, gender, physical characteristics, age, ancestry or place of origin.

4. Educators will also teach their learners with due consideration to each individual learner’s personal,

intellectual, cultural and other individual circumstances and needs. Educators will therefore be responsible for recognizing individual learner educational needs, implement appropriate instructional programmes and evaluating the progress of each of their learners.

5. The educator may not divulge information about any learner received in confidence or in the course of

professional duties, except as required by the Principal or manager or by law, or where, in the professional and considered judgment of the educator, it is considered to be appropriate to disclose relevant information to the proper authorities, in the best interest of the learner.

6. Educational staff in particular are expected to be alert to any evidence of a learner being under

unreasonable stress, or being victim of abuse or neglect. School employees that have a reasonable suspicion of any learner suffering from abnormal stress, abuse or neglect are REQUIRED in terms of this Code (and also as provided for in the Child Act and other statute) to report their suspicions to the Principal or manager and/or Learner Support Manager. Any personal information disclosed by a learner to an educator or other School employee will be treated as being strictly confidential.

7. The development and nurturing of an understanding educational relationship between the educator and

learner is desirable based on mutual respect and recognition of the role that each plays in the learning situation. The Organization will consider it to be an abuse of this professional relationship if an educator should inter alia – enter into an improper association or personal relationship with a learner show undue personal favour, or disfavor, towards any learner in any way unduly influences a learner’s marks or results commit such acts against a child which are inappropriate or unprofessional (in accordance with the SACE Code of Professional Ethics as well as the School’s Policy on Protecting the Rights of the Child as a Learner) endeavor to exert an undue influence on the learner with regard to the learner’s personal attitudes, opinions, beliefs and behavior that are in no way connected with the ethos or objectives of the Organization.

8. Educators will, to the best of their abilities, work to promote the positive qualities of initiative, self-reliance

and independence in each of their learners. In doing so they must recognize the human right to self-determination and strive to endow learners with the confidence necessary to become agents of their own learning and discovery.

9. The educator, in discharging his or her duties in relation to learners, will be punctual, prompt and well

prepared in recognition of their responsibilities with regards to the academic and personal development of their learners.

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Code of Conduct

CODE OF CONDUCT IN RELATION TO THE PROFESSION

1. No educator may undermine the professional standing of another educator. An educator must be informed if one of his or her learner is receiving private tuition from a fellow member or staff.

2. Educators will not denigrate their colleagues, or the Organization, nor shall any educator criticize a

colleague in the presence of others. If an educator experiences any concern or dissatisfaction in relation to a colleague’s conduct or standard of work, the concerned educator is required to first discuss their concerns informally and in confidence with the colleague concerned.

3. If the issues of concern are not resolved informally, the concerned educator may take the matter to their

Department Head. Making use of alternative procedures may be more suitable in certain circumstances and the educator may choose to rather make use of the Organization’s Grievance or Sexual Harassment Procedures in this regard.

4. Disputes arising between educators regarding professional concerns or differences which cannot be

resolved through personal interaction must be submitted to the Principal or manager or consideration and resolution. If necessary, the Principal or manager establish a committee or specialized panel to consider the matters in dispute, and give a recommendation or ruling on the dispute. Disputes should not be communicated or referred to external or third parties outside of the Organization structure until the Organization’s internal grievance, conflict and dispute procedures have been exhausted

5. Further to the provisions of section 34 above, should an educator have good reason to believe that a

colleague is acting in a way which might may be harmful to the Organization, or to any individual learner, there is a clear duty upon that educator to make a full report of their concerns to the Principal or manager as a matter of urgency.

6. Educators are treated by the Organization, and are respected, as professional people. As such, educators

must ensure that they act and conduct themselves at all times in a manner which maintains the honor and dignity of the profession, and is deserving of the respect they enjoy from the Organization and others.

7. All discussions at Staff Meetings shall be kept confidential.

8. The educator must accept that professional training and personal evaluation of their educational efforts and effectiveness is an ongoing and required educational and Organization development process. Educators are required to take cognizance of such evaluations conducted by or on behalf of the Organization, and make serious efforts to meet individual and departmental goals required by the Organization to sustain and improve its academic standards.

9. Educators may lodge an objection with the Organization, wherever possible through proper channels,

administrative policies and educational practices which the educators cannot in good conscience accept. The educator will endeavor to act responsibly in the discharging of professional, organizational and administrative duties, despite any such disagreements. After discussion, and with the agreement of the majority of the Organization’s staff members, the educator will adhere to any agreements negotiated and agreed to on the educators’ behalf with the Organization.

10. In the interests of the Organization being able to strive for academic excellence and provide continuity of

education to its learners, the educator will provide the Organization as his or her employer with as much notice as possible of a decision to terminate employment.

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Recruitment




POLICY It is the policy of the Organization to employ only those individuals who have the qualification and/or experience requirements and the potential to contribute to the Organization's long-term growth. We, however, do not discriminate against applicants for employment because of race, colour, creed or gender. A policy of equal opportunity will also apply to all personnel activities related to selection and promotion. RECRUITMENT The authority to recruit all staff will require the Approval of the General Manager and HR Manager. In line with the Employment Equity Act every reasonable effort will be made to appoint suitable internal and external candidates from the designated groups to vacant positions. Succession planning will be used to strive for proactive and long term appointments. And every attempt will be made to identify the potential of internal and external candidates from the designated groups, with a view also to provide appropriate skills development opportunities. JOB DESCRIPTION Job requirements for every position should be clearly established in advance and reflected in an updated job description. Once employed, the Organization reserves the right to alter or change individual staff members' job descriptions based on enrolment figures, budgetary restraints and staffing refinement procedures. JOB SPECIFICATION A detailed job specification should be completed by the line manager, prior to compiling an advertisement or liaising with employment agencies. ADVERTISING The decision to advertise in the newspaper media or to engage employment agencies will be agreed to with the General Manager and HR Manager.

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Selection




POLICY In keeping with current legislation, it is the policy of Sparrow Schools to promote equal opportunity and fair treatment in employment of everyone. All forms of unfair discrimination are to be eliminated and specifically: That no person may unfairly discriminate, directly or indirectly against any employee in any employment policy or practice. APPLICATIONS All candidates applying for a position are required to provide background information by completing an Application for Employment Form and Authorisation of Reference Qualification and Background Check Form. The qualifications and experience will be evaluated in terms of the job requirements and job specifications. SHORT-LISTING Educational Applicants The Principal or HR manager will complete the short-listing process ensuring that the minimum Operations qualification and experience as set out in the advertisement are met. General applicants The Principal and relevant manager will complete the short-listing process ensuring that the minimum Operations qualification and experience as set out in the advertisement are met. The balance between Operations qualifications and experience should be accommodated. For example, Grade 10 with four years relevant experience would be the equivalent of Grade 12 with two years experience. INTERVIEWS Educational Applicants The Principal or manager and relevant Head of Department conducts the first round of employment interviews. Standard questions are prepared. The set of interview questions will be posed to all candidates that are interviewed for the same position. The questions will be structured to elicit practical examples of behaviour under a set of defined circumstances. The function of this first round of interviews is to further shortlist candidates. At the end of this round, a report is drafted that identifies the second shortlist of candidates with reasons for recommendations. Both the HR Manager and the Principal or manager of the relevant school will conduct the second interviews using a set of interview questions. The successful candidate will be notified and all unsuccessful candidates will be notified in writing after the successful candidate has accepted the job offer.

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Selection (cont)

General Applicants The Principal or manager (e.g. Maintenance manager in case of janitorial staff) conducts the first round of employment interviews. Standard questions are prepared. The set of interview questions will be posed to all candidates that are interviewed for the same position. The questions will be structured to elicit practical examples of behaviour under a set of defined circumstances. The function of this first round of interviews is to further shortlist candidates. At the end of this round, a report is drafted that identifies the second shortlist of candidates with reasons for recommendations. The relevant Manager together with the Principal then conducts the second interview using a set of interview questions. The successful candidate will be notified and all unsuccessful candidates notified in writing after the successful candidate has accepted the position. REFERENCE CHECKS Character and business references should be thoroughly checked before making an employment offer. In every instance the previous employer, if any, should be contacted or a reference should be obtained from the last school attended. SKILLS/PSYCHOMETRIC TESTING Psychometric testing and other similar assessments of an employee are prohibited unless the test or assessment used: Has been scientifically shown to be valid and reliable Can be applied fairly to all employees Is not biased against any employee or group. The relevant selection panel will decide on the conducting of psychometric/skills testing. The panel should reach agreement on what testing is to be conducted PRIOR to applicants being interviewed.

