botswana international university of science & technology · botswana international university...

Approved in Feb/March 2011: Revised on Nov 17 2011 of 43

BOTSWANA INTERNATIONAL UNIVERSITY OF SCIENCE & TECHNOLOGY Policy Category: HUMAN RESOURCES POLICIES Policy Number: 04000/001 Policy Title: Terms and Conditions of Service Council Approval Date: February 24,2011 through Round-robin

& Decision Ratified on March 28, 2011)

Effective Date: February 24, 2011 Amended On: November 17, 2011 Review Date: March 27, 2012 Responsible University Officer: Deputy Vice Chancellor, Finance & Administration Responsible Office: Human Resources


CONTENTS SUMMARY SECTION TITLE Page PREAMBLE 4 1.0 INTRODUCTION 4 2.0 DEFINITIONS 5 3.0 APPLICATION 6 4.0 BASIS OF EMPLOYMENT 6 4.1 Recruitment and Appointments 6 4.2 Appointing Authority 7 4.3 Types of Appointments 7 4.3.1 Pensionable Terms of Employment 7 4.3.2 Appointment on Fixed Term Contract 7 4.3.3 Temporary Appointments 7 4.3.4 Appointment of Casual Employees 8 4.3.5 Acting Appointments 8 5.0 GENERAL CONDITIONS OF EMPLOYMENT 9 5.1 Application for Employment 9 5.2 Letter of Appointment and Contract of Employment 10 5.3 Medical Examination 10 5.4 Probation 11 5.5 Promotion 11 5.6 Salaries 12 5.7 Hours of Work 13 5.8 Shift Work 15 5.9 Public Holidays 15 5.10 Leave 16 6.0 BENEFITS AND ALLOWANCES 20 6.1 Medical Aid 20 6.2 Staff Training and Development 21 6.3 University Pension Fund 21 6.4 Gratuity 21 6.5 Professional Membership 21 6.6 Group Life and Disability Assurance 22 6.7 Staff Loans Scheme 22 6.8 Institutional Housing 22 6.10 Travel and Allowances 22 7.0 OCUPATIONAL HEALTH AND SAFETY 25 7.1 Protective Clothing 25 7.2 Reporting Accidents 25


8.0 TERMINATION OF EMPLOYMENT 26 8.1 Summary Dismissal 26 8.2 Notice Period 26 8.3 Retrenchments 26 8.4 Severance Benefit 26 8.5 Certificate of Service 26 9.0 CONDUCT 27 9.1 Code of Conduct 27 9.2 General Conduct 27 10.0 DISCIPLINARY CODE AND GRIEVANCE PROCEDURE 31 10.1 Acts of Misconduct 31 10.2 Principles of Disciplinary Procedure 32 10.3 Disciplinary Proceedings 35 10.4 Appeal against Disciplinary Action 37 10.5 Disciplinary Committee(s) 38 10.6 Grievance Procedure 42 11.0 COMMUNICATION 42 APPENDIX A: Travel and Subsistence Allowances 43


PREAMBLE The University’s Vision is to be a centre of excellence, a world-class research institution and

the Science, Engineering and Technology University of choice in the region and the African

continent. This the University aspires to achieve by providing globally competitive and high

quality academic programmes in Science, Engineering and Technology delivering

employment-ready graduates through excellence in teaching, learning and research,

collaborative partnerships, industry linkages and civic/community engagement.

The Vision can only be achieved with the input and expertise of appropriately skilled, highly

competent, innovative and motivated staff, functionally equipped and focused on their role

contribution within the enterprise. The University recognises the importance of this

mandate and pledges to create a working environment conducive to achieving both

academic and operational excellence in support of the Vision, Mission and Objectives it has

set.

The terms and conditions set out in this document are intended to facilitate recognition of

employees as vital members of the University community, to promote employment

relations, and to articulate the criticality of every staff member’s contribution to the

achievement of the University’s Vision, Mission, Values and Objectives.

1.0 INTRODUCTION 1.1 The goal of the Terms and Conditions of Service is to articulate employee obligations

to the University rights and University’s obligation towards its employees, thus promoting harmonious relations between employees and the University.

1.2 These Terms and Conditions of Service are made in line with the University Act and

Statutes . The Council shall have the discretion to vary the procedures and policies herein, provided such variation is in line with the Laws of Botswana and that it shall not be to the disadvantage of any employee affected thereby. It is also the general policy of the University to consult staff and keep them informed of any matters or changes to these Terms and Conditions of Service.

1.3 The University reserves the right to vary or amend the Conditions of Service contained in this document at any time after consultation with the employees and upon Council approval. Employees shall be informed in writing of any such variations or amendments, including the effective date.

1.4 It is recognised however that it is not always possible to cover or to foresee every

circumstance impacting University employees. Therefore, the Vice Chancellor may use discretion in the interpretation of these Conditions of Service, in so far as that interpretation is not in conflict with the principles and spirit of these Conditions of Service and related Laws of Botswana.


2.0 DEFINITIONS

For purposes of this Policy, some words used in this document are defined as provided here-under;

Acting appointment means a temporary appointment necessitated either by the temporary absence of the position holder or by a vacancy.

Citizen means a citizen of Botswana in terms of the immigration Laws of Botswana

Casual Employee means an individual engaged to work for not more than three

consecutive days or more than five days in any one month

Department means Unit, College, School or Section within the University

Dismissal means the termination of employment with notice or payment in lieu thereof by the University, as an ultimate sanction against an employee who had been charged and found guilty of a serious misconduct, in line with the disciplinary procedures set out in this document Employee means any person who has entered into a contract of employment with the University, for the hire of his/her labour

Grievance means any dissatisfaction or feeling of injustice, which an employee may have in connection with his/her employment or any other matter, other than a disciplinary matter. Staff Disciplinary Committee means a committee established in accordance with the provisions of these conditions Pensionable terms means conditions of employment for continuous period, which provides for pension upon reaching the compulsory retirement age of 65 years. Position holder means an employee who is the holder of an existing position upon which another is appointed to act.

Prevailing rates means mileage rates approved by Council that were applicably at the time a privately owned motor vehicle was used on University business

Private motor vehicle means a motor vehicle privately owned by an employee of the University.

Summary Dismissal means termination of employment without notice, where an employee is guilty of gross misconduct .

Supervisor means any employee with assigned authority over another member of Staff.

Shift work means a work schedule in which employees rotate or change shifts


such that the work hours would go beyond the adopted standard hours of work or the standard work week

Trade Union means a recognised trade union of the University

University motor vehicle means any motor vehicle owned by the University and

registered in the name of the University.

University Council means the governing body of the University under Section 9 of the Botswana international University of Science and Technology Act

University means Botswana International University of Science and Technology

University Statutes means the statutes enacted under Section 21 of the Botswana International University of Science and Technology Act

Vice Chancellor means a person appointed pursuant to Section 8 of the Botswana International University of Science and Technology Act Year means a calendar year unless stated otherwise.

3.0 APPLICATION 3.1 The Conditions of Service contained in this document form part of the employee’s

contract of employment. 3.2 Upon entering into employment with the University, the employee undertakes and

agrees to comply with these Terms and Conditions of Service and to serve the University to the best of his or her ability at all times.

3.3 The authority to interpret these Terms and Conditions of Service cis vested in the

Vice Chancellor. 3.4 In the event an employee is aggrieved by the Vice Chancellor’s interpretation of

these Conditions of Service, such dispute shall be referred in writing to the University Council through the Human Resources Committee. The decision of the Council shall be final..

3.5 If there is a difference between the Terms and Conditions of Service as laid out in

this document and specific terms of service applying to any individual employee, or contained in a letter or contract of appointment, such specific terms shall prevail in place of those set out in this document, provided such terms are not less favourable than those contained in these Terms and Conditions of Service.

4.0 BASIS OF EMPLOYMENT

4.1 Recruitment and Appointments


a) In general, recruitment of new employees shall be for entry into the lower grades. Where vacancies occur in more senior positions, these shall be filled wherever possible, through the promotion of suitably qualified members of staff.

b) The University is committed to recruiting the most suitably qualified candidates into

vacant positions. This notwithstanding, appointment of suitably qualified candidates to non-academic jobs will be made in the following order of preference;

i) Serving citizen candidates ii) External citizen candidates iii) Serving non-citizen candidates iv) External non-citizen candidates

4.2 Appointing Authority

Authority to appoint the Vice chancellor is vested with the Minister responsible for Tertiary Education , after consultation with the University Council and the Senate. The authority to appoint other staff is delegated as:

The Council: for all executive and senior management positions

including Deputy Vice Chancellors, Provost, Deans and Directors.

