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NCEDA HUMAN RESOURCE POLICY

NORTHERN CAPETRADE AND INVESTMENT

PROMOTION AGENCY

HUMAN RESOURCESPOLICY MANUAL

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Index

General Information – Purpose, Vision and Mission and Values

Structure of Northern Cape Economic Development, Trade an Investment Promotion Agency

1. Client/Customer Relationship1.1 Leave1.2 Provident Fund1.3 Home Ownership Scheme1.4 Medical Aid Scheme

2. Conflict of Interest2.1 Interested Person2.2 Gifts and Favors

3. Employee Records

4. Employer / Employee Relationship

5. Code of Conduct5.1 Relationship with Board / Executive5.2 Relationship with Clients5.3 Relationship among employees5.4 Performance of duties5.5 Personal conduct5.6 Questionable Situations

6. Grievance Procedure6.1 Management of Grievances6.2 Stages t address a grievance

7. Recruitment7.1 Authorisation7.2 Job Descriptions7.3 Recruitment sources7.4 External recruitment7.5 Internal recruitment7.6 Panel membership7.7 Selection process/methods7.8 Short listing7.9 Internal candidates7.10 Travel &accommodation

8. Working hours8.1 Attendance

9. Employee benefits9.1 Benefit elegibility

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NCEDA HUMAN RESOURCE POLICY9.2 Benefits on appointment9.3 Housing Allowance

9.4 Leave9.5 Vacation leave9.6 Sick Leave9.7 Temporary disability leave9.8 Maternity leave9.9 Special Leave / exams9.10 Provident fund9.11 Medical Aid

10. Job Evaluation

11. Performance Management

12. Training and development12.1 Introduction12.2 Training 12.3 Roles and responsibilities12.4 Bursaries

13. Occupational Health & Safety

14. Employee Health & Wellness

15. Contracts and Part time employment

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GENERAL INFORMATION

PURPOSE OF THIS MANUAL

The Human Resources Policy Manual provides reference to guidelines,

procedures, benefits, and general information pertinent to all employees of the

NCEDA

The information in this manual is in effect at the sole discretion of management and it may be withdrawn or changed at any time without prior notice. This manual is not intended nor shall it be construed as a binding contract.

This policy manual applies to employees appointed under the Basic Conditions of

Employment Act, the NCEDA Entities Act of 2008 and all collective bargaining

agreements and resolutions.

The policies contained in this manual may only be amended by the CEO in

writing, and on condition that such amendments have been approved by the

NCEDA

VISION

MISSION

VALUE STATEMENT

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NCEDA HUMAN RESOURCE POLICYSTRUCTURE:

CEO L13

Manager Trade & Investment Promotions

L12

Project Manager: Mining &

Manufacturing L11

Project Manager: Export Promotions L11

Project Manger Exporter Development

L 10

Office Assistant L5

Project Manager: Tourism L11

Project Manager: Mining &

Manufacturing L11

Project Manager: Agriculture L11

Manager: Economic Development L12

Receptionist L6

Office Administrator L9

Financial Manager L12

Secretary L9

Marketing & Communications

L11

Risk Manager L11

HR Manager L12



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NCEDA HUMAN RESOURCE POLICYThe NCEDA is driven by the following guidelines:

CLIENT / CUSTOMER RELATIONSHIP

The services rendered by the NCEDA are done under the auspices of the

NCEDA Entities Act of 2008, Basic Conditions of Employment Act and the Batho

Pele strategy document.

The Batho Pele concept consists of eight principles which must at all times be

adhered to. Clients of the NCEDA are extremely valuable to the agency.

Depending on your position, your clients may include fellow employees, service

providers or other members of the public. The Board and all employees of

NCEDA shall provide all of our clients with the best possible service. Clients

should be treated in an efficient, courteous, civil, and respectful manner at all

times.

Requests to fellow employees and other clients should be reasonable and fair

and should be made with respect to the individual and the agency’s area of

expertise. Individual differences should be handled in a professional, non-

confrontational manner.

All communication should be honest, and an attempt should be made to

communicate in a manner understood by the customer/client. Communication

should be productive in nature, not degrading or demeaning.