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Selection (cont)

OBJECTION PROCEDURE Any candidate who is unhappy with the outcome of the selection process is entitled to ask for an explanation from the Organization. This request must be addressed to the HR Manager in writing. The relevant Manager will respond to the candidate in writing within 10 working days of receiving the request. The response will deal with the candidate’s ability to meet the inherent requirements of the position. APPOINTMENT OF FAMILY MEMBERS Family members and relatives of current employees will be allowed to apply and will be considered for appointment in the same manner as any other candidate. In order to act in a fair and transparent manner, any member of the selection panel (during the short listing and/or interview process) that is related to or friends with an applicant, must excuse him/herself as soon as he or she becomes aware that a family member, relative or close friend has applied for a position. Such a person may not participate or be present during the short listing or interview process. Any present employees who are related are deemed to have been appointed on merit. EMPLOYMENT OF CASUAL WORKERS The employment of casual workers is to be discouraged. Casuals should only be employed in cases of emergency and should be approved by the Board of Managers. Casual employees do not enjoy any employee benefits.

EMPLOYMENT OF FOREIGN NATIONAL WORKERS All employment opportunities must first be advertised nationally because of the high unemployment rate in South Africa. The position can only be opened up to the international labour market if it cannot be filled by a South African national. The employment of foreign national workers is to be based on exceptional qualifications, as stated by the Department of Home Affairs in the Exceptional Skills Permit. Foreign national workers must be issued with a work permit. Foreign national workers should be approved by the Board of Managers. The contract pertaining to Foreign national workers will be valid for the duration of their current work permit which permits them employment in South Africa.

SACE REGISTRATION According to the South African Council of Educators Act, Act no 31 of 2000 no educators may be employed by an employer, unless the educator is registered with the South African Council of Educators. Therefore, all educators employed by Sparrow Schools are required by law to be registered with SACE with the exceptions as outlined in the Government Gazette no. 22594 of 24 August 2001.

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Appointments



Signature: Effective Date:

30 May 2006

LETTER OF APPOINTMENT A letter of appointment explaining the conditions of employment, salary and staff benefits should be forwarded to the successful applicant as soon as possible. UNSUCCESSFUL APPLICANTS All unsuccessful applicants should be advised in writing as soon as possible, once the appointment has been finalised. INFORMATION TO ADMINISTRATION DEPARTMENT The Personal Details Form should be handed to the Administration Department on the day the new employee takes up employment. A copy of the employee's qualifications, identity document and SACE registration certificate (where applicable) must be submitted to the HR Manager within one week of the employee commencing employment with the Organization. PRELIMINARY INDUCTION All new employees must be subjected to a brief induction to the Organization by the relevant Manager followed by an induction of the school and Organization by the Principal or manager and Department Heads.

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Appointments (cont)

5. EMPLOYMENT OF NEW STAFF

a. All new employees will be required to serve a probationary period.

b. All temporary employees must be employed on a fixed period contract basis, i.e. the letter of appointment must state the starting and termination dates.

c. Should the services of a temporary employee be required for a further period, a new letter of appointment should be issued.

d. Termination of employment is subject to: o one (1) week written notice, during the first 6 (six) months employment. o two (2) weeks written notice, between the 6

th (sixth) month and the 12

th (twelfth) month;

o one (1) calendar months notice if the employee has been employed for more than one year. e. All equipment enOrganizationed to the employee must be accounted for prior to the final salary being

paid to the employee. The Organization reserves the right to recover any losses incurred. f. In the first six (6) month period of their employment employees are entitled to one (1) paid day's sick

leave for every twenty six (26) days employed. 6. PROBATION PERIOD

All new employees will be required to serve a probationary period dependent on job requirements. Timelines would be determined in relation to the degree of responsibility and accountability required. The period must be stipulated in the letter of appointment. This probationary period may be extended at the discretion of the Managers by giving written notice to this effect during the initial probationary period. If during the initial period of three months service, however, the skills, quality of work or attitude do not meet with the requirements of the Organization, the employment contract may be terminated.

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Appointments (cont)

7. SENIOR APPOINTMENTS

A senior appointment includes the following, but is not limited to: Head Office / Executive management Principals Junior management Deputy Principal All senior appointments will be announced by the Head Office / Executive management and introduced to

the relevant employees.

8. PROMOTIONS

It is the Organization's policy to promote from within and we will not discriminate against employees because of race, colour, creed or sex, providing that applicants meet the requirements of the position to be filled.

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Appointments (cont)

9. RESIGNATIONS

An employee who wishes to resign must give written notice. The contract may be terminated following the required notice periods:

a. one (1) week written notice, during the first 6 (six) months employment; b. two (2) weeks between the 6

th (sixth) month and 12

th (twelfth) month;

c. one (1) calendar months notice if the employee has been employed for more than one (1) year.

Should Management and the employee agree on the immediate termination of the employee's services, payment in lieu of notice must be made. In cases of summary dismissals, payment in lieu of notice is not applicable.

All equipment to the employee must be accounted for prior to the final salary being paid to the employee.

The Organization reserves the right to recover any losses incurred.

No educator is entitled to resign at the beginning of a general school holiday. Educators who resign at the beginning of a holiday will be expected to work in their notice period once the holiday is over.

10. CERTIFICATE OF SERVICE

A certificate of service should be issued on request to employees leaving and should include the following information:

1. Name of employee 2. Occupation and Position of Employee 3. Dates of Commencement and Termination of Service

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Induction




30 May 2006

1. Induction to Sparrow Educational Organization

The introduction of a staff member to a new working environment needs to be structured in such a way that it occurs with the least amount of disruption to the working situation, while at the same time providing the new employee with a sense of security, competency and belonging. Induction may be defined as: “….. the means by which a new employee learns how to function efficiently within a new Organizational culture by obtaining the information, values and behavioural skills associated with his/her new role in the Organization.: (Hall & Godall) Induction must be seen within the context of staff development and is merely the first stage of this development. The induction of an educator may differ from a programme in a business environment because an educator will require induction support over the first full year at a school because each Operations term is a separate aspect of the Operations year. An educator can only experience the full scope of Organization – its vision, values, requirements, etc – once they have worked through a complete Operations year at school. The induction programme at Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd consists of two phases: 1. The induction to the Organization conducted by the Line Manager.

• Part One: Conducted on the first day of commencement of employment by the Line manager in a formal environment

• Part Two: Conducted 3 to 6 months after the commencement of employment by the HR Manager in an informal setting.

2. The induction into the school or FET college conducted by the Principal or manager and the relevant

HOD fulfilling the role of mentor.

• Part One: Conducted on the first day of commencement of employment by the Line manager.

• Part Two: Conducted 3 to 6 months after the commencement of employment by the HOD fulfilling the role of mentor.

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Induction (cont)

A. Induction to Sparrow Schools Educational Trust and FET College The induction programme to Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) is conducted by the Line Manager. They will ensure that the induction programme has met the needs of the new employee. Part One of the process This is conducted before commencement of duties because many of the issues may influence the decision to accept the position. This part of the process will take place in a formal setting with the Line Manager. At the meeting, the prospective employee is given information relating to the contract of employment and includes the following:

• Conditions of employment

• Hours of work

• Leave

• Remuneration

• Deductions

• Probation

• Notice Period

• Policies and Procedures of Sparrow Schools Educational Organization

• Job Description Part Two of the process

This part of the process should take place two weeks after the employee has begun work. The time lapse between the parts is to allow the employee to undergo the induction to the school and Organization that is essential to the requirements of the position. Conducted in the boardroom and may include more than one new member of staff. The information related specifically to the Organization is disseminated and is centred round the Organization’s vision, mission, statement and values. The new employee is given an induction package consisting of the Organizational profile and related documentation outlining:

• History of the Organization

• Organogram

• Description of the schools, Organization and projects

• Financial policy of the Organization.