Vice Chancellor: for all other positions below Council appointments but he/she may delegate such powers to any persons as may be deemed appropriate. 4.3 TYPES OF APPOINTMENT 4.3.1 Pensionable Terms of Appointment

Only citizen employees between the ages of 18 and 49 years will be eligible for appointment on pensionable terms. Confirmation to these terms will be subject to having satisfactorily completed the period of probation, in line with the provision of these conditions as stated below and the Employment Act. The date of membership to the University's Pension fund shall be the date of assuming duty. Citizen appointees aged 50 years and above may only be appointed on fixed term contracts. Pensionable employees who have reached the compulsory retirement age of 65 may be appointed on fixed term contract.

4.3.2 Appointment on Fixed Term Contract

Non-citizen appointees will normally be eligible for appointment on a fixed term contract of a minimum period of two (2) to five (5) years up to age 65. Non-citizen appointees who have reached the age of 65 years may be employed on a fixed term contract if in good health.

4.3.3 Temporary Appointments


The University may offer employment on temporary terms in line with the provisions of the Employment Act.

Qualified individuals employed on temporary terms shall be remunerated based

on the University Approved Salary structure/grades.

Such employees shall be entitled to 1.66 days per month as annual leave and up to 20 days annual paid sick leave.

4.3.4 Appointment of Casual Employees

The University may engage casual employees who shall not be entitled to the benefits or allowances provided for in terms of these conditions other than overtime payment for any time worked in excess of the normal daily hours of work as may be prescribed or work performed on public holidays.

4.3.5 Acting Appointments

4.3.5.1 An acting appointment will be made to an existing position occasioned by the

temporary absence of the regular position holder or by a vacancy in that position.

4.3.5.2 An employee of the University on pensionable or contract terms of employment may be appointed in an acting capacity, normally to a more senior position.

4.3.5.3 In exceptional circumstances, an employee holding a higher level position may be appointed to act in a lower position.

4.3.5.4 Generally, an acting appointment may be made for a period of up to three (3)

consecutive months. However, an appointment may, with the consent of the appointee, be extended beyond the initial three months, save that the extension should not exceed nine (9) consecutive months.

4.3.5.5 An employee in a supervisory position who plans to be away on temporary absence shall make a recommendation to his/her supervisor to appoint someone to act in his/her position.

4.3.5.6 Persons authorised to make acting appointments shall be at levels of dean, director or above.

4.3.5.7 In exceptional circumstances an appointee may be from another unit. Such an appointment shall be made in consultation with the supervisor of the employee identified to act.

4.3.5.8 An employee in an acting capacity will, for the entire acting period, perform the assigned duties and responsibilities of both his/her regular position and those of the position for which he/she is acting.


4.3.5.9 An acting appointment shall be made in writing, normally not later than the last

working day preceding the position holder’s temporary absence. Subject to 4.3.5.6 above, an acting appointment to a vacant position shall be made by the supervisor to the position as and when the need arises to make such an appointment.

4.3.5.10 The letter communicating the acting appointment shall state the position, duration (including both the start and end date of the acting period), expected performance deliverables and the rate of allowance payable, where this is applicable.

4.3.5.11 In the event that an employee on acting capacity is away temporarily for any reason, the supervisor to the position holder may appoint another suitable employee to act.

4.3.5.12 An acting appointment for a minimum period of ten consecutive working days (including paid holidays) shall earn an acting allowance at the rate of 15% of basic salary. 4.3.5.13 An employee appointed to act in a position at an equivalent or junior level position

will be eligible for an acting allowance at the determined rate stated above. 4.3.5.14 Where an employee previously appointed to act is again appointed to act in the

same position within 5 working days of the end of the previous acting appointment, the acting appointments shall be aggregated for payment of acting allowance purposes, without the need for another 10 working day qualifying period.

5.0 GENERAL CONDITIONS OF EMPLOYMENT 5.1 Application for Employment 5.1.1 All applications for employment at the University shall be made in writing and submitted in accordance with the set procedures. This applies to existing employees as well as those new to the organization. 5.1.2 Applications shall be accompanied by certified copies of documentary evidence as required for different job categories. Such documentation could include: training certificates, degrees, professional membership certificates or continuing education diplomas. As a general requirement, all applicants shall provide the following details: a) Full names b) Identity/Passport Number c) Date and Place of birth c) Country of Citizenship d) Academic and/or professional qualifications; and e) Three names and contact details of persons to whom the University


may refer to attest the applicant’s character, previous employment and/ or performance; one reference should be from the applicant's current or past manager.

f) Depending on the particular job and the requirements of the University, applicants may be required to provide further documentary evidence, in support of their application. At the discretion of the University, applicants may also be required to take a pre-employment assessment.

5.2 Letter of Appointment and Contract of Employment 5.2.1 Upon appointment, all employees shall receive a letter of appointment. The letter shall serve as a conventional employment contract and shall state; a) Job title b) Starting salary c) Benefits d) Any applicable allowances e) Annual leave entitlement f) Date of appointment h) Length of employment or pensionable age, whichever is appropriate i) Nature of the appointment j) General terms and conditions of service k) In the case of fixed term contract employment, a contract agreement for signing between the individual employee and the University. 5.2.2 Appointments will be made in accordance with these General Terms and Conditions of Service and in compliance with the provisions of the Employment Act. 5.2.3 Where required, in terms of the Employment Act, casual or any other employees appointed to manual/ hard skilled positions will be issued an employment card. 5.2.4 Any changes made to the original employment contract, such as promotion, transfer or salary change will be made in writing, stating the nature of the change and the effective date. 5.3 Medical Examination 5.3.1 Upon acceptance of a job offer, an employee shall undergo a full medical

examination funded by the University which will include, some specified laboratory tests and chest x ray and submit a certificate of fitness for employment, prior to assumption of duty. This shall be done through a medical practitioner registered in Botswana and recognised by the University. If the employee is recruited from outside of Botswana, the medical examination may be conducted by a Medical Practitioner licensed in the employee’s country of residence.

5.3.2 Where an employee accesses such a medical examination outside Botswana, the University will reimburse reasonable costs of such examination. Where an employee is found medically unfit for employment, the University shall withdraw its employment offer and inform the candidate in writing forthwith.


5.4 Probation

All employees, will upon first appointment serve a probationary period of six (6) months, from the date of taking up the appointment.

5.4.1 During the probationary period, either party may terminate the contract with notice

(other than summary dismissal for disciplinary reasons) and such termination shall be deemed to have been for ‘just cause’.

5.4.2 The minimum notice period to terminate employment, during the probationary

period, is two (2) weeks, unless the employee is being dismissed for serious misconduct, in which he/she may be dismissed without notice but paid salary in lieu.

5.4.3 However, if the employee is dismissed for serious misconduct during the

probationary period, the employee may appeal against dismissal, to the Appeal Committee, following the formal appeal procedure provided at section 10.4.

5.4.4 Two weeks prior to the completion of the probationary period, the employee’s line

manager will advise the Director of Human Resources in writing, of the employee’s suitability for confirmation of appointment. The employee shall be notified in writing, by the end-date of the probationary period, if he/she has satisfactorily completed the probation.

5.4.5 Unsatisfactory performance during probation can warrant an extension of

probation by up to a maximum of three (3) months. Should the employee’s performance not improve, this may result in termination of employment.

5.4.6 Benefits provided by these Conditions of Service shall commence from the date of assumption of duty (except for training, loans and professional memberships, which

will only be provided upon confirmation.) 5.5 Promotion Promotion to a higher post is dependent upon the existence of a vacancy at that (senior) level. 5.5.1 Promotion to higher positions will not be automatic nor will length of service be

regarded as sufficient grounds for promotion. In considering employees for promotion, the University will take into consideration the following:

a) Individual professional/qualifications. b) Performance Reviews. c) Job requirements. d) Skills/competencies required.


e) General conduct and work performance expected.

5.5.2 Employees who are being considered for promotion to a higher paying position will be required to have served in their substantive position for a minimum period of one year and have completed their probation period.

5.6 Salaries 5.6.1 Payment of Salaries

5.6.1.1 Salaries will normally be paid in arrears on the 23th of each month, except that for the months of December and January respectively, salaries will be paid on the 16th of the month.

5.6.1.2 In the event that the pay date falls on a weekend or a public holiday, the working

day immediately preceding this date shall be the date upon which salaries are paid.