It is expected of all staff to familiarize themselves with the Batho Pele principles

and as a basis use them to set standards which will ultimately impact on the

image and performance of the NCEDA.

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CONFLICT OF INTEREST

All employees are prohibited from engaging in any business activities that are

actually or potentially adverse or detrimental to the best interest or mission of the

NCEDA. All employees and staff members shall adhere to the following

guidelines:

An employee may not give or receive a gift of substantial magnitude

from a source outside the NCEDA that is, in any way connected to the

core business or employment at the NCEDA.

An employee may not give or receive anything that can be construed

as a bribe, kickback or other illegal payment.

Employees may not allow a transaction with a vendor/ service provider

or others to be structured or recorded in any way that is inconsistent

with customary business practice.

Interested Person

An “Interested Person” is an employee who has a direct or indirect Financial Interest as defined below:

Financial Interest

An employee has a financial interest if the employee has directly or indirectly

through business, investments or his or her immediate family:

1. An ownership, investment interest or any arrangement which includes

direct or indirect remuneration, as well as any gifts or favors having

more than nominal value, in or with which the agency has or is

negotiating a transaction, arrangement or contract.

2. A potential ownership, investment interest or arrangement which

includes direct or indirect remuneration as well as gifts or favors having

more than nominal value, in or with which the agency has or is

negotiating a transaction, arrangement or contract.

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In the event that an employee is an Interested Person with reference to a

particular transaction or situation the employee shall immediately notify the Chief

Executive Officer in writing of the existence of the potential or actual conflict.

An employee who is an Interested Person in a particular situation or transaction

shall not participate in any way in the approval or arrangement for the providing

or supplying of goods or any other service.

Gifts and Favors

No staff member shall solicit or accept for personal use, or for the use of others,

any gift, favor, loan, gratuity, reward, promise of future employment, or any other

thing of monetary value that might influence or appear to influence the judgment

or conduct of the staff member vis-a-vis agency business.

EMPLOYEE RECORDS

The NCEDA retains information that is directly related to the employee’s position

with the department.

The information retained will include, but is not limited to a job application and

curriculum vitae, salary and payment authorization forms, personal data

changes, performance evaluations, letters of commendation and disciplinary

records.

If you wish to review your employee records, you can submit a request in writing

to the Human Resources Office. It is each employee’s responsibility to ensure

that their personal information (i.e., name, home address, telephone numbers,

etc) is accurate.

EMPLOYER-EMPLOYEE RELATIONSHIP

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NCEDA HUMAN RESOURCE POLICYThe Northern Cape Economic Development, Trade and Investment Agency

Board is dedicated to providing a quality service for its clients / beneficiaries and

a pleasant working environment for its employees. This type of dedication will

enhance the reputation of NCEDA and will contribute to its growth and success.

In order to uphold this tradition of excellence it is important that all employee’s

and the NCEDA work together. A successful work environment at the NCEDA

will be the result of everyone’s efforts.

EQUAL EMPLOYMENT OPPORTUNITY /EQUITY

The NCEDA affirms its policy of providing equal opportunities to all employees

and applicants for employment in accordance with the Employment Equity Act

and all applicable affirmative action principles.

The NCEDA will not discriminate against or harass any employee or applicant for

employment because of race, color, creed, religion, sex, sexual orientation,

disability, age or marital status.

The NCEDA will take Affirmative Action to ensure that all employment practices

are free of such discrimination. Such employment practices include, but are not

limited to: hiring, upgrading, demotion, recruitment or advertising, disciplinary

action, termination, rates of pay or other forms of compensation, and selection for

training including any future apprenticeships or internships.

The NCEDA will provide reasonable accommodation to applicants and

employees with disabilities.

The NCEDA prohibits the harassment of any employee or job applicant on the

basis of their protected class status. The department affirms the value of cultural

diversity for all its employees.

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NCEDA HUMAN RESOURCE POLICYTherefore, the NCEDA will commit the necessary time and resources, both

financial and human, to achieve the goals of Equal Employment Opportunity and

Affirmative Action.

