DRAFT AMENDMENTS TO THE EMPLOYMENT
POLICY OF THE OFFICE OF THE PUBLIC PROTECTOR
1. INTRODUCTION
1.1 To provide for vertical and
horizontal transfers of staff within the Office of the Public Protector ( OPP);
and to further provide for strategic placement of staff in accordance with the
specific needs of the OPP that may arise from time to time and to further
provide for matters related thereto.
1.2 To provide for procedures and
processes to be followed when effecting internal transfers or strategic placements
of staff, be it vertical or horizontal within the OPP and to ensure that the
processes and procedures that are followed are fair, transparent and equitable
in circumstances prevailing at that particular stage.
1.3 The OPP respects family values
of its staff members and will always endeavour to promote family reunion where
for reasons and circumstances beyond their control of its staff members they
are forced to live and stay apart with their family members.
1.4 Equally the OPP, where possible
and practical, will always allow its staff members to perform their duties and
functions where their services and skills are best needed and in a manner that
will promote them into higher ranks and positions.
2 GENERAL
APPLICABLE PRINCIPPLES.
2.1 Each staff member of the OPP is
appointed and placed in the post for which each has applied for.
2.2 All OPP posts shall be evaluated
from time to time and a job description of each of such posts shall be compiled
after such an evaluation. Job evaluations shall be reviewed at such intervals
as may be necessary at any given time and shall be guided by a reviewed
strategic business plan of the OPP.
2.3 Every staff member of the OPP
shall sign a performance agreement with his/her immediate supervisor. Each
performance agreement shall be aligned specific job description of that post.
It shall also be in line with the strategic gaols and objectives of the OPP
applicable at the time the agreement is signed.
2.4 A performance agreement is drawn
and signed in consultation with each staff member to that agreement and shall
not be changed without the mutual consent of both parties.
2.5 A staff member shall not be
transferred to or place in another section other than in which s/he has been
appointed to without s/his consent. A staff member shall also not be compelled
to perform other functions or duties without receiving agreed incentives save
as circumstances contained in the conditions of employment may direct
otherwise.
2.6 A staff member may be
transferred and be place in another section of the OPP where h/his skills and
services are best needed and can be utilised to the optimum benefit of the OPP.
Such a transfer and subsequent placement shall be carried out in accordance
with the procedure and guide lines as set out in this policy.
3. TRANSFERS
3.1 The nature and content of a
transfer shall be in line with the circumstances, terms and conditions that
precipitate such a transfer. Therefore a transfer may be vertical, horizontal
or it can be a complete diversification of duties and functions within the OPP.
3.2 In effecting any form of
transfer care and diligence should be exercised to prevent any form of
disruption of the smooth functioning of the OPP.
Transfers can:
3.2.1 Occur within the same section
or it may be from one section to another.
Be from one office to another office
of the OPP, including from national to any province and vice versa, province to
province, province to region and vice versa.
3.2.2 be permanent or temporary.
3.2.3 A transfer can be initiated by
the Public Protector (PP), an individual staff member or two staff members in
the case of a cross transfer.
3.2.4 A transfer may be the result
of a successful application for an advertised internal post.
3.2.5 The PP may request a specific
individual to perform a specified task or function on a temporary or permanent
basis.
3.2.6 A transfer may be the result
of the implementation of a selected career- pathing for a specific staff member
or it may be intended to groom such a staff member for a higher position or
simply for training purposes.
4.
PROCEDURE
4.1 Any form of transfer shall be
carried out in accordance with the procedure and processes set out below.
4.2 Any form of transfer shall not
result into or cause any individual staff member to suffer any prejudice or in
any way place other individual staff members at a disadvantage or
victimisation.
4.3 While interests of staff members
play a major role in deciding whether or not a particular transfer is feasible,
the primary consideration is the protection and promotion of the interests of
the OPP in the successful and optimum execution of its mandate.
4.4 All forms of transfers at the
national OPP shall be approved by the Public Protector on recommendation of the
Chief Executive Officer (Ceo).
4.5 Transfers at a Provincial level
of OPP, including regions shall be approved by the Provincial Representative
(PR), while transfers from one province to another shall be approved by the PP
after the recommendation of the Ceo and the Provincial Executive Manager (Pem)
while transfers from national to provinces and vice versa shall be approved by
the Public Protector on the recommendation of the Ceo and the Pem.
4.6 Horizontal transfers shall be
approved by the PP on the recommendation of the Ceo.
5. CROSS
TRANSFER.
5.1 A cross transfer takes place where two staff members of equal rank
and position employed at different offices of the OPP agree to swap their
respective employment placement stations.