• Assessment criteria and performance appraisals

• Brief overview of relationships with donors and sponsors

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Induction (cont)

B. Induction to the school

Induction to the school is organised by the Principal or manager of the school. This aspect of the process is conducted in two parts. The first part should, if possible, take place before the first day of employment. The new employee will meet the staff of the school and his/her HOD/Supervisor. She/He will be taken on a tour of the school facilities and shown the resources and equipment available. The new employee will be provided with information specific to his/her particular role. In case of an educator this would include curriculum documents, policies, planning documents, learning programmes, timetables and information about classes. In the case of an administrative or maintenance member of staff, this would include policies, planning documents etc. Part Two of the induction provides the support for the new staff member to help them familiarise themselves with the new environment, ethos, culture, colleagues, etc. The mentorship starts from the first day. Having just one person with whom a new staff member can liaise reduces the potential for misunderstanding. For educators this part of the induction must be structured to include:

• familiarisation with school documentation

• school routines and procedures

• communication channels

• resources, library, etc

• school policies (discipline, assessment, class, visits, etc)

• learning programmes and lesson preparation

• classroom management

• school procedures (registration, etc)

• timetables and times of the school day

• duty rosters and extra-mural activities

• photocopying, resources and equipment

• periodic visits to the class

• brief meetings to solve problems, get feedback, etc

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Induction (cont)

For administrative staff this part of the induction must be structured to include:

• school and office policies

• familiarisation with documentation

• communication channels

• interaction with learners and parents, etc

Conclusion All employees will be introduced to the Organization through induction and this will continue into staff development. The induction programme should provide all the information an employee will need to function effectively but the structures must be in place to ensure the employee has access to support and information on an on-going basis.

23





Performance Management




30 May 2006

PERFORMANCE MANAGEMENT DEFINITION Performance management is the processes of creating a work environment where employees are enabled to perform their duties to the best of their abilities. PROCESS A performance management system begins with:

� Ensuring that an up to date job description or profile is in place.

� Developing clear, measurable, achievable and realistic objectives.

� Setting clear standards and measurements.

� Aligning employee job objectives with organizational objectives.

� Providing ongoing feedback, mentoring, coaching and training.

� Ensuring performance appraisal system measures individual performance formally at least twice a year.

� Ensuring that performance rating allocated to individual employee is a true reflection of that employee’s

performance.

PERFORMANCE RATINGS RATING 1 Not Demonstrated - Totally unacceptable performance and urgent improvement is required. RATING 2 Needs Improvement - Performance is below par and requires great improvement. RATING 3 Satisfactory performance - Average performance and still requires some improvement. RATING 4 Outstanding Performance - Meeting and exceeding all job requirements and going beyond the call of duty.

24




Performance Management (cont)

Educators: Refer to IQMS policy. New educators will complete a self-evaluation within the first month of employment. Classroom observation will take place and a personal growth plan will be developed. Established educators will develop a personal growth plan from the previous year’s performance measurement. Pre-evaluation discussions will take place in the third quarter. Personal growth plans are revised against self-evaluations. Performance measurement is a continuous process. Mentoring and/or support is provided where necessary. Assistant Educators: Assistant educators will complete a self-evaluation against approved criteria in the first quarter. Assistant educators will develop a personal growth plan from the results of the self-evaluation. A summative evaluation will be completed at the end of the third quarter. Feedback, discussion and resolution will take place and the personal growth plan will be adjusted for the next school year. Staff development: Staff development takes place throughout the school year. Meetings, workshops, mentoring, in-house training and development programmes as well as training by the GDE and or other educational Organizations is arranged by the Principal or manager after input from staff members and findings from summative evaluations.

25





Remuneration Policy statement




30 May 2006

REMUNERATION POLICY PHILOSOPHY As a non profit organization, remuneration will be used to attract, reward and motivate skilled and qualified personnel. Remuneration shall be used to reward good performance and to retain good employees. PRINCIPLES

� The salaries offered to a new employee will be in line with their qualifications and experience.

Consideration of what colleagues are paid with similar qualifications and experience will be taken into

account. This is to insure that major salary disparities are avoided.

� The application of salary increase or adjustments should be linked to the employee’s performance.

� The salary increase percentage will be determined by the performance rating of the employee.

� Where due to unforeseen circumstances, no performance assessment has been conducted, the basis for

the increase calculation will be the average performance rating.

� Every attempt should be made to maintain salary parity within the grades.

DETERMINATION OF REMUNERATION Remuneration offered to employees will depend on affordability and budgetary factors. SALARY INCREASES Salary increases shall be determined by the performance rating an employee has obtained according to the performance rating scale under Performance Management. AUTHORISATION OF INCREASES The General Manager will approve all increases after consultation with the Board of Trustees and Sparrow Management Team. PERFORMANCE APPRAISAL Annual salary reviews must be preceded and supported by a performance appraisal, conducted and recorded in accordance with the appraisal system.

PAYMENT OF SALARIES All staff will receive payment on the last day of each month.

26





Advances and Loans




POLICY The Organization does not encourage employees to apply for loans and advances on their salaries. Loans and advances on salaries will be granted at the discretion of the Organization in an extreme emergency. Where an unplanned event could result in severe hardship for the employee and his/her family for example, in the event of death. PROCEDURE 1. APPLICATIONS FOR LOANS/ADVANCES

In the event of an emergency an employee should consult with the Financial Manager. The Financial Manager will forward to Executive Management for Approval. All Loan/Advance Applications should be approved by the General Manager and should not exceed 75% of one month's salary.

In granting a Loan/Advance, cognisance of the employee's: - Service with the Organization - Position in the Organization - Reasons for the Loan - Previous Loan History

- Existing Loans

2. LIMITATIONS

All Loans/Advances will be subject to availability of funds at the time. An acknowledgement of debt agreement must be completed and signed by the employee. All Loans/Advances should be recovered within a maximum period of three months.

3. INTEREST No interest will be charged to employees over a three month period. 4. FREQUENCY Only one Loan/Advance will be granted per year.

27





Deductions




SALARY AND WAGE DEDUCTIONS Deductions will be made for the following: 1. P.A.Y.E. Deductions will be made in accordance with the current official Tax Table.

2. Unemployment Insurance Fund - According to the current tables.

3. Any other deductions that may be legalised from time to time. 4. On termination of service, a deduction calculated in lieu of the loss of the Organization's equipment.

28





Annual Bonus




1. BONUS

A bonus may be given at the discretion of the Organization and subject to availability of funds and the

performance of the individual, but no employee has a right to claim any bonus or part thereof. A bonus shall be determined by the performance rating an employee has obtained according to the

performance rating scale under Performance Management. In the event of sufficient funds becoming available for bonuses then all salaried staff who have worked a full

twelve month period and are in the employment of the Organization at the time of issuing a bonus will be eligible to receive a bonus of up to a maximum value of one month's salary. Pro-rata bonuses may be made to those with 8 to 11 months service.

2. TERMINATION

No pro-rata bonus will be made to employees whose service was terminated for any reason whatsoever before the time of issuing the bonus.

29





Acknowledgement Of Debt




It is the policy of the Organization, that where an employee is indebted to the Organization, the employee will be required to sign an acknowledgement of debt.

30




Section 4: Conditions Of Service

Changes In Conditions




30 May 2006

AUTHORISATION Changes in conditions of employment will only be authorised in writing by the Board of Managers. Any errors or misinterpretations will be rectified on discovery and will not be construed as a precedent.

31





Right of Search




30 May 2006

PROPERTY PROTECTION

In order to protect the property of the Organization and its employees, employees will, on occasion, be asked to submit to the search of parcels, briefcases or other containers that they may be carrying. Only management of the Organization are authorised to carry out these searches. Any employee refusing to be searched will be subject to disciplinary process which may lead to dismissal.

32





Hours of Work




07 September 2009

HOURS OF WORK

The School hours for educators, educator’s assistants and administration staff at The Foundation School are from 07H30 to 15H30 from Monday to Thursday and 07h30 to 13h00 on Friday of each week. The School hours for educators, educator’s assistants and administration staff at The Combined School are from 07H30 to 15H30 from Monday to Thursday and 07h30 to 13h00 on Friday of each week.