5.6.1.3 Salaries for all employees shall normally be paid by direct bank transfer.

5.6.1.4 Salaries may not be assigned to another person or entity. 5.6.2 Deductions from Salary

The University shall deduct from the monthly salary of employees such sums as are payable by an individual employee for the following;

Pay as you earn (PAYE)/income tax Contribution to any medical aid or pension fund of which the employee

is a contributing member. Any other amounts due to the University or third party which the

employee has agreed in writing, including Court rulings, to be deducted by the University.

5.6.3 Salary Advance

Advance of salary may only be granted in exceptional circumstances or unforeseen emergencies, such as medical or bereavement, (supported with documentation). This will not normally exceed the equivalent of one month’s gross salary and must be repaid within three months. No interest will be charged on the advance of salary. Applications for advance of salary stating the nature of the emergency or circumstances, should be made to the Director of Human Resources, and if approved, the request for payment will be submitted to Financial Services Unit .

5.6.4 Salary Review and Increases Salaries may be reviewed taking into account the following; a) Cost of Living and Adjustments


Salaries may be reviewed and adjustments made taking into the account cost of living requirements. Such adjustments will be driven by the national annual inflation rate as determined by the Bank of Botswana. All employees shall be eligible for a cost of living adjustment, including all contract employees, as shall be determined from time to time by Council.

b) Performance-Based Merit Increases

Performance reviews will be conducted annually and any changes in salary will be made following completion of the review. Such changes will take into account any promotions and merit

increases based on the provisions of the performance management system and the remuneration and reward management policies and procedures. Performance-Based Salary increments shall be applied as follows:

i) Performance-based salary increments may be awarded to an

employee subject to his/her annual performance rating/grade. An employee whose salary is at the maximum of a grade may be paid a once off amount based on the performance rating of the annual performance appraisal. Performance appraisal should be an ongoing process whereby an employee and his/her supervisor are engaged in discussions throughout the working year to identify areas of excellence and other areas requiring improvement. It is recommended that if an employee’s performance remains unsatisfactory in any given area, the employee must be informed in writing, and clearly stating the agreed intended development process to be utilised, so that he/she has an opportunity to improve his/her performance prior to the annual review/evaluation.

ii) Salary increments will be awarded for satisfactory work

Performance during the financial year. An increment may be deferred or stopped for disciplinary reasons.

c) The annual salary increment rates awarded shall be based on the adopted

rating scale and grades. The University shall however develop and adopt a suitable Performance Management and Reward Policy, which shall provide the framework and guidelines on the performance based salary increments and rewards.

5.7 Hours of Work 5.7.1 Corporate and Support Staff

The University’s normal working week is 38 hours, 45 minutes (excluding the lunch break), Monday to Friday, (7 hours, 45 minutes per normal working day).

Standard Hours of Work


There will be a consistent block of time when the business of the University is mainly conducted. This would apply particularly to those departments which relate directly to customers by providing service to the campus community. These will be referred to as Core Work Hours and are:

Morning 07:45 am - 12:30 pm Lunch 12:30 pm - 13:30 pm Afternoon 13:30 pm - 16:30 pm However, there are also expectations for great flexibility for accessibility to resources such as faculty and administrative offices, library and laboratories that require the understanding and support of everyone at the University.

The University reserves the right to vary the actual hours of work of any staff/group of staff in accordance with the needs of the University.

5.7.2 Academic Staff

The hours of work for academic staff shall be those necessary for Academic staff to fulfil their responsibilities including being available (twenty four (24) hours a day) for consultation with students and for carrying out duties that they would be assigned from time to time.

5.7.3 Overtime

Occasionally, support staff may be required to perform their duties outside normal working hours. Determination of remuneration for these duties will be made based on options of paid time or time off in lieu.

Prior approval to work overtime shall be a pre-requisite and may be granted by the supervisor. Positions at the supervisory level and above, shall not be eligible for paid overtime but may be considered for time off in lieu. Overtime rates will be paid as follows: a) Monday to Friday (normal working week): one and a half (times) basic hourly rate for all hours worked in excess of 7 hours and 45 minutes per day.

b) Saturdays: One and half x basic hourly rate for all hours worked.

c) Sundays and Public holidays: twice x basic hourly rate for all hours worked.

The supervisor may grant an employee time off in lieu of any overtime worked. Such time off shall be based on the normal working hours in a day, and while time off in lieu of overtime shall normally be granted, it is subject to such time off being at the convenience of the University.


Time off in lieu of overtime worked may be accumulated up to pre-determined levels, but must be taken within three months of it being earned, and only with supervisory approval.

5.8 Shift Work

It may be necessary for some employees, because of the nature of their work and the business activities of the the University, to work shifts that may include working outside office hours .

Employees who are shift workers may be entitled to a 5% (of basic salary) shift allowance. This shall form part of their conditions of employment and shall be clearly stated in their appointment letters and/or employment contract.

5.9 Public Holidays The University observes all the public holidays declared by the Government of Botswana. All employees shall be paid for such days as if they were normal working days. Currently these days are;

a) New Year’s Day (January 1) b) Day following New Year’s Day c) Good Friday d) Saturday Following Good Friday e) Easter Monday f) Labour Day (May 1) g) Ascension Day h) Sir Seretse Khama Day (July 1) i) President’s Day j) Day following President’s Day k) Botswana Day (September 30) l) Day following Botswana Day (October 1) m) Christmas Day (December 25) n) Boxing Day (December 26)

5.9.1 Management reserves the right to request employees to work on any paid public holiday, and give such employees time off in lieu or paid overtime.

5.9.2 Approval for absence may been requested from the supervisor for other religious holidays not included in 5.9 above and such absence may be deducted from time off in lieu or annual leave. 5.9.3 University Shut down Period The University shall have an annual shut down period, during the festive season, which shall consist of five(5) working days before Christmas and end on the first working day in January of the following year. For instructional staff, the shut down period will be in accordance with the academic calendar.


5.10 Leave 5.10.1 General principles

a) All types of leave benefits shall begin on the date of assumption of duty, following appointment to the University.

b) Other than for annual leave, the different types of leave provided herein shall

lapse at the end of each calendar year.

c) The annual University shut down period is not included in employees leave days entitlement and is considered as additional paid leave for all employees.

5.10.2 Annual Leave (Vacation) Earning Employees of the University shall be entitled to annual leave in accordance with their job categories and employment contracts. The leave accrual rates for various job categories shall be follows: Vice Chancellor 30 days Provost & Vice Provosts 30 days Deputy Vice Chancellors 30 days Deans 30 days Directors 30 days Managers 30 days Specialists 30 days Junior Officers 25 days Assistants 20 days All other staff 20 days (excluding temporary and casual employees) Professors 30 days Associate Professors 30 days Assistant Professors 30 days Lecturers 30 days Instructors 25 days 5.10.3 Application for Annual Leave

a) Applications for annual leave must be made through the supervisor and approved by the manager, currently on the prescribed leave application form, not less than 10 days before the commencement of such leave.

b) While every effort will be made to grant such leave, the requirements of

the University may make it necessary for permission to go on leave to be postponed to another date that is more convenient to the University.


c) All annual leave applications must be approved by the relevant manager and based on available accrued leave, as confirmed with the Human Resources Division

d) An employee will be required to take a minimum of ten (10) working days

in a financial year provided he/she has accrued not less than the same number of days.

e) Academic Staff may not normally take annual leave during teaching blocks

except during semester breaks.

f) As a general rule, the University will not make payment in lieu of leave, other than payment for accrued leave not taken by the end of contract of employment or termination.

g) Notwithstanding the provision stated at (f) above, an employee on fixed

term contract may utilise their accrued leave at the end of contract, subject to a renewal of such.

5.10.4 Compassionate Leave

Compassionate leave to a maximum of 10 working days per financial year shall be granted to an employee in cases of a serious emergency, such as the death of a close family member or relative.