Affirmative Action

The NCEDA has adopted the following goals to reaffirm it’s commitment to

affirmative action.

to achieve diversity in the racial/ethnic and sex composition of its

workforce at all levels;

to enhance opportunities for employment of persons from

underrepresented groups;

to provide accessibility to individuals with disabilities; and

to create a workplace environment free of bigotry and harassment;

The Human Resources component has responsibility for providing leadership,

coordination, and oversight for the NCEDA’s affirmative action program. All

officials contributes to the NCEDA’s commitment to affirmative action through the

work of the Northern Cape Economic Development, Trade and Investment

Promotion Agency Board, Senior Management, managers, supervisors, and

various groups as well as individual staff.

CODE OF CONDUCT

This section comprises of the Code of Conduct for the NCEDA.

The code acts as a guideline to employees as to what is expected of them from

an ethical point of view, both in their individual conduct and in their relationship

with each other.

Relationship with Board and Executive

An employee-

is faithful to the employer, the NCEDA and honors the constitution and abides thereby in the execution of his or her daily tasks;

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puts the interest of its clients first in the execution of her or his duties;

loyally executes the policies of the Board, the employer in the performance of her or his official duties as contained in all statutory and other prescripts;

co-operates with all institutions established under legislation;

refrains from favoring relatives and friends in work–related activities and never abuses her or his authority or influences other employees, nor is influenced to abuse her or his authority;

uses the appropriate channels to air her or his grievances or to direct representations;

is committed to the optimal development, motivation and utilization of her or his staff and the promotion of sound labour and interpersonal relations;

Relationship with Clients/Associates

All employees of NCEDA -

will serve the public/clients and all associates in an unbiased and impartial manner in order to create confidence in NCEDA;

is polite, helpful and reasonably accessible in his/her dealings with clients/public at all times treating all as customers who are entitled to receive high standards of service;

will not unfairly discriminate against any member of the public, clients, stakeholders, associates on account of race, gender, ethnic or social origin, color, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language;

will not abuse his/her position at NCEDA to promote or prejudice the interest of any political party or interest group;

respects and protects every person’s dignity and his/her rights as contained in the constitution;

Relationship among Employees/Internal

An employee –

co-operates fully with other employees to advance the interest of NCEDA and it’s clients/stakeholders/ associates;

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executes all reasonable instructions by persons officially assigned to give them, provided these are not contrary to the provisions of the constitution and/ or any other law;

refrains from favoring relatives and friends in work related activities and never abuses his or her authority or influences another employee, nor is influenced to abuse his or her authority;

is committed to the optimal development,, motivation and utilization of her or his staff and the promotion of sound labour and interpersonal relations;

deals fairly, professionally and equitably with other employees, irrespective of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, culture or language;

Performance of duties

An employee-

strives to achieve the objectives of her or his duties cost effectively;

is creative in thought and in the execution of her or his duties, seeks innovative ways to solve problems and enhances effectiveness and efficiency within the context of the law;

is punctual in the execution of her or his duties;

executes her or his duties in a professional and competent manner;

does not engage in any transaction or action that is in conflict with or infringes on the execution of her or his duties;

will recuse herself or himself from any official action or decision making process which may result in improper personal gain and this should be properly declared by the employee;

accepts the responsibility to avail themselves for ongoing training and self development throughout her or his career;

is honest and accountable in dealing with funds and uses the NCEDA’s property and other resources effectively, efficiently and only for authorized official purposes;

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NCEDA HUMAN RESOURCE POLICY promotes sound, efficient, effective, transparent and accountable

administration;

gives honest and impartial advice, based on all available relevant information to higher authority when asked for assistance of this kind and;

Honors the confidentiality of matters, documents and discussions, classified or implied as being confidential or secret.

Personal conduct and Private Interests

An employee-

during official duties, dresses and behaves in a manner that enhances the reputation of NCEDA;

does not use or disclose any official information for personal gain or the gain of others;

does not, without approval, undertake remunerative work outside her or his official duties or use office equipment for such work;

Questionable Situations

An employee or official, who has doubts regarding a questionable situation that

might arise, should immediately consult her or his Manager who will secure

clarity from reliable sources.