5.2 This type of transfer does not
in any way tamper with the terms and conditions of employment of the staff
members including their salaries.
5.3 The transfer is entirely at the
cost of the transferees. This type of transfer is subject to approval of the
relevant authorities as described above.
5.4 The two OPP staff members
desiring to enter into a cross transfer must first agree to enter into this
agreement in writing. Once agreed they must then submit their joint written
application for a cross transfer to their respective immediate supervisors. The
latter will then submit the applications to their senior managers for the
necessary approval.
5.5 In submitting the written
applications for the cross transfer to the senior managers for the necessary
approval the supervisors must include their respective comments on :
5.6 That the two staff members are
on the same rank and they possess the same skills.
5.7 They must also indicate that the
requested cross transfer is in the best interest of both the staff members
concerned and the OPP and if not advance reasons as to why it is not.
5.8 They must also indicate the
appropriate period that will be required for handing over and recommend the
actual date of the transfer.
5.9 The two senior managers will
then submit the application together with their comments and recommendations to
the Ceo or the Pem as the case may be, and the latter will then in an
appropriate manner submit the application for final approval by the PP.
6. TRANSFER
AT THE REQUEST OF AN INDIVIDUAL
ADEVERTISED POSTS.
6.1 All vacant posts at the OPP that
are to be filled shall be advertised, thereafter candidates to such posts shall
be subjected to an interview by a panel appointed by the PP on the
recommendations of the Senior Human Resource Manager (SHRM) and the Ceo.
6.2 Every employee of the OPP has a
right to apply for any post that has been advertised and to be appointed to the
post s/he has applied for if successful.
6.3 Posts in the OPP shall be
advertised either internally only or externally. The PP on the advice of the
Ceo and the HRSM shall decide how any post/s is/are to be advertised.
6.4 Where the PP decides that a particular
post should be advertised externally, a copy of the relevant advertisement
shall simultaneously be circulated to all OPP staff members.
6.5 Any successful candidate of an
advertised OPP post who is also a staff member of the OPP shall be entitled the
prescribed OPP transfer allowances.
7. VACANT
BUT NOT YET ADVERTISED POSTS.
7.1 Any OPP staff member who desires
to be transferred to another branch office of the OPP shall submit her/his
request to the Human Resources Section (HR). The HR shall keep a register of
all requests received and shall confirm to each applicant that the request has
been recorded in the requests for transfers register.
7.2 When a vacancy occurs in any
branch office of the OPP or a new post is created, HR shall check the register
of transfers (the register) if there are individual employees who have applied
to be transferred to that office in the category of the vacant post.
7.3 After HR has checked the
register and finds that there is only one individual who is occupying a similar
rank as the vacant or newly created post, it shall inform that particular
individual to make a formal application for a transfer and submit same to his
his/her supervisor in the manner described under the discussion on cross
transfers.
7.4 The post that is left vacant
because of this particular transfer shall be checked by HR for similar requests
for transfer and if there are no requests the vacated post shall be advertised
a month before the previous incumbent is allowed to move to his/her new station
of employment. This is to allow ample period and opportunity for handing over.
7.5 Once the transfer is approved
that particular individual will bear the transfer costs and will have no
recourse to the office.
7.6 Where there are more than one
qualifying individuals in the register HR will then :
7.6.1 Inform all such individuals of
the vacancy or newly created post.
7.6.2 Requests those individuals to
agree amongst themselves as to who should occupy that particular post.
7.6.3 If no agreement is forthcoming
within the period prescribed by HR, which shall not be more than two weeks
after the communication of the request, HR will then call all such individuals
to a formal interview in the same manner as described above save for what is
stated in the paragraph below.
7.6.4 The interview in this case
will not be a competency check but to determine in order of priority who for a
number of applicants should be the first to occupy such a post. The personal
circumstances of each individual will be considered.
7.6.5 Once such an interviewing
panel makes a recommendation and it is approved by the PP in manner described
above such a decision shall be final and not subject to any appeal or
arbitration.
8. Staff in the same branch office
and on the same rank may desire to be transferred horizontally to another
section of the same branch office. In this case managers and the respective
staff members and in consultation with the HRSM and the Ceo must agree, all be
by consensus, to such an internal cross transfer.
8. TRANSFER
INITIATED BY THE PUBLIC PROTECTOR
8.1 The PP may transfer any staff
member to occupy a strategic position identified by him or her on a permanent
or temporary basis as the case may be provided that:
8.2 The individual concerned consent
to such a strategic placement.
8.3 The strategic placement and
transfer concerned is a horizontal one.