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.