For purposes of this section, relative and close family members shall be deemed to be; spouse, sibling, child, parent, spouse’s parent, grandparent, grandchild, daughter-in-law or son-in-law. 5.10.5 Sick Leave When an employee is unable to attend duty due to illness, every effort must be made to inform his/her supervisor preferably at the start of the day on which the employee is absent.

a) Failure to make every effort to notify the supervisor may jeopardise an

employee’s right to sick benefits.

b) Any periods of absence through sickness exceeding one working day or twenty four hours must be supported by a medical certificate from a recognised medical practitioner, which shall be presented to the supervisor after it is issued by the medical practitioner.

c) Periods of absence not supported by a medical certificate, with the

exception of period of absence not exceeding one working day, shall be treated as unauthorised absence and shall be deducted from the employees’ annual leave entitlement, and may constitute an offence for which disciplinary action may be taken, if habitual.


d) An employee shall be entitled to a maximum of 120 working days annual paid sick leave including hospitalisation. If the this period has been exhausted but the employee is still unfit for duty, he/she will be required to take any accrued annual leave. Where no leave days are accrued, the employee may be granted unpaid leave of up to 20 working days.

e) The University reserves the right, in the case of an employee who has

been on continuous sick leave for a period of more than 60 working days in a year, to require that the employee undergo a medical examination conducted by a medical practitioner appointed by the University, at the University's expense.

f) If the medical report determines that the employee is unlikely to be fit

for duty for at least a further 60 working days from the date of the last medical examination referred to at (e) above, then the University reserves the right to terminate the employment on medical grounds. Prior to the termination of an employee on medical grounds, the University shall convene a Medical Board composed of three medical practitioners nominated by the University.

g) The Medical Board shall review the employee's medical records

and shall make a recommendation to the Vice-Chancellor as to whether the employee is fit to resume duty, or if the employee's contract should be terminated for medical reasons. The decision of the Vice-Chancellor with respect to termination of employment on medical grounds shall be final.

h) An employee on probation shall be entitled to a maximum of twenty

(20) working days paid sick leave during the period of probation and any absence in excess of twenty days shall be treated as unpaid leave or annual leave provided such employee has accrued leave days.

i) The University may at its sole discretion, terminate employment on

medical grounds of an employee who is on probation and is continuously absent from duty for a period in excess of twenty (20) working days, (even if medical certificates are provided).

5.10.6 Maternity Leave

a) Female employees are entitled to 12 weeks paid maternity leave in accordance with the following provisions:

i) Up to 6 weeks prior to the date of expected confinement (delivery)

taken at the discretion of the employee.

ii) 6 weeks after the date of confinement (delivery) (compulsory). Maternity leave not taken prior to confinement may be carried over to after the birth of the child at full pay.


iii) 6 weeks of leave will still be applicable in the case of post natal death.

b) In order to claim maternity leave, an employee must submit an application

for maternity leave supported by a medical certificate stating the expected date of confinement (delivery), within 6 weeks to the date of confinement (delivery).

c) An employee who is nursing a child shall be permitted a period of absence or

periods of absence not exceeding one hour, in any working day for a period of up to twelve months for the purpose of nursing the child, calculated from the date upon which the employee resumes duty after confinement (delivery).

5.10.7 Paternity Leave

Male employees are entitled to a maximum of five (5) working days paternity leave once in a period of twelve months, following official proof of their partner’s confinement. Paternity leave shall not count against an employee’s annual leave entitlement.

5.10.8 Special Leave

An Employee will be entitled to two( 2) working days per calendar month as special leave (which cannot be carried over to the following year), in respect of the following:

a) To render service elsewhere nationally or internationally on invitation by

another organisation or institution, and not representing the University. In this case, a staff member will be required to gain prior approval and to disclose any financial gain to the University. A staff member shall be required to surrender 25% of the financial gain from such assignments to the University.

b ) Special leave in excess of 24 working days in a financial year may be

approved by the appropriate authority if supported by a comprehensive recommendation from the employee’s supervisor.

5.10.9 Study Leave

Pensionable employees who have served for a minimum period of one year may be granted study leave for long term study for approved courses/programmes, which run for a minimum of one year. The details and conditions on provision of such leave shall be contained in the University’s Training and Development policy and procedures.

Employees granted fully paid study leave shall be required to return to the University and continue their service for a period not less than the period and a half of their study leave or they will be required to reimburse the University for a portion of the leave that was granted.


5.10.10 Examination Leave

a) An employee who is registered for a course or programme of study through distance learning or part-time shall be entitled to examination leave of two (2)paid working days per subject including the day of the examination, provided that the leave is taken before the date of the examination sitting.

b) All applications for examination leave shall be accompanied by an

Examination timetable or notice from the examining institution or body and submitted to the employee’s manager for approval at least ten (10) working days prior to the examination.

c) An employee will be granted not more than fourteen (14) days paid leave in

a year. 6.0 BENEFITS AND ALLOWANCES

The Council shall determine the range of allowances and benefits, eligibility and prevailing rates. Unless otherwise stated, benefits shall not be included in total remuneration for purposes of calculating any terminal benefits due to an employee at the end of employment with the University.

6.1 Medical Aid

a) Employees may opt to join the medical aid scheme to which the University is

a corporate member, continue to be members of their existing medical aid schemes or join other local medical aid schemes of their choice.

b) The University will pay 100% of the monthly contributions required in terms

of the scheme for employees at clerical/semi-skilled (with non-degree

qualification requirement) level, provided that, such employees join the

medical aid scheme to which the University is a corporate member. These

positions include; secretary, storekeeper, driver/messenger, and others at

equivalent levels to these ones).

c) The University will pay 75% of the monthly contributions required in terms

of the scheme, for employees at professional/skilled non-management level

positions. Some of these include; Procurement Officer, Network

Administrator, Systems Accountant, etc.

d) The University will pay 50% of the monthly contributions in terms of the

scheme , for employees at senior professional and management level

positions. These positions include; manager, director, lecturer, head of school,

etc.

e) The University will support non-citizen employees who continue

membership of their medical aid schemes in their home countries by paying


them an allowance equivalent to the highest premium the University would

have paid for their membership at a corporate medical aid scheme to which

the University is a member or such allowance as may have been stated in

their offer letter of employment, whichever is higher.

6.2 Staff Training and Development

a) The University will endeavour to procure funds to assist employees to pursue approved academic/professional studies as may be deemed necessary. The level of training shall be in accordance with the departmental needs, job expectations and the required competencies for the job, and must be approved by the University. The University may not necessarily fund 100% of such training and development programmes.

b) Up to 50% of tuition fees will be paid for employees, their spouses and up

to three dependent children to study at the University, provided that such benefit shall apply for one programme per individual and to those

who have satisfied the requirements for admission to the programme. 6.3 The University Pension Fund

The University Staff Contribution Pension Fund shall be administered by a Board of Trustee. The Pension Fund shall provide for an early retirement pension at the age of 50 years and for a compulsory retirement at the age of 65 years. An employee who has attained the age of 65 years, may, at the discretion of the University, be given a fixed term contract. 6.4 Gratuity

a) Gratuity payable to an employee appointed on a fixed term contract shall

be paid according to the provisions of the contract agreement signed between the Employee and the University.

b) For purposes of calculating the gratuity, total taxable emoluments shall

be deemed to be the employee's basic / total monthly salary plus all taxable allowances but excluding benefits, multiplied by the gratuity rate provision in the contract agreement.

c) Gratuity shall be payable to an employee for the period served, upon

termination of employment including through resignation or death.

6.5 Professional Membership 6.5.1 Professional Membership to Associations

The University will pay the annual membership fees to up to two appropriate recognized professional associations, on behalf of employees in

designated positions who by the virtue of their positions at the University are required to be a member of such an organization.


6.6 Group Life and Disability Assurance

All employees of the University at the assumption of duty become members of the University‘s Group Life and Disability Assurance Scheme that provides 24 hour cover against death or disability on or off duty. The cover is governed by the conditions provided by the Underwriter Company.

The Insurance Cover is calculated based on an employee’s basic salary. Every employee so covered will be required to provide details of their beneficiaries. 6.7 Staff Loans Scheme As a general rule, the University does not grant cash loans to staff other than in the form of an advance of salary in cases of emergency. However, the University may negotiate with some commercial banks for preferential loan interest rates on behalf of staff. 6.8 Institutional Housing

Residential accommodation may be provided to employees on campus. If no institutional housing is available, an alternative off campus housing or a housing

allowance may be provided. 6.9 Other Allowances

The University will provide employees with other appropriate allowances as determined by the University's Council.