GRIEVANCE PROCEDURE

Employees may file a grievance when they feel a term or condition of their

employment has been violated. Examples of actions that may be the subject of

grievances include; disagreement with employment or disciplinary actions,

treatment considered unfair by an employee, such as coercion, reprisal,

harassment or intimidation, alleged discrimination and improper or unfair

administration of benefits, promotion, retirement, performance review, salary or

seniority. NB: Employees are encouraged to use the grievance procedure and

will not be penalized for doing so.

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NCEDA HUMAN RESOURCE POLICYIt remains the Employees responsibility to familiarize themselves with the

grievance procedure of the NCEDA.

Management of Grievances

No victimization of an employee directly or indirectly as a result of employee lodging a grievance may occur.

If disciplinary action is taken against an employee, utilization of the grievance procedure by an employee to address any matter related to the disciplinary action shall not halt the disciplinary procedure;

Managers must prevent disputes by resolving grievances at the lowest possible level

A grievance must be lodged and resolved within 30 days from the date on which the employee became aware of the official act or omission which adversely affects him or her.

Phases to address a Grievance

1. An aggrieved employee must clearly describe is or her grievance in writing

to the Human Resources Unit.

2. A representative from the Human Resources unit will liaise with the

relevant Manager to resolve the grievance

3. The Human Resources unit will within 10 working days inform (in writing)

the aggrieved employee whether or not the matter is resolved;

4. If the aggrieved employee remains dissatisfied, he must within 10 working

days thereafter inform the Chief Executive Officer (CEO) accordingly;

5. The CEO will forward the matter to the NCEDA Board who will within 10

days make a recommendation to the CEO;

6. The CEO must take a decision and inform the aggrieved employee

accordingly;

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7. If there is failure on the part of NCEDA to resolve the grievance within the

prescribed 30 day period, an employee may lodge the grievance with;

(i) The Northern Cape Economic Development, Trade and

Investment Promotion Agency Board directly;

(ii) The NCEDA will make recommendations to the Chief

Executive Officer who will inform the aggrieved employee;

8. Unfair labour practice disputes must be referred to the CCMA.

RECRUITMENT

The NCEDA has established procedures for advertising, selecting and recruiting

applicants for permanent and temporary positions.

All employees concerned with the recruitment and selection of all established

and temporary employees, whether this is in a management or specialist role or

providing administrative support for a manager concerned with recruitment must

become familiar with this policy and ensure that they comply with the procedures

The NCEDA is committed to constantly improving the academic standing,

performance and efficiency by attracting and recruiting high caliber staff, who are

the best candidates available for the job.

NCEDA Recruitment Policy is designed to cover our general approach to

recruitment and selection. This policy does not impose any legal obligations

themselves, nor are they authoritative statements of law. However, the

provisions of the policy are admissible in evidence and can be taken into account

in court or in Employment Tribunal proceedings.

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NCEDA HUMAN RESOURCE POLICYThe legal issues concerned with aspects of a recruitment/selection process are

numerous and include the following:

Unfair discrimination: The Employment Equity Act, the Basic conditions of

Employment Act.

Many of these Acts have been amended since their introduction and make it

unlawful to discriminate against a person, either directly or indirectly in

employment on the grounds of colour, race, gender, marital status, creed,

nationality, religion, sexual orientation, ethnic or national origins, or disability.

Direct discrimination occurs when an individual(s) is treated less favorably, i.e.

choosing not to employ a candidate because of his/her ethnic origin.

Indirect discrimination occurs when a requirement or condition has the effect of

discriminating unfairly and unjustifiably between one group or individual and

another, i.e. insisting upon a higher language standard than is necessary for

effective performance of the job could disqualify candidates for whom English is

not their first language.

Similarly, insisting upon an unnecessary physical requirement could discriminate

against one sex in favour of the other.

Recruitment Authorisation

Managers must obtain authorisation for a vacancy before recruitment can

begin. Authorization to recruit is always required for all of the following:

established or temporary status approval;

job title; and

category and grade.