The working hours for janitors are 07h30 to 16h00, however if a janitor lives on the premises the hours are 07h30 to 16h30. The working hours for Head Office Staff are 08H00 to 16H00 Monday to Thursday and 08H00 to 15H00 on a Friday of each week.

All employees will be requested to devote such time and attention as is reasonably required to properly perform all the functions and duties of the employee’s specific role.

Employees may be called upon to make themselves available for extramural activities , donor fundraising events and staff development after school hours or on weekends.

School Staff members will also be expected to attend at least one compulsory Parent's Day per school term. Attendance at, at least three school functions after working hours will be expected annually. Staff members will not be allowed to leave work early except in the case of a serious emergency. All routine medical check-ups and personal matters must be taken care of outside of working hours. Staff members may not take unpaid leave without permission and must offer at least one week's notice, unless in the case of an emergency.

33





Absenteeism and Desertion




15 April 2009

POLICY 1. ABSENTEEISM:

1.1 Regardless of the reason, employees are not entitled to be absent without leave from work or from their workstations (classrooms), during working hours. The Organization’s disciplinary code provides for severe disciplinary action where employees infringe this policy.

1.2 Where an employee is absent unexpectedly for reasons of ill health or unavoidable reasons, the employee must complete a leave form on his/her first day of return to work. For all other reasons for leave, the onus for timeously requesting and confirming the granting of such leave, rests with the employee. A minimum of one (1) week prior to the requested leave will be required. All leave application forms to be submitted to the HR department once a month by the line manager responsible for leave forms.

1.3 In all cases of absence, the employee is him/herself required to contact his/her line manager directly, by 07H30 on the day of absence, so as to provide the following information:

• The reason for the absence

• The expected duration of the absence

1.4 In this regard, should an employee fail to speak directly, in person to his/her line manager or, in the absence of his/her manager, to a Head of Department in respect of the above, the employee will be held responsible should a message not reach his/her manager.

1.5 An absence from work without authority or good cause will result in the employee not being entitled to any remuneration for the period of absence.

1.6 The employee will also not be entitled to payment should he/she fail to submit a valid medical certificate from a practitioner registered with the Health Professionals Council and has been absent for two(2) consecutive days or more, or on more than two(2) occasions during an eight (8) week period.

1.7 Any employee who breaches the above requirements will be subject to discipline in terms of the

Organization’s disciplinary policy. Sanctions against employees found guilty of misconduct could range from warnings to dismissal depending on the severity of the absenteeism and the number of previous warnings, if any.

34




Absenteeism and Desertion

2. Desertion

2.1 An absent employee can only be established as a deserter if it is confirmed that he/she has no intention of returning to work. 2.2 In order to establish the facts, an investigation must be instituted to determine the employee’s whereabouts and whether he/she intends to return to work. 2.3 This should be done via the making of enquiries with the employee’s colleagues, phoning the employee or next of kin, sending notes, letters, telegrams or emails to the employee requesting the employee to explain his/her absence. The wording for telegram could be: “You have been absent without authorization since ……… .Should you fail to contact your principal or manager/manager within 24 hours, you will be deemed to have absconded.” 2.4 It is only after this procedure has been exhausted and the employee has been given sufficient opportunity to respond, that a disciplinary hearing will be conducted.

2.5 Should the employee return to the workplace after his/her employment has been terminated, the employee will have a three month period before the Deserter Enquiry will be re-opened. This is so that his/her reasons for absence can be examined. Should he/she show good reason for his/her absence and for failing to contact the Organization, reinstatement must be seriously considered. 2.6 The Deserter Enquiry must follow the structure and procedures of a disciplinary hearing as per the Organization’s disciplinary policy.

35





Attendance Control




15 April 2009

POLICY 1. ATTENDANCE CONTROL Each Manager/Principal or manager with their Department Heads are responsible for the efficient use of employees assigned to him/her. Lost time must be properly controlled, therefore the Manager/Principal or manager and Department Heads must:-

a. Know the contents of the Organization’s absenteeism policy and other policies relating to leave.

b. Make certain all employees reporting to him/her are aware of these policies.

c. Maintain day-to-day attendance records.

d. Counsel employees upon their return to work after an absence, collect relevant documentation and attach

to attendance registers.

e. Review frequently these attendance registers.

f. Counsel employees whose attendance is unsatisfactory and document.

g. Take disciplinary action against employees whose attendance continues to be unsatisfactory.

h. In cases of repeated absence the Organization may request a medical opinion from its own designated

doctor, concerning the medical fitness of the employee.

2. PROCEDURE:

a. Employees are to sign the attendance register daily on arrival at work.

b. The school secretary responsible for attendance registers is to ensure that leave forms are completed by

employees on their return to work after an absence.

c. Leave forms are to be thoroughly checked and signed by the principal or manager/manager.

d. Leave forms to be filed in employee’s personnel file.

36





Leave




15 April 2009

POLICY LEGISLATION: 1. ANNUAL LEAVE:

The Organization must grant an employee at least: 1.1 21(twenty –one) days annual leave if the employee works a five day week on full remuneration for each annual leave cycle; or 1.2 one day of annual leave on full remuneration for every 17(seventeen) days on which the employee worked or was entitled to be paid.

2. FAMILY RESPONSIBILITY LEAVE:

2.1 An employer must grant an employee, during each annual leave cycle, at the request of the employee, 3(three) days’ paid leave, which the employee is entitled to take:

• when the employee’s child is born

• when the employee’s child is sick provided there is a valid medical certificate from the

medical practitioner consulted.

• in the event of the death of the employee’s spouse or life partner; or the employee’s

parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

3. MATERNITY LEAVE:

3.1 An employee is entitled to at least 4(four) consecutive months’ maternity leave. An employee may commence maternity leave at any time from 4(four) weeks before the expected date of birth, unless otherwise agreed, or on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee’s health or that of the unborn child. 3.2 No employee may work for 6(six) weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.

3.3 An employee who has a miscarriage during the third trimester of pregnancy, or bears a still born child, is entitled to maternity leave for six (6) weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.

37




Leave

4. SICK LEAVE:

4.1 “Sick leave cycle” means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment; or the completion of that employee’s prior sick leave cycle. 4.2 During every sick leave cycle, an employee is entitled to sick leave equal to the number of days an employee would normally work during a period of 6(six) weeks. 4.3 During the first 6(six) months of employment, an employee is entitled to 1(one) day’s paid sick leave for every 26 (twenty-six) days worked.

LEAVE REGULATIONS 1. ANNUAL LEAVE: 1.1 Teaching staff, school administration staff (secretaries and treasurers), Learner Support staff, Heads of Department and Principal or managers will be required to take their annual leave during scheduled and official school holidays.

1.2 Principal or managers, Heads of Department and school administration staff (secretaries and treasurers) will be expected to remain on duty for at least 3 (three) days after school has broken up and for 3 (three) days prior to the re-opening of schools every school holiday. Principal or managers and school administration staff may, however, be expected to remain on duty for extended periods during school holidays as circumstances dictate. As much prior notice as is possible will be given in this regard.

1.3 Head Office and Maintenance staff will not be entitled to general school holiday leave. 21 (twenty- one) working days must be taken annually. Everyone will be required to take the 10 (ten) days over the festive season (December) as part of their leave entitlement. The balance of 11 (eleven) days must be taken during the rest of the year. 1.4 Managers are entitled to 26 (twenty-six) working days leave annually. All managers are required to take the 10 (ten) days over the festive season (December) as part of their leave entitlement. The balance of 16 (sixteen) days must be taken during the rest of the year. 1.5 Any annual leave not taken within the required period will lapse automatically and is not capable of being accumulated or encashed. 1.6 On termination of employment, the Organization will be entitled to deduct any annual leave taken in excess of the days allowed from the final payment due to the employee.

1.7 Annual leave must be planned and organized well in advance and in consultation with the

relevant line manager. 1.8 Leave pay will be calculated in accordance with Section 35 of the BCEA.

1.9 All other terms and conditions will be applied in accordance with the Basic Conditions of Employment Act.

38




Leave

2. FAMILY RESPONSIBILITY LEAVE:

2.1 Subject to the conditions that an employee has been with the Organization for longer than 6 (six) months and works for at least 4 (four) days a week for the Organization, the Organization will, on request, grant an employee 3 (three) days paid leave, which the employee is entitled to take:

• when the employee’s child is born

• when the employee’s child is sick provided there is a valid medical certificate from the

medical practitioner consulted.