6.10 Travel and Allowances (Refer to Appendix A) 6.10.1 Passage and Baggage Allowances on Patriation and Repatriation

a) Employees recruited from outside Botswana shall be issued with passage to

travel to Botswana on the their start date and to their point of origin at the termination of the contract by either party. If travelling by air, they will be entitled to a maximum of 10 kilograms in excess of standard allocations for accompanied baggage. In addition to their accompanied baggage, they are also entitled to the transportation of unaccompanied baggage by road, rail or sea of up to 3 cubic metres per adult and up to 1 cubic meter per child for up to 3 dependent children under the age of 21 years (and in full-time education).

b) Return passages may only be issued to the employee and spouse

with arrangements for dependent children being contingent upon


each specific employment contract. The class of travel will be that approved by Council. For those travelling by road, the rates will be in accordance with the University kilometre rates as determined.

c) Employees recruited from outside Palapye from first day of employment and

on termination of employment, will be assisted with transport costs or reimbursed an equivalent of the cost of relocation to and from the Palapye Campus, for themselves, their spouse and up to three children aged under the age of 21years, and in full-time education.

d) A non-citizen employee on a fixed term contract of at least 36

months and recruited from outside Botswana will be eligible for return passage to their home country or country of recruitment or equivalent, mid- way through the contract, for him/her, spouse and up to three children aged below 21 years, and in full-time education.

6.10.2 Internal Travel - Accommodation

a) Employees who are required to travel on University business and have to spend a night from their normal place of residence will be accommodated in an hotel or comparable accommodation and shall be entitled to draw an internal travel allowance at the prevailing rates to pay for the accommodation, including meals. The allowance is accountable and

therefore submission of receipts and any remaining monies upon return by an employee, is necessary and required.

a) Where the cost of the accommodation includes the cost of meals, the University will pay the actual cost excluding alcoholic beverages. Other costs including laundry will be paid in full by the University provided an employee has stayed in the hotel for a minimum of four(4) days.

b) Employees who choose not to stay in accommodation provided by the

University shall not receive an accommodation allowance, but may claim the normal subsistence allowance.

c) Claim forms for reimbursement of expenses incurred while travelling on the

University’s business must be submitted within 14 days of the employee’s return to the office and must be authorised by the Supervisor prior to submission for payment.

6.10.3 Subsistence Allowance

Employees who are required to spend a night (s) away from their normal duty station who elect not to stay at an hotel or where such accommodation is not available shall be paid a non-accountable subsistence allowance per night at the prevailing rates.

6.10.4 Meal Allowance


An allowance at the determined rate, is payable to employees who may be required to spend at least four (4) hours, including lunch hour, away from their normal place of work.

Employees may not claim both meal allowance and subsistence allowance. However, where an employee is returning to their duty station after an official trip involving a night (s) away, the employee may claim meal allowance for that day.

6.10.5 Travel by Air

All employees who are required to travel by air on University business shall be entitled to a class of travel as determined by a competent authority.

6.10.6 Use of University Motor Vehicles

6.10.6.1 University motor vehicles shall be used for official University business only.

6.10.6.2 University motor vehicles shall be operated only by Authorised Users. 6.10.6.3 Heads of Unit (budget holders) may authorise an employee who holds a valid driver’s licence to drive a University motor vehicle to carry out official University business. 6.10.6.4 Misuse of a University motor vehicle shall constitute a disciplinary offence. 6.10.6.5 All traffic fines levied against an employee operating a University motor vehicle are the responsibility of the employee and not the University. 6.10.6.6 Heads of Unit (budget holders) may authorise employees to use their own private motor vehicles on University business where a University motor vehicle is not available. 6.10.6.7 Only comprehensively insured private motor vehicles may be used on University business. 6.10.6.8 Employees authorised to use their private motor vehicles on University business shall be entitled to claim transport allowance at prevailing rates. 6.10.6.9 An employee authorised to use his/her private motor vehicle on University business indemnifies the University from any liability for damage to the motor vehicle, any other damage caused by operation of the motor vehicle or loss of any kind associated with use of the motor vehicle. 6.10.7 Travel Allowance outside Botswana

a) Employees travelling on official business outside Botswana for


periods exceeding 24 hours will be eligible for payment of a travel allowance in accordance with rates prevailing in the Public Service, unless Council determines otherwise.

b) Where an employee spends up to 24 hours outside Botswana, the University will reimburse him/her for reasonable expenses for meals, taxi fare and incidental expenses.

c) The allowance for travel outside Botswana, irrespective of the duration of

the external visit, is non-accountable and is intended to cover for accommodation meals, laundry, transport within the country visited and incidental expenses. However, an employee on external travel may be reimbursed for the cost of any other reasonable incidental expenses such as the cost of visa, airport tax official telephone calls and internet services, upon production of receipts.

d) An employee of the rank of Dean/Director or above travelling outside

Botswana or any other employee designated by the Vice Chancellor as leader of delegation shall be entitled to a daily non-taxable entertainment allowance at the prevailing rate.

e) Where the host organisation provides fully paid accommodation and meals,

the University will only pay 25% of the total allowance payable for out-of-pocket expenses such as taxi, laundry, internet, etc.

f) In cases where the host organisation pays for half the expenses, either for

meals or accommodation, the University will pay 50% of the rate of allowance payable.

7.0 OCCUPATIONAL HEALTH AND SAFETY 7.1 Protective Clothing

The University will provide eligible employees with protective clothing and equipment as deemed necessary. Such clothing shall be replaced from time to time after normal wear and tear, but cleaning of such clothing (except for laboratory coats, which will be cleaned by the University) is the responsibility of the employee who must also take reasonable care of it.

Protective clothing will not be replaced at the cost of the University if the employee has used it in his or her own private work.

7.2 Reporting Accidents

All accidents involving personal injury, or damage to University property, however small, must be reported to the appropriate authorities within 24 hours after the accident and a written report submitted.

Failure to report an accident will be considered a disciplinary offence.


8.0 TERMINATION OF EMPLOYMENT

Either the University or an employee may terminate a contract of employment at any time provided that written notice (as described below) has been given or payment in lieu of notice has been made by either party.

8.1 Summary Dismissal

In the case of summary dismissal, the University shall pay any terminal benefits due to the employee, within two (2) working days.

8.2 Notice Period

8.2.1 As a general principle, an employee intending to resign from the University shall give at least one month’s written notice of termination of employment or pay one month’s salary in lieu thereof (dependent on contract terms of employment).

8.2.2 Where the University decides to terminate an employee either on fixed term contract or pensionable terms of employment for whatever reason, including on disciplinary grounds, but excluding on medical grounds, it shall give such employee at least one month notice or payment of three months’ salary in lieu thereof(unless the contract of employment provides otherwise). 8.3 Retrenchments

In the event that financial or operational circumstances make it necessary to curtail or reduce business activities, the University may take one or more of the following actions to avoid retrenchment of staff, including:

a) Redeployment of employees in another division, possibly at a lower grade.

b) Reduced working hours, with a commensurate reduction in remuneration. c) Temporary lay-offs on the basis of unpaid leave. d) Voluntary reduction of salary. e) Voluntary alternative employment with retainer. f) Involuntary paid leave.

If the circumstances make it inevitable that the number of staff must be reduced and retrenchment has to take place, the Institution will take into consideration each category of employees separately, bearing in mind the expertise/skill scarcity, experience, qualifications and performance of each employee concerned. However, where there are no competing concerns, the University will follow the principle of, ‘Last in, First out’.

8.4 Severance Benefit

Severance benefits, where applicable, will be paid in accordance with the Employment Act.

8.5 Certificate of Service


Upon termination of employment, however, at the request from an employee, the University will issue a certificate of service stating the period of employment with the University, the position held and the nature of the duties performed. 9.0 CONDUCT 9.1 Code of Conduct 9.1.1 The University expects its employees to conduct themselves at all times in a

manner which preserves the good name of the University.

9.1.2 Employees, particularly in their relationships with students, colleagues or clients, should at all times act professionally, with the highest degree of integrity and in accordance with the University's code of conduct and ethics.

9.1.3 In the event that the action or omission by an employee warrants

disciplinary action, the procedures laid down in these regulations shall be followed.

9.1.4 Notwithstanding the generality of the above, if in the determination of the

supervisor, the seriousness of the offence warrants suspension from duty pending an investigation, an employee may be suspended from duty as part of the investigation.

9.1.5 In all disciplinary matters, employees shall have the right of appeal in

accordance with the procedures hereinafter laid down at section 9.4. 9.2 General Conduct 9.2.1 Casual Absence 9.2.1.1 Absence from duty without the prior knowledge and/or permission

of the Supervisor may render the employee liable for disciplinary action. 9.2.1.2 Unauthorised absences from duty for more than five (5) consecutive working days shall constitute grounds for breach of contract, and unreasonable absence in this context will attract disciplinary action in line with section 9.2.8.