• in the event of the death of the employee’s spouse or life partner, or the employees

parent, adoptive parent, grandparent, child, adoptive child, grandchild, sibling.

• in the event of serious, verifiable sickness of a parent.

2.2 An employee may take family responsibility leave for the whole or part of a day.

2.3 Before granting an employee paid leave for family responsibilities, the Organization may require reasonable proof of an event specified above. 2.4 Where necessary, an additional 2(two) days paid leave may be granted for travelling, at the discretion of the Board of Managers. 2.5 In the event of the death of family other than the described above, a maximum of 5 (five) days unpaid leave may be granted at the discretion of the Board of Managers. 2.6 Should staff require time off to attend to sick family members, this leave will be granted, but will be classed as unpaid leave. 2.7 An employee’s unused entitlement to family responsibility leave lapses at the end of the annual leave cycle in which it accrues. 3. MATERNITY LEAVE: 3.1 All female employees are eligible for maternity leave with a total duration of 4 (four) months. 3.2 During the period of maternity leave, the Organization isn’t required to remunerate the employee, and will therefore be entitled to 4 (four) months of unpaid leave and may be eligible to claim maternity benefits from the Unemployment Insurance Fund. 3.3 Should employees be entitled to benefits payable by the Unemployment Insurance Fund (UIF) during their absence on maternity leave, such benefit must be claimed by the individual. Eligibility for such benefits will depend on the UIF fund rules that are applicable at the time of confinement. 3.4 Application for maternity leave must be lodged with the Line Manager at least four weeks before the date of delivery. The application must be supported by written confirmation of the pregnancy by a registered medical practitioner. 3.5 All other conditions surrounding maternity leave will be governed by the Basic Conditions of Employment Act 3.6 On her return to work, the Organization doesn’t undertake to place the staff member in the same position she held before she took maternity leave. However, the Organization does undertake to place her in a position of equivalent status and level of remuneration. 3.7 The Organization also allows for maternity leave for adoption. UIF also has adoption benefits. 3.8 Should retrenchment take place in the job category of the employee who is on maternity leave, the job will not be guaranteed and the employee will be considered for retrenchment in the same way as other employees.

39




Leave

4. SICK LEAVE: 4.1 Sick leave will be granted on the grounds of incapacity to work due to sickness or injury. 4.2 In terms of the Basic Conditions of Employment Act, the Organization will currently permit 36 (thirty-six) working days sick leave during any cycle of 36 (thirty-six) consecutive months of employment, and in the first 6 (six) months of employment the Organization will grant 1 (one) days paid sick leave for every 26 days worked. 4.3 Should an employee exhaust his/her paid sick leave, then he/she will not be entitled to any further paid sick leave during the period concerned. Unpaid leave may be considered.

4.4 If employees are off work on a Friday or Monday, or on the working day immediately before or after a public holiday, they must produce a medical certificate. Disciplinary action will be taken if employees are found in breach of the policy, and will be treated as unpaid leave if there’s no valid medical certificate.

4.5 An employee who needs to be absent from work for reasons of sickness or injury, must either personally, or through another person, notify the relevant principal or manager/manager by 07H30 on the first day of absence, of the reason for the absence and expected duration of the absence. 4.6 Should the absence extend for two (2) consecutive days or more or on more than two occasions during an eight week period, the Organization must be provided with a certificate from a registered medical practitioner immediately upon return to work, failing which the Organization may decline to pay for sick leave taken. The medical certificate is to state the nature of the sickness or injury, the date upon which the employee became unfit to work and the date when he/she is fit to resume work. The medical certificate must also clearly indicate the name, telephone number and address of the medical practitioner consulted. 4.7 Management may under certain circumstances request a medical certificate for periods of absence of less than 2 (two days). 4.8 The Organization’s sick leave regulations are governed by the Basic Conditions of Employment Act. 4.9 The sick leave provisions do not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No 30-1993), expect for any period during which no compensation is payable in terms of the act. 5. SPECIAL LEAVE: The Organization may grant special leave at its sole discretion and after consideration of all the available facts, and reserves the right to treat each application on its merits. 6. STUDY LEAVE: The Organization recognizes the need and desirability for its employees to improve their knowledge and skill. To this end, leave may be granted for approved and work-related courses as follows: 6.1 Study leave must be applied for well in advance and in consultation with the Line Manager. 6.2 Employees may take 1 (one) working day’s study leave for the day on which the actual examination is written. A maximum of 8 (Eight) days may be granted. 6.5 Study leave won’t be granted to employees who have failed and who wish to repeat courses and/or examinations.

40




Leave

7. UNPAID LEAVE: 7.1 Unless there are acceptable reasons given in applications for unpaid leave, such leave won’t normally be granted. 7.2 Application for unpaid leave must therefore be motivated fully and approved by the Line Manager. 7.3 Factors such as, but not restricted to, the duration, timing and reason for the unpaid leave requested, will determine whether or not the application can be considered. 7.4 Application for unpaid leave must be made timeously in advance of such unpaid leave. PROCEDURE: 1. Leave application forms are to be completed and submitted by all employees of the Organization. 2. Application for leave under controllable circumstances for example, annual, study, maternity and certain sick leave, is to be made at least two months in advance to ensure the proper planning of resources. 3. Where circumstances dictate that a leave form needs to be submitted after the event, the responsibility rests with the applicant to ensure that this is done at the earliest possible opportunity. 4. Application for leave must be made for each category of leave on the prescribed leave application form. 5. The leave application form, duly completed and signed by the applicant, must be submitted to the relevant manager for signature. 6. Leave forms must be submitted to the HR department once a month for approval and for personnel record purposes. 7. Absence without leave will be viewed as a serious breach of the Organization’s rules and regulations.

41




Conditions Of Service

Termination of Employment




30 May 2006

Termination of employment shall occur where an employee has contravened the Organization's rules and regulations to such an extent that the Management Committee deems that the employees continued employment with the Organization will be detrimental to the development of the Organization, or when such employee proves unsuited for a particular position.

An employee or group of employees services may be terminated as a result of retrenchment, in which case the notice period according to the employee's letter of appointment will be given:

a. one (1) week written notice, during the first 6 (six) months employment, b. two (2) weeks notice between the 6

th (sixth) and 12

th (twelfth) month;

c. one calendar months notice if the employee has been employed for more than one year. Senior appointments will be required to give four (4) weeks written notice at the discretion of the Organization.

42





Exit Interview




02 October 2006

POLICY

1. When an Educator or Staff member leaves the employment of the School, an exit interview must be conducted by the HR Manager or any manager other than the line manager.

2. The exit interview questionnaire should be given to the incumbent a week before, so that he/she can

comply with requirements on the exit interview, before he/she attends his/her exit interview.

3. The Principal or manager or line manager will arrange the interview with the incumbent at a date & time to allow sufficient time, for the incumbent to complete or hand in certain tasks, files or resources.

4. Only when the Principal or manager or line manager is satisfied that everything has been done, may the

form be signed off.

5. If there are any shortages, salary will be withheld until such times as a replacement has been sourced.

6. Principal or manager or line manager to notify the HR Manager that his/her salary may be released.

43





Retirement Age




02 October 2006

POLICY An employee is entitled to work until he/she has reached the retirement age, which is currently 65. When an employee reaches the age of 65, all contributions towards their Provident Fund, both by the Organization & employee will cease.

44





Unemployment Insurance Fund




AIM The aim of this Act is to provide unemployment, maternity, illness and death benefits, by means of a central fund, to which employers, employees and government contribute, and as set out in the title to the Act, to combat unemployment. CONTRIBUTIONS Contributions are at a rate of 1% of employee's total earnings and an equal amount by the Organization, i.e. in total 2%. BENEFITS Details of benefits and requirements will be made available on request. PLEASE NOTE Contributions can be increased at any time, by proclamation.