. 9.2.2 Duties

Employees shall at all times carry out their specified duties diligently. Poor performance as a result of the employee’s negligence or carelessness shall constitute grounds for appropriate disciplinary action. 9.2.3 Confidentiality

Confidentiality of information relating to the University is an essential part of an employee's conduct and all University employees shall be required to sign confidentiality agreements, which shall be done during the first three months of


their employment, preferably on the first day of employment.. Any breach of confidentiality shall be treated as a serious disciplinary offence.

Employees shall not, during their period of employment (and 6 months after termination of employment), be entitled, whether for their own benefit, or for that of others, to make use of or to derive profit from, any information in relation to the business of the University which they may have acquired by reason or their position with the University.

Any information about the University or its employees disclosed to third party shall be authorized by the University or by a Court of Law.

9.2.4 Press Statements, Interviews and Publications

Except through the Public Affairs and Communication Division or with prior authority, no employee of the University shall issue any press statement or give any interview or submit for publication, or take part in any public debate or discussion or any matter relating to the University that is of either a confidential nature or which could have serious implications to the University.

9.2.5 Declaration of Interest

a) Employees must notify the University in writing, of any potential or actual conflict of interest occurring through direct or indirect interest in any

business undertaking with the University, affecting both themselves and any close relationships or their immediate family members (i.e. spouses, parents, children, siblings, grandparents, grandchildren, in-laws).

b) An employee who is appointed to serve in any staff recruitment and selection

committee of the University must declare interest, for record of the meeting at commencement of such meeting. In a situation where such employee(s) has either business or personal relationship, conflict of interest will be declared and an alternate interviewer may be put in place.

9.2.6 Gifts

Any corporate gifts, or similar consideration of P 1,000 or more must be reported to the supervisor/head of department who shall determine whether the gift becomes the property of the University or remains with the employee. The Legal Services Division shall maintain a register for such gifts which shall be periodically inspected by the Internal Audit Division.

9.2.7 Mobile Cellular Phone Bills

Specified categories of employees will be eligible for mobile cellular phone usage allowance at the determined rates, which shall be paid directly to the mobile phone service provider. An employee who receives the usage allowance shall be required to pay any bill in excess of their monthly allowance limit, within ten (10) working days, or as stated in the policy, after receipt of their usage statement from the responsible Division.


9.2.8 Intoxication

The consumption of intoxicating substances within or on the University premises, except for social occasions authorised by the University, is strictly prohibited and any employee found consuming such substances will be liable for dismissal. Similarly, the consumption of intoxicating substances while travelling in University vehicles or those hired or leased for use by the University is strictly prohibited.

The possession or use of any habit forming stimulants, hallucinogens or narcotic substances classified by law as such, without a prescription, permit or other lawful sanction, or any other addictive substances or dangerous mood or perception altering substances in the University premises and vehicles is prohibited.

9.2.9 Smoking

The University has adopted the provisions of the Control of Smoking Act and as such, all administrative premises and University vehicles or those leased for use by the University are designated as non-smoking areas.

Smoking is strictly prohibited in the University premises, except in specially designated areas. An employee who does not comply with the above mentioned provision shall be liable for disciplinary action. 9.2.10 Trading and Gambling

Trading, gambling, betting, formal lotteries and sweepstakes on the University’s premises not designated for such, are strictly prohibited, whether during working hours or otherwise.

9.2.11 Political Activities

a) Employees of the University are not debarred from membership of a political party of their choice or from attending political meetings, provided that attendance at such meetings is undertaken after working hours. However, employees are not allowed to hold political meetings or display any political insignia or written material on University premises. Any material of this nature related to coursework, studying or research does not fall within this category.

b) Employees appointed on full time basis to a career/substantive position may

not hold an elected political office.

9.2.12 Care of BIUST Property

Every employee shall take care of University property and shall be held personally responsible for the care of any property under their control. If for any reason arising out of an employee’s negligence or carelessness, University property is lost


or damaged, such employee may be required to reimburse the University for the cost of repair or replacement of such property and may also be subject to disciplinary action according to the University disciplinary procedures.

9.2.13 Copyright Ethics

Unauthorised duplication of copyrighted software or printed material and plagiarism violate the University’s standard of conduct.

a) The University disapproves of such practices and recognises the following

principles as a basis for preventing its occurrence – the University will;

i) Not tolerate the unauthorised printing of published hard copy material or unauthorised use of software under any circumstances.

ii) Provide legitimately acquired software and print material to meet in

a timely fashion all justified needs of the University.

iii) All University employees will comply with all licensing or purchase terms regarding software and regulating their use of such material.

iv) Enforce strong internal controls to prevent the making or use of

unauthorised use of software and print material copies, including effective measures to verify compliance with these standards and appropriate disciplinary actions for violating these standards.

9.2.14 Clothing Code

All employees should ensure that their attire and general appearance and demeanour are such that a positive image of the University is projected.

If in the opinion of the supervisor, any employee’s standard of attire or appearance is such that it is felt that it does not project the right image, the supervisor reserves the right to require such employees to change his/her attire accordingly. When representing the University at official functions, business attire is required.

9.2.15 Employment Fidelity

a) Employees are expected to devote the whole of their working time and attention to the service of the University and at all times comply with the University’s conditions, regulations and any other such directions or instructions.

b) No employee, without prior authority in writing, shall engage in any private

trade, business, or occupation, directly related to the activities of the University.


c) Employees who are found to be carrying out such trade, business or occupation which is in conflict with the interests of the University and without authority, will be liable for dismissal.

d) An employee, who discovers, develops or invents any process, equipment or

procedure relating to his or her activities within the University shall divulge such process, equipment or procedure to the University and any benefit from such process, equipment or procedure shall be apportioned as under the relevant University Intellectual Property Policy.

10.0 DISCIPLINARY CODE AND GRIEVANCE PROCEDURES

a) It is essential that all employees be familiar with the disciplinary code as detailed in the following sections and procedures as detailed below. It is the responsibility of all managers to ensure that staff members are familiar with the disciplinary code and to take immediate action in any case of breach of discipline.

b) The object of the code and procedures is to state clearly the type of behaviour,

which could result in disciplinary action being taken against an employee and following the procedure for breach of discipline.

c) Generally, disciplinary action will be progressive, and an employee will not

normally be dismissed unless he or she has received up to three previous written warnings, including a final written warning, about his or her behaviour. However, this depends on the severity of the offence. The University reserves the right to terminate an employee’s employment with the University, in accordance with the Employment Act even if he/she has not previously been warned.

d) An employee who has already been warned for a breach of discipline, who

subsequently commits similar breach of discipline will be dealt with more severely.

e) All employees shall have the right to appeal against any disciplinary penalty

and those employees who will be members of a union (once established) recognised by the University shall have the right to be accompanied to a hearing, by a union official.

10.1 Acts of Misconduct

In addition to any breach, or failure to comply with the requirements of these General Conditions of Service, the following acts or activities shall constitute a breach of conduct on the part of an employee and shall make such an employee liable for disciplinary action;

a) Unauthorised absence from duty. b) Poor work performance as a result of the employee’s own carelessness, negligence, or incompetence.

c) Negligence or carelessness resulting in damage or loss to the


University’s property. d) Refusal to obey a reasonable, work-related instruction from a

supervising staff member or more senior member of the University. e) Insubordination, insolence, abuse, or unprofessional behaviour to

another member of staff. f) Being under the influence of intoxicating substances whilst at work. g) Misappropriation of University funds. h) Gross misuse of University property or theft of University assets.

i) Conviction of any offence of moral turpitude, fraud or of a serious nature during his/her employment with the University, whether such offence is related to the employee’s duties at the University or not.

j) Acceptance of any bribe, inducement, or soliciting for reward of services rendered as an employee of the University. 10.2 PRINCIPLES OF DISCIPLINARY PROCEDURE

The University reserves the right to take disciplinary action in each case of a breach of the Conditions of Service. This action consists of the following steps: i)verbal warning, ii)first written warning, iii) final written warning, iv) dismissal (if warranted), and v)appeal(as may be decided by an employee). The University shall be guided by principles stated in the sections below, in its application of discipline and implementation of disciplinary procedures;

10.2.1 Prompt Disciplinary Action to be taken

The objective of disciplinary action is to bring about a change in undesirable behaviour, and it follows, therefore, that the action on the part of the supervising staff member, must be taken promptly with regard to the alleged offence.