45





Public Holidays / Religious Holidays




21 May 2009

POLICY

1. The holidays that are provided for in terms of The Public Holidays Act, which may or may not have a religious or secular basis, will be recognized by the Organization and enjoyed by all employees and learners. They are as follows:

1.1. New Years Day 1 January 1.2. Human Rights Day 21 March 1.3. Good Friday Friday before Easter Sunday 1.4. Family Day Monday after Easter Sunday 1.5. Freedom Day 27 April 1.6. Workers Day 1 May 1.7. Youth Day 16 June 1.8. National Women's Day 9 August 1.9. Heritage Day 24 September 1.10. Day of Reconciliation 16 December 1.11. Christmas Day 25 December 1.12. Day of Goodwill 26 December

46




Section 5: Training and Development (b)

Employee Service Obligation




POLICY The Organization will provide specific training and development to encourage employees to improve their educational qualifications and skills. In the interest both of the Organization and the employee, training and development courses accessed or financed by the Organization must be relevant to the employee's present position or possible future position with the Organization. GENERAL CONDITIONS 1. All permanent employees will be eligible for selection for attending training and development courses. 2. Training and development programmes will only be considered if the proposed course of study is of benefit

to the employee in his/her present position or possible future position within the Organization. 3. If the employee fails to fulfil all requirements of the training programme, he/she will be liable for the cost

thereof. 4. Applications for training and development programmes must be applied for annually. 5. The Organization's participation in the approved training and development programme is conditional on the

understanding that the employee remains in the employ of the Organization for the time period stipulated in the Contract.

6. It is necessary, for participation in this scheme, that the attached undertaking be formally agreed to by both the employee and the Organization.

47




Section 5: Training and Development

Employee Study Assistance Scheme




PROCEDURE 1. All applications for training and development must be made in writing on the Training and Development

Form, prior to registration. The Form is available from the Financial Manager and should be returned to him/her.

2. All applications must be supported by the Principal or manager's recommendation. 3. Once approved by the Principal or manager and/or Manager, the Service Obligation Contract should be

signed and attached to the Application Form. 3. The total cost of the training programme advanced will be recovered should the employee fail to meet all the

requirements of the training programme. 4. If an employee's service is terminated or the employee resigns for any reason whatsoever, the full amount

outstanding will immediately become due and payable. APPROVAL

Final approval rests with the Board of Managers and is subject to the availability of funds allocated for this purpose.

48




Section 6: Employment Benefits

Provident Fund



Signature: Effective Date: 01 July 2007

POLICY The FundsAtWork Provident Fund is a retirement benefit scheme for all Sparrow employees, employed in a permanent capacity by the Sparrow Schools Educational Organization. New employees will be entitled to membership of the provident fund after successfully completing their probationary period. The FundsAtWork Provident Fund is administered by Momentum. Mark Eardley of Eardley Green Assurance Brokers has been appointed to manage the provident fund on behalf of Sparrow Schools Educational Organization. The Organization will contribute 10% of the employee’s gross salary to the provident fund on behalf of the employee. This contribution is not reflected on the monthly pay slip, nor the IRP5 at the end of the financial year. Any future increases in contribution will be at the discretion of the Organization and dependent on the availability of funds. 2 PROCEDURE:

a) Once an employee has successfully completed their probationary period, the Financial Manager

will notify Mark Eardley that the employee is to be given membership of the provident fund.

b) Momentum will supply the employee with a detailed member guide, a beneficiary nomination form

and a personal information form.

c) Both forms are to be completed by the employee and returned to the HR department.

d) The beneficiary nomination form is to be placed in the employee’s personnel file. It is the

responsibility of the employee to update beneficiary details when necessary or when changes

occur.

e) The personal information form is to be faxed or emailed to Momentum’s client contact centre.

The original form is to be placed in the employee’s personnel file.

3 TERMINATION OF EMPLOYEMENT

a) If an employee’s contract of employment is terminated, for whatsoever reason, the employee is to

complete and sign a FundsAtWork Withdrawal form before the exit interview is concluded.

b) The FundsAtWork Withdrawal form will be made available to the employee by the Financial

Manager.

c) The Financial Manager will fax/email the FundsAtWork Withdrawal form to Mark Eardley of

Eardley Green Assurance brokers after the payroll run for that specific month. Mark Eardley will

notify Momentum on behalf of Sparrow Schools Educational Organization.

d) Payment will be made directly to the employee by Momentum.

49




Section 6: Employment Benefit

Educational Assistance


Date Revised: 18 October 2013


POLICY All employees who have their own children attending any of the Sparrow Schools will pay 50% of the annual school fees. Staff may request that this amount is deducted from their monthly salary. This option is only available to staff who are employed in a full time capacity and who have successfully completed their probationary period.

50




Section 6: Employment Benefits

Medical Aid/Insurance




MEDICAL AID / INSURANCE Membership to the medical aid is optional for any staff member who has successfully completed their probationary period. The Organization will pay 50% of the total contribution to the Medical Scheme up to a maximum of R 750.00. The Organization will not pay any contributions to the Medical Scheme if and when the employee is being subsidised by any other entity. 1. PROCEDURE

a) After completion of the initial three- (3) months probationary period the employee has the option of joining a Medical Insurance Scheme of their choice.

b) The employee will meet with the consultant, independent of Sparrow’s involvement, and decide which scheme and what premiums best suits their individual needs.

c) The employee must inform the Human Resources Department, in writing in the form of a membership certificate, of their total contributions to the scheme two weeks before the first contribution is due to be paid.

d) The Organization will pay 50% of the contributions to a maximum of R750.00. If the entire premium is more than R 1,500.00 the employee will be required to contribute the balance outstanding after the R 750.00 paid in by the Organization.

e) The first contribution will be made on the month of the policy’s inception as per written confirmation.

f) If for any reason the contribution is not made in that month, a double contribution will be made the following month.

g) It is the responsibility of the employee to inform The Human Resources Department in writing of any alteration to the policy that leads to a change in policy contribution.

2. CANCELLATION AT TERMINATION OF EMPLOYMENT

a. If an employee's contract of employment is terminated, for whatsoever reason, it is the employee's responsibility to contact the Medical Aid and either cancel the policy or pay the full contribution.

b. The Organization will not be responsible for any payment following the final month of the employment.

3. TERMINATION OF MEDICAL AID a. If an employee's medical aid is terminated or has lapsed, for whatsoever reason, it is the responsibility of the

employee to immediately inform The Human Resources Department in writing of the termination date.

b. The HR department will request a membership certificate showing the termination date and will deduct any contributions paid by the Organization after the termination date.

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Section 7: Substitution

Substitution




PROCEDURE For the first two days of a teacher’s absence classes will be combined or a substitution list compiled which utilises teachers and staff from that specific school. If it is known that a teacher will be absent for three or more days without pay, the principal or manager is to consult the external substitution list. It is the principal or manager’s responsibility to inform the HR Manager, following this confirmation, they are to contact the person concerned (candidate of their choice) to make the necessary arrangements. The principal or manager will inform the candidate of the daily rate and that the amount due to them will be available at the school on the last working day of the month. If the candidate accepts the position the principal or manager is to fax the Substitution Payment Request form to the HR Manager at Head Office. 2. BUDGET Each school will have an allocation of R 1000-00 per year toward substitution. If a teacher is absent without pay the Organization will cover the cost of that position for the allocated number of days, without affecting the schools allocated budget. If the school depletes their budget before the end of the year, the school will then be responsible for raising funds to accommodate any further substitution before the substitution occurs.

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Section 8: Janitorial Staff

Janitorial Staff




1. Working Hours:

Staff living on premises: 07h30 - 16h30 Staff not living on premises: 07h30 - 16h00 Normal working hours apply during school holidays.

2. Tea and Lunch Times: (these times may be changed as per the needs of the school) Tea will be taken at: 10h00 - 10h15 14h45 - 15h00 Lunch will be taken at: 12h00 - 13h00

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Section 9: Disciplinary Code

Disciplinary




Preamble It is the objective of the Organization to operate a disciplinary procedure which is fair and just, in that this is in the mutual interest of the Organization and all employees. The objective of the Code will be to ensure the fair and consistent disciplining of all employees. Discipline is not to be regarded as punishment but rather as a process to correct bad practice or habits, except in serious cases where it may be necessary to terminate the services or choose the appropriate remedy as a deterrent for an offender. The Code recognizes the right of the Organization to take disciplinary measures against employees who do not conform to the Organizations’ rules and standards, and recognizes the right of the employees to a fair and consistent working environment. Principles of the Code The principle of progressive penalties affords all employees an opportunity to correct unsatisfactory behaviour, performance and work habits. The principle of representation affords all employees the right to be heard. Whenever a serious disciplinary action against an employee is contemplated, the employee shall have the right to state his/her side of the case and this evidence must be taken into account before arriving at a finding or disciplinary action is taken. Where disciplinary action is taken against an employee, the employee will have the right to appeal against the decision based on either procedural or substantive fairness by completing the Appeal Form and submitting it either to the Head of Department, Principal or manager or HR Manager within five working days. The disciplinary code forms part of the terms and conditions of employment of every employee. The code should be read with the Code of Good Practice for Dismissal as contained in Schedule 8 of the Labour Relations Act of 1995

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Disciplinary (cont)

Parties Obligations

The employer will:

• Maintain fair and consistent disciplinary procedure.

• Ensure that all employees are aware of the rules laid down for acceptable and reasonable standards of behaviour expected of them at the workplace.

• Treat employees with respect and dignity.

The employee will:

• Comply with the disciplinary code and procedures.

• Treat other persons and their property with respect.

• Ensure that he/she is familiar with requirements in terms of disciplinary standards in the workplace. Forms of Discipline Disciplinary action can take a number of forms, depending on the seriousness of the offence and whether the employee has breached the particular rule before. The following forms of discipline can be used (in order of severity):

• Verbal warning;

• Written warning;

• Final written warning;

• Suspension without pay (for a limited period);

• Demotion, as an alternative to dismissal only; or

• Dismissal. Disciplinary Code The employer party should establish how serious an offence is, with reference to the code. If the offence is not very serious, informal disciplinary action can be taken by giving an employee a verbal warning. The law does not specify that employees should receive any specific number of warnings, for example three verbal or written warnings, and dismissal could follow a first offence in the case of serious misconduct. Formal disciplinary steps would include written warnings and the other forms of discipline listed above. A final written warning could be given in cases where the contravention of the rule is serious or where the employee has received warnings for the same offence before. The most serious disciplinary action, such as suspension without pay, demotion (as an alternative to dismissal) and dismissal should follow only after a disciplinary hearing. Written warnings will remain valid for 3 to 6 months. Final written warnings will remain valid for 12 months. A warning for one type of contravention, is not applicable to another type of offence. (In other words, a first written warning for late coming could not lead to a second written warning for insubordination). Employees will be requested to sign warning letters and will be given an opportunity to state their objections, should there be any. Should an employee refuse to sign a warning letter, this does not make the warning invalid. A witness will be requested to sign the warning, stating that the employee refused acceptance of the warning. Dismissal is reserved for the most serious offences and will be preceded by a fair disciplinary hearing, unless exceptional circumstances results in a disciplinary hearing becoming either an impossibility (e.g. the employee absconded and never returned) or undesirable (e.g. holding a hearing will endanger life or property). Disciplinary hearings will be dealt with in terms of this code.

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Disciplinary (cont)

The Rights of Employees In the widest terms of the application of the disciplinary code, all employees shall have the following rights during a disciplinary hearing:

- Be represented by an employee from the workplace at which he/she is employed. However, it is his/her duty to arrange for such representation.

- Be notified in writing of the charge in advance of the disciplinary hearing, thereby affording the

employee and his representative an opportunity to prepare for the disciplinary hearing.

- Request an interpreter. It is the duty of the School to provide an interpreter should the employee request one.

- Be allowed to state his/her case, and defend himself, both in respect of the allegations or charges as

well as in the determination of a sanction.

- Call witnesses. However, it is the employee's responsibility to arrange for the attendance of such witnesses.

- Cross-examine any School witnesses, or to have copies of any documents produced as evidence at

the hearing.

- Appeal to a higher authority/ level of Management in accordance with the Appeal Procedure set out hereunder.

� Be notified in writing of the outcome of the Disciplinary Hearing. � Be entitled to all documentary evidence and statements presented as evidence at the disciplinary

hearing as well as a copy of the minutes of the disciplinary hearing.

- Where an employee refuses and/or fails to attend the disciplinary hearing, the disciplinary hearing may be held in his absence without further notice to him.

- A record of the proceedings will be kept by a person appointed or nominated by the Chairperson.

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Disciplinary (cont)

Disciplinary Procedure Discovery This process entails information being obtained by a superior from sources like Organization documentation employees, learners, parents, controls, etc., indicating that deviation from Organization standards has occurred Investigation The next step entails a procedure through which the appropriate superior has to determine whether misconduct took place. The thoroughness with which an investigation is conducted will vary depending on the availability of facts, e.g. lateness and poor timekeeping may only require a sign in sheet to be examined by the superior, whereas a dishonesty charge may require a more lengthy and thorough process of investigation. The conclusion of the investigation will be communicated to the employee concerned. Classification of Offences and Representation During The Course of an Investigation The schedule of offences is divided into four levels or categories of progressively serious transgressions of the Code. The accused may at this stage seek clarity on the charges that are being investigated in order to assist the employee at the subsequent hearing, should a hearing be necessary. Disciplinary Action Once the investigation reveals the necessity for taking action, five options become available. Corrective Disciplinary Interview This is the first step to be taken with Category A offences and less serious transgressions at Category B, the purpose is to instruct the employee on the standards required within the Organization and aims to correct the misdemeanor before it becomes a problem. Formal Verbal Warning This interview is conducted by the Head of Department and/or Principal or manager/Deputy Principal or manager/Director, it takes place in private. The purpose of this is to reprimand and instruct the employee on the standard required within the Organization. At the discretion of the Representative of the Organization a verbal warning may be issued for Category A offences and less serious transgressions at Category B when the standards are known to the employee when the transgression occurs.

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Disciplinary (cont)

- First Written Warning This interview is conducted by the Principal or manager/Deputy Principal or manager/Director; it takes place in private in the presence of the Head of Department. The purpose of this is warning is to reprimand the employee and inform the employee of the deviation from the previously instructed standard. At the discretion of the Representative of the Organization a first written warning may be issued for Category A offence that has been repeated following a formal verbal warning and for first time transgressions at Category B. An action plan to overcome the deviation must be formulated and agreed on by the employee and the Organization Representative. - Final Written Warning This interview is conducted by the Principal or manager/Deputy Principal or manager/Director; it takes place in private in the presence of the Head of the Department. The purpose of this warning is to reprimand the employee and inform the employee of the deviation from the previously instructed standard. At the discretion of the Representative of the Organization a second written warning may be issued for Category A offence that has been repeated following a formal verbal warning or a first written warning and for transgressions at Category B where a first written warning has been issued and a first transgression in Category C. An action plan to overcome the deviation must be formulated and agreed on by the employee and the Organization Representative. In the case where an action plan has previously been derived, the plan must be re-evaluated and adjustments made to ensure that the transgression does not recur. Disciplinary Hearing A fully constituted hearing will comprise of at least the following: - A presiding officer with full authority to conduct the proceedings – Director of the Organization - The management committee comprising of Heads of all the Organization centres. - The offender/employee – fully informed of the nature of the charges that had to be conveyed to him/her,

in writing, and given not less than 48 hours to prepare his/her case. Should new allegations be introduced during the hearing, the Chairman / Chairperson is obliged to grant an extension of time to prepare.

- A maximum of two available representatives, preferably from the same department as the offender may be called to represent the employee. The representative may only be called from the employees of the Organization.

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Disciplinary (cont)

Giving Expression To The Rights Of the Employee - Timeous Hearing

It is the objective of a disciplinary hearing to start the proceedings as soon as is practicable. Unnecessary delays may constitute grounds for unfairness. Recommended time between notification and hearing 48 hours.

- To be Heard

The errant employee has to be given the opportunity to state his/her side of the case - Cross-examination

To be afforded the right to test evidence for and against the errant employee. A person subjected to examination has no right to representation.

- Calling Witnesses

This is allowed with a view to substantiate or disprove facts introduced to the hearing - Translation of Proceedings

A basic right afforded an errant employee not able to follow the proceedings as a result of being unable to understand English

- A Finding

Any employee who has been the subject of a hearing within 72 hours. The employee may be informed of the penalty 24 hours after the outcome has been given.