10.2.2 Charges to be made in Writing

Notification of any offence which involves disciplinary action, with the exception of an offence for which the penalty is a verbal warning only, shall be made in writing, clearly stating the nature of the offence and inviting the employee to reply. Disciplinary action will only be taken in respect of any offence for which an employee has been charged.

10.2.3 Suspension Pending Investigation The Vice Chancellor, Provost or Deputy Vice Chancellors may suspend an employee with pay, pending the outcome of any investigation. If the employee is cleared of all allegations made against him or her, she or he will be re-instated in his/her original job. 10.2.4 Right of Appeal


Every employee shall have the right to appeal through the University authority structures, against any disciplinary penalty imposed, and the right of reply to any disciplinary charge.

10.2.5 Penalties

Wherever possible, penalties imposed for disciplinary offences shall be progressive and stricter penalties will not normally be imposed unless the employee concerned has previously received a written warning concerning his/her conduct.

10.2.6 Employee’s Right To Be Accompanied and the Right To Be Represented

An employee who is facing a disciplinary hearing shall have the right to be accompanied and by a fellow employee of his/her choice or a trade union official if he/she is a member of a union(when it exists) recognised by the University. An employee facing a disciplinary action shall also have the right to be represented by a fellow employee of his/her choice during a disciplinary hearing, provided the representative is neither a lawyer nor an attorney by profession.

10.2.7 The Appeals Committee Decision is Final

The decision of the Appeals Committee, in respect of appeals against disciplinary action shall be final and shall be submitted to the Vice Chancellor for confirmation as deemed necessary.

10.2.8 Employment Legislation

Any employee who is aggrieved against the decision of the University in respect of disciplinary action shall, after the procedures laid down in this Conditions of Service document have been followed, have the right to recourse in terms of any legislation in force governing employment in Botswana.

10.2.9 Disciplinary Penalties

The University, at its sole discretion, shall have the right of imposing any one or more of the penalties stated below, on an employee guilty in every case, as each incident of disciplinary action will be considered separately. Refer to Table 1 below for types of penalties, and who imposes them for various offences/actions. While not an exhaustive listing, Table 2 provides a list of offences and possible penalties.

Table 1 – Offences, Penalties and the Official To Impose Action PENALTY MAY BE IMPOSED BY OFFENCE/ACTION Verbal warning

Line manager Any minor offence.

First written warning Line manager Repeated minor or any serious offence.


Second written warning

VC/DVC/Dean/Director Repetition of warning or first serious offence.

Final written warning VC/DVC/Provost/Vice-Provost/ Dean/Director

Subsequent offences following the second written warning.

Dismissal* VC/Provost After final written warning. Summary Dismissal VC Gross misconduct. * An alternative to dismissal may be suspension, with or without pay. Table 2 - Possible Offences and Penalties

Offence 1st Offence 2nd Offence

3rd Offence

4th Offence

Absenteeism: 1. Less than 5 working days 2. 5working days or more 3. Persistent absence from work without permission

- Verbal warning - First written warning - Dismissal

- First written warning - Final written warning

- Final written warning - Dismissal

- Dismissal

Poor Time Keeping 1. Persistently

reporting late for duty without permission.

- First written warning

- Second written warning

- Final written warning

- Dismissal

Sleeping on duty - First written warning - Second written warning - Final written warning - Dismissal Unsatisfactory work performance 1. Negligence of duty 2. Incompetence 3. Non-compliance

with standard procedures

4. Persistent poor work Performance

- First written warning - First written warning - First written warning - First written warning

- Final written warning - Final written warning - Final written warning - Final written warning

- Dismissal - Dismissal - Dismissal - Dismissal

Negligence 1. Loss 2. Damage 2. Misuse of property

- First written warning - First written warning - First written warning

- Final written warning - Final written warning - Final written warning

- Dismissal - Dismissal - Dismissal

Wilful (Property-related) 1. Loss 2. Damage 3. Misuse of property



Dishonesty 1. Disclosure 2. Concealment 3. Misrepresentation



Abusive and Disorderly Behaviour 1. Abusive or

threatening


- Dismissal


language 2. Assault or attempted

assault 3. Fighting 4. Insubordination 5. Riotous behaviour 6. Sexual harassment

- Dismissal - Dismissal - Dismissal - Final written warning - Final written warning

- Dismissal - Dismissal

Disobedience 1. Failure to obey

lawful instruction

- Final verbal warning


- Dismissal

Alcohol, Substances and Firearms Offences 1. Smoking in an

unauthorized area 2. Intoxication at work 3. Possession of illegal

drugs at work 4. Possession of

firearms at work

- Verbal warning - Final written warning - Final written warning - Final written warning

- First written warning - Dismissal - Dismissal - Dismissal


- Dismissal

Theft and Fraud 1. Bribery and

corruption 2. False evidence 3. Theft of a University

asset or from an employee of the University

4. Forgery or alteration

5. Misappropriation of funds

- Dismissal - Dismissal - Dismissal - Dismissal - Dismissal

Industrial Action 1. Illegal strike 2. Sabotage 3. Intimidation


This table provides a list of possible employee behaviours that would require disciplinary action. The list is by no means exhaustible but does illustrate those experienced most often. 10.3 Disciplinary Proceedings 10.3.1 Verbal Warning Any authorised employee indicated in Table 1 at any time may issue a verbal warning to draw to the attention of an employee an activity or behaviour that is undesirable and to warn such an employee to change or stop such behaviour.

It is important that managers take action immediately after noticing undesirable behaviours or actions, and managers should not ignore breaches of the University’s code of conduct.


A verbal warning constitutes an informal disciplinary action and should be applied to minor offences only. 10.3.2 Written Warning

Any authorised employee as indicated in Table 1, who becomes aware of an employee committing a more serious offence, or who repeats minor offences, may issue a written warning to the employee. The following circumstances will apply in the case of written warning;

a) A first written warning is issued when a verbal warning has not had

the desired effect or where a serious offence has been committed.

b) A first written warning may be issued by a line manager to any employee under his/her supervision.

c) A first written warning may be issued without a hearing

d) Before issuing a first written warning, the line manager must meet

the employee and give details of the offence, which the employee is alleged to have committed.

e) If in the presence of a witness, the employee accepts that he/she is

guilty of the alleged offence, then the first written warning shall be issued.

f) The written warning is completed and signed in duplicate with one

copy being given to the employee and the other copy kept in the employee’s personal file. Employees are required to sign both copies of a written warning. If the employee refuses to sign the warning, this will be noted.

g) Signing any written warning by an employee does not signify that

he/she committed the offence. The signature is an acknowledgment that the employee has received the written warning.

h) Should the employee not accept that he/she is guilty of the alleged

offence and/if he/she disputes the issuing of a written warning, then a formal disciplinary enquiry and hearing shall be instituted in accordance with the laid down procedures.

i) A written warning and final written warning should be issued for

serious offences or repeated minor offences.

j) A first written warning shall be valid for 6 (six) months and a second written warning shall be valid for ten (10) months from the date of

issue.

10.3.3 Final Written Warning


A final written warning will be issued where there is repeated misconduct or where the seriousness of the offence warrants a final written warning. The matter shall immediately be brought to the attention of the Human Resources Director, who shall convene a disciplinary enquiry in terms of the relevant disciplinary hearing procedures.

a) A final written warning may be issued by the chairperson of the

disciplinary hearing committee after a normal disciplinary enquiry.

b) A final written warning shall be valid for twelve (12) months from the date of issue. However, a shorter period may be taken into

consideration if additional offences have been committed. 10.3.4 Dismissal Dismissal is the ultimate sanction against an employee and shall be considered where: a) an employee has a final written warning. b) the seriousness of the offence is sufficient to warrant a dismissal;

A disciplinary committee may, after formal enquiry, recommend dismissal and such dismissal must be approved by the Vice Chancellor.

10.4 Appeal Against Disciplinary Action 10.4.1 Appeals Procedure

An employee may appeal against any disciplinary action. Such appeal should be made in writing and submitted to the Appeals Committee through the Human Resources Director within ten (10) working days of receipt of a written warning or pronouncement of a guilty verdict.

a) Upon receipt of an appeal, the Human Resources Director shall investigate and confirm the grounds for appeal and facilitate an appeals hearing by the relevant committee

b) The appeals hearing shall not be used to re-hear the merits of a disciplinary case but in exceptional circumstances, witnesses may be called to the hearing.

c) If the employee is a member of a trade union recognised by the University, a representative of that trade union may accompany him or her at the hearing.