- Confidentiality

Any employee subjected to discipline has the right to have his/her confidentiality respected - Appeal

The right to appeal within 5 working days - on grounds of procedural unfairness - on grounds that the “punishment does not fit the crime” - on grounds of new evidence - on grounds of long, loyal service - any other acceptable grounds for appeal

The appeal committee date must be set within 72 hours after receiving the appeal from the employee and the employee must be informed of the decision within 24 hours of the appeal committee meeting to review the case.

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Disciplinary (cont)

Penalties and Validity Periods Verbal Warning - 3 months Written Warning - 6 months Final Written Warning - 12 months Disciplinary Hearing sanctions short of dismissal - 12 months Warnings will expire after the prescribed period. Schedule Of Offences The Organization differentiates between three levels or category’s of offences, in terms of seriousness and disciplinary consequences. The cumulative effect of repeated offences at a lower level will be that successive offences are dealt with in more severe penalties being imposed than indicated in the following schedules: Offences marked with an asterisk (*) may be categorized at a more serious level depending on the potential harmful consequences.

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Disciplinary (cont)

Category A If an employee commits a transgression in this category, the following steps will be taken 1

st Transgression - Corrective Interview

2

nd Transgression - Formal Verbal Warning

3

rd Transgression - Written Warning

4

th Transgression - Final Written Warning

5

th Transgression - Disciplinary Hearing and possible dismissal

� Repeated late coming (initially coming late without acceptable reason more than twice in one

week, twice in two consecutive weeks or three times in a month, and thereafter in each case of unexcused late coming).

� Repeated absenteeism without acceptable reason � Leaving before 15h30 in the case of teaching staff and 16h00 for janitorial staff living off the

premises and 16h30 for janitorial staff living on the premises. � Not signing in � Absent from work without notification � Arriving late to the workstation after breaks � Sleeping during working hours* � Disregard of rules* � First and subsequent proof of inadequate performance* � Disrespect towards superiors, subordinates and colleagues* � Engaging in inappropriate horseplay* � Minor and unintentional damage to property � Carelessness (neglect of a minor nature)

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Disciplinary (cont)

Category B If an employee commits a transgression in this category, the following steps will be taken 1

st Transgression – Written Warning

2

nd Transgression – Final Written Warning

3

rd Transgression – Disciplinary Hearing and possible dismissal

� Absence from workstation without acceptable reason or permission � Absent from work for two days without notification � Leaving premises without permission � Sleeping at work station � Not obeying instructions � Not obeying routine instruction or school policy � Failure to carry out routine instructions or act in accordance with school policy � Refusal to obey security regulations � Insolence � Disorderly behaviour (swearing and behaving in an unacceptable manner) � Major and unintentional damage to property � Negligence of a serious nature � Possession or wrongful use of Organization property (but without the intention to misappropriate)

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Disciplinary (cont)

Category C If an employee commits a transgression in this category are regarded as very serious in nature and may be subject to the following actions: 1

st Transgression – Final Written Warning

2

nd Transgression – Disciplinary Hearing and possible dismissal

� Absence from workstation for more than one hour without acceptable reason or permission � Absence after permission refused � Leaving premises without permission or after permission refused � Absent from work for three days without notification � Not obeying important instructions � Committing an act that may endangering oneself or theirs � Ignoring safety regulations thereby endangering the premises, one self or others. � Insubordination � Fighting � Threatening Violence � Intimidation � Sexual Harassment* � Discriminations on the basis of race, gender or age � Making remarks that cause racial tension � Minor but intentional damage to property � Blatant untruths or deliberately giving false information* � Deliberate and unauthorized possession of Organization property* � Falsifying documents* � Disclosure of confidential information* � Unauthorised possession of intoxicating liquor or drugs � Continued incompetence or inadequate performance � Placing the Organization in disrepute through unprofessional behaviour or practices

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Disciplinary (cont)

Category D If an employee commits a transgression in this category are regarded as very serious in nature that the Organization will have to consider whether the transgressor can remain in their position or in the employee of the Organization. The following actions may then be taken: 1

st Transgression – Disciplinary Hearing and possible dismissal

� Absence for more than five days without notification or reason � Deliberate disregard of safety rules resulting in serious damage to people or property � Assault – including corporal punishment � Sexual Assault � Falsification of documentation or results � Placing the Organization in disrepute through unprofessional behaviour or practices � Major and intentional damage to property � Gross negligence � Misappropriation of property � Disclosure of strictly confidential information � Unauthorised intake of intoxicating liquor or drugs on the premises � Intoxication � Incapacity � Making or submitting false statements � Forgery � Intimidation

Note: An employee who is on a final written warning for any offence, whether it is from Category A, B or C who then commits another offence may then be subject to a disciplinary hearing pending dismissal.

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Section 9: Disciplinary

Sexual Harassment




1. Definition of Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual.

Sexual attention becomes sexual harassment if: � The behaviour is persisted in, although a single incident of harassment can constitute sexual

harassment; � The recipient has made it clear that the behaviour is considered offensive; � The perpetrator should have known that the behaviour is regarded as unacceptable.

2. Forms of Sexual Harassment

Sexual harassment may include unwelcome physical, verbal or non-verbal conduct, but is not limited to the listed examples:

� Physical conduct of a sexual nature includes all physical contact, ranging from touching to sexual assault and rape, and includes a strip search by or in the presence of the opposite sex.

� Verbal Forms of sexual harassment include unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sex related jokes or insults or unwelcome graphic comments about a person’s body made in their presence or directed toward them, unwelcome and inappropriate enquiries about a person’s sex life, and unwelcome whistling directed at a person or group of persons.

� Non verbal forms of sexual harassment include unwelcome gestures, indecent exposure, and the unwelcome display of sexually explicit pictures and objects.

� Member in management or supervisory position, undertakes or attempts to influence the process of employment, promotion, training, discipline, dismissal, salary increment or other benefit of an employee or job applicant, in exchange for sexual favours.

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Sexual Harassment

3. Policy

All employees, job applicants and other people who have dealings with Sparrow Schools, have the right to be treated with dignity.

Sexual harassment will not be permitted or condoned.

Persons who have been subjected to sexual harassment in the workplace have a right to raise a grievance about it.

Allegations of sexual harassment will be dealt with seriously, expeditiously, sensitively and confidentially.

Employees will be protected against victimisation, retaliation for lodging grievances and from false accusations.

4. Procedures

A written or verbal grievance should be directed to the Principal or manager, either directly or through an intermediary. In cases where the Principal or manager is the person engaging in unwanted conduct, the employee may approach a Director of the Organization. The Principal or manager / Director will then set up a meeting with the employee placing the grievance and the interview will be documented and signed by both parties as a true record of the incidents leading to the grievance.

Depending on the severity of the accusations and the input gained from the interview, the principal or manager may then follow an informal or formal procedural route.

An informal procedure will take the form of the employee concerned having the opportunity, in the presence of the Principal or manager, to explain to the person engaging in the unwanted conduct, that the behaviour in question is not welcome, that it offends and makes them uncomfortable and that it interferes with their work.

If the informal procedure has not provided a satisfactory outcome, if the case is severe or if the conduct has continued despite the concerned employee expressing their discomfort, it may be more appropriate to embark upon the formal disciplinary procedure as outlined in the disciplinary code. Should the compliant not be satisfactorily resolved by the internal procedures above, either party may within 30 days of the dispute having arisen, refer the matter to the CCMA for conciliation.

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Section 11:Disciplinary Code

Smoking Policy




According to the Law against smoking in public and government buildings, the following is instituted in Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd:

1. Smoking is prohibited inside any school or FET college buildings, which includes offices, staff room, toilets, classrooms and workshops.

2. Educators may not smoke directly outside their classrooms. 3. A smoking area has been allocated for smokers outside the staff room, consisting of not more

than 25% of the property and with sufficient ventilation.

Documents

SPARROW SCHOOLS EDUCATIONAL TRUST AND SPARROW FET ...€¦ · Sparrow Schools Educational Trust and Sparrow FET Enterprises (Pty) Ltd HR Manual FOREWORD Today, more than ever before