10.4.2 Grounds for Appeal The following are considered as genuine grounds for appeal by an employee who has been in a disciplinary case;


a) Dispute of the verdict: where the employee does not agree that

he/she is guilty.

b) Procedural inconsistencies: where the employee has reason to believe that the disciplinary policy and procedures were not

adhered to. c) New evidence: where after enquiry, the new evidence or

information could alter the initial decision.

d) Severity of the Penalty: where the employee feels there are reasonable factors and/or the penalty imposed is too severe for the offence committed.

10.4.3 Appeal Hearing The process of the appeal hearing shall be as follows:

a) The Chairperson of the Appeals Committee (who shall be any employee at director/dean level employee or above), shall confirm the grounds of the appeal.

b) The Chairperson shall give the employee an opportunity to explain the reasons for appealing against the disciplinary action taken.

c) Once the Appeals Committee has concluded the hearing and made a decision, the Chairperson pronounces the outcome of the hearing and advises the employee of the outcome of the appeal within five (5) working days of the appeal hearing. The outcome of the appeal hearing shall be confirmed in writing. 10.4.4 Possible Appeals Outcomes The Appeals committee may: a) uphold the disciplinary action. b) reduce the penalty or the severity of the disciplinary action taken. c) set aside the decision taken by the disciplinary enquiry. 10.4.5 Final Decision Following an Appeal

The decision of the Vice Chancellor, based on the recommendation of the University Disciplinary committee in respect of any disciplinary action, is final.

10.5 Disciplinary Committees


10.5.1 Appointment and Composition of Ad-Hoc Disciplinary Committees

i) Disciplinary committees shall operate at various levels within the University and shall include:

a) The Departmental/Unit Disciplinary Committee b) The Divisional/College Disciplinary Committee. c) The Senior Management Disciplinary Committee d) The University Appeals Committee

ii) Each Committee shall consist of the following:

a) Chairperson b) Two Management Representatives c) Human Resources Official (as Advisor and Secretary) d) Legal Services official (as Advisor and Observer)

iii) Any disciplinary committee shall regulate its own proceedings. Two

Thirds of the members of a committee shall form a quorum.

iv) The following shall be invited during the course of the disciplinary proceedings:

a) The Complainant b) The Defendant or his/her representative who shall not be an

attorney or lawyer by profession. c) Witnesses (if any)

10.5.2 Roles and Responsibilities of Committee Members 10.5.2.1 The Chairperson The Chairperson of the Disciplinary Committee shall be a representative at the level of Director /Dean or above. The role of the Chairperson is to:

a) liaise with the HR official in arranging for the enquiry.

b) ensure that the complaint form clearly states the alleged offence.

c) preside over the case and direct proceedings.

d) conclude the case by summarising the relevant issues and announcing the judgement. 10.5.2.2 Presence of a Human Resources Official


A Human Resources official must be present at every formal enquiry and hearing proceedings and their duties and responsibilities are to:

a) ensure that the charge is appropriate to the offence and that

the details of the charge and the employee’s right to representation and to be accompanied, are communicated to the employee prior to the enquiry.

b) obtain all relevant statements prior to the enquiry and arrange for the presence of relevant witnesses.

c) advise and assist management and employees at every stage of the enquiry.

d) investigate the domestic, socio-economic and any other

circumstances affecting the defendant, when it is felt to be necessary, for example when a domestic crisis is offered in support of a plea of mitigation.

e) advise, record and facilitate communication in writing, to the concerned employee in writing, the outcome of the hearing.

10.5.3 Disciplinary Hearing Procedure 10.5.3.1 Opening of the Hearing Meeting

The Chairperson shall introduce everyone, request declaration of interests and inform the defendant of the charge against him/her. The Chairperson shall ask whether the defendant pleads guilty or not.

10.5.3.2 Hearing of the Case

The complainant shall be asked to state all the facts of the case being brought against the defendant and call all relevant witnesses.

10.5.3.3 Responses from the Defendant The defendant or his representative shall present his/her case and be given opportunity to question and/or cross examine any witnesses called by the complainant and may call his/her witnesses. 10.5.3.4 Cross Examination

The Chairperson, management representatives, complainant, the defendant and his/her representative may ask relevant questions throughout the enquiry. The Chairperson shall ensure that the enquiry is conducted in an orderly manner and refrain from attempting to build the case for either the complainant or the defendant.


10.5.3.5 Adjournments

The Chairperson may adjourn the enquiry at any stage to consult with the HR Official on procedural or any other reason and may require all or some of the employees present to absent themselves during such consultations.

10.5.3.6 Determination of Guilt or Innocence

Once satisfied that all pertinent evidence has been heard, the panel shall assess the evidence and decide whether the defendant is guilty or not, of the allegations against them. Whilst this decision may be tabled immediately at the enquiry, the chairperson may adjourn the proceedings to consider the matter before making a decision, normally within one working day.

10.5.3.7 Pronouncing Judgement

a) The question of guilt and the penalty to be imposed shall be considered separately. The Chairperson shall advise the defendant (and his representative, if any) of the outcome of

the enquiry. b) If guilty, the defendant and his representative shall be asked

to plead any relevant mitigating circumstances.

c) Once guilt has been established, the committee shall examine the defendant’s disciplinary record to reach a decision on the penalty to be imposed. Warnings that have expired will not be taken into account.

d) The Chairperson shall announce the penalty within one (1)

working day of the pronouncement of the judgement. The penalty shall be recorded and counter signed by panel members. If the defendant and/or his representative decline to sign the form, this should be recorded on the letter. Upon

conclusion of the hearing, a record of the disciplinary hearing proceedings shall be filed in the defendant’s employee file and shall be treated as confidential.

e) It is important that the defendant understands the reasons

for the disciplinary action that has been taken. If the penalty imposed is not dismissal, it should be made clear to him/her that any further misconduct on his/her part while the warning is valid shall result in a severe penalty being imposed and this may include dismissal.

f) The Chairperson shall advise the employee, immediately

upon the pronouncement of the judgement, of their right to


appeal. An employee who wishes to appeal must do so within ten(10) working days and shall follow the appeals procedure

outlined at section 10.4, above. 10.6 Grievance Procedure

a) If an employee has a grievance arising from his or her conditions of employment or any other issue, other than a matter concerning disciplinary action, the employee should lodge the complaint in writing to the appropriate authority.

b) The appropriate authority should make every effort to resolve the matter at this

level.

c) Any grievance or complaint must be raised with the appropriate authority within ten (10) days of the employee becoming aware of the problem.

d) If the appropriate authority is unable to settle the grievance to the satisfaction of

the employee within ten (10) working days, the employee may file an appeal with the next level of authority.

e) The next level authority shall take such steps as are necessary to investigate the

complaint and shall give their decision within ten (10) working days of receiving the appeal. If the employee is still dissatisfied, he/she may make an appeal in writing, to the Appeals Committee in line with the provisions outlined in this document.

f) The decision of the Appeals Committee shall be final.

11.0 COMMUNICATION

a) The University is firmly committed to a two way communication with its employees in order to keep them informed of any matters, which may affect them, and to provide employees with an opportunity to come forward with ideas that would benefit both employees and the University.

b) Department Heads shall hold monthly staff meetings which will be held

normally during working hours.

c) The Deputy Vice Chancellors and the Provost will hold staff meetings at a minimum, on a quarterly basis. The Vice Chancellor will hold staff meetings at a minimum of twice a year.

d) Employees should use the opportunities provided by these meetings to raise any

issues, other than individual disciplinary matters, or individual grievances and to put forward suggestions that will assist the University to develop and provide a better service to customers.


APPENDIX A

6.10 TRAVEL AND SUBSISTENCE ALLOWANCES

6.10.3 Subsistence Allowance

Employees who are required to spend a night (s) away from their normal duty station who choose not to stay in accommodation provided by the University shall be entitled for non-accountable subsistence allowance at the following rates;

i) P180.00 per night ii) P 69.00 for meals per day

6.10.6 Use of Private Motor Vehicles

a) Transport/Mileage Allowance Employees may be authorised to use their private motor vehicles

on University business and be entitled to claim allowance at the following rates; Tarred road P1.75/km Gravel road P2.85/km Sandy road P3.85/km 6.10.7 Travel Allowance Outside Botswana

The rates, including that for the head of delegation allowance, will be in accordance with those prescribed for the Public Service prevailing at the time unless Council determines otherwise.

botswana international university of science & technology · botswana international university...

Documents