Job Description and Person Specification

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NCEDA HUMAN RESOURCE POLICYFor all new or replacement posts a job description and person specification must

be provided. These documents set out the duties of the job and the skills needed

to fill it. The objective criteria contained within these documents must consist of

minimum standards considered to be essential for the effective performance of

the job. Desirable criteria may be included, but these must be referred to only if

candidates have met the essential criteria.

The Human Resources unit will provide advice and guidance to managers on the

completion of any of the recruitment documents required, including the

preparation of job descriptions.

Recruitment Sources

The NCEDA recruitment advertising budget normally covers the cost for all

agreed funded posts to be placed in one publication. All advertisements will be

screened and placed by the Human Resources component.

The NCEDA uses a variety of recruitment sources in order to ensure that

vacancies may be filled with the most suitable person available in a cost effective

and timely manner.

Vacancies will normally be advertised both externally and internally, except in

certain circumstances as set out below.

External Recruitment

All NCEDA funded posts will normally be advertised externally. External

advertisement means the use of national and local media.

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NCEDA HUMAN RESOURCE POLICYOnce the post has been authorized the Human Resources unit will administer the

recruitment process. All advertisements must be approved by the General

Manager: Corporate Services to ensure consistency in style and format, and

must have a closing date. This will normally be two or three weeks after the date

of publication.

External sources of recruitment include:

a) National and Local Newspapers

Employment advertising in National and Local newspapers such as the Diamond

Fields Advertiser and Sunday Times, is an important source of applicants. It is

unlawful and contrary to NCEDA policy to exclude or to express a preference for

any particular group of applicants as detailed in the Employment Equity Act.

Care must be taken to ensure that publications used for employment advertising

have a diverse readership with significant minority representation.

Internal Advertisements

In certain situations, it may be appropriate for a vacancy to be advertised

internally only. Such situations may include a possible redundancy situation or a

restructuring exercise, or where an individual is being redeployed under the Ill

Health procedures.

In such circumstances, the post will only be advertised within the NCEDA, and

any employees affected by the example situations above, may be given priority

to apply.

The Human Resources unit is responsible for ensuring that vacancies are

displayed on strategic places within buildings of the NCEDA so as to give

appropriate access to all eligible candidates.

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NCEDA HUMAN RESOURCE POLICYAll internal candidates for any post are required to complete the NCEDA

Application Form.

Panel Membership

All interviews must be conducted by more than one person in the form of a panel

interview. The panel for interviews should be agreed by the closing date for the

post. Where possible, each short listing and selection panel must represent an

appropriate gender mix (i.e. have at least one man and one woman).

For all appointments, the Chief Executive Officer must agree to the panel

membership before the closing date detailed in the advertisement, to ensure

availability.

The Human Resources component is trained in staff selection and are happy to

attend interviews as panel members (subject to availability) and/or to give advice

and guidance on the selection process where needed. Please contact your

Human Resources Adviser to discuss your needs.

For all panels, any personal relationships, or other potential conflicts of interest

between panel members and candidates must be declared to the Panel Chair so

a decision can be made as to whether it is appropriate for them to be part of the

panel. This is to protect the interests of all parties and is in accordance with the

NCEDA, Conflicts of Interest - Code of Conduct on Relationships at Work policy.

Further advice may be sought from Human Resources.

The Selection Process

Application

All applicants are invited to either e-mail or telephone the Human Resources

team for an Application form.

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NCEDA HUMAN RESOURCE POLICYSelection Methods

The type of selection methods to be used will be decided by the panel and may

include one or more of the following:

Panel interview

Presentation

Selection tests

Work samples or portfolios

Candidates will normally be invited to one interview only. However, in exceptional

cases a second interview may be necessary, or a two-stage selection process

required.

Shortlisting

Human Resources will forward all applications received to the chair of the panel

for short-listing. A Shortlist Memo will also be sent for completion by the panel,

giving reasons as to why applicants were not selected for interview.

On receipt of the Shortlist memo, the Human Resources unit will contact the

shortlisted applicants to inform them of the interview arrangements. All selected

candidates must be interviewed prior to employment, to ensure their eligibility

and suitability for the post.

In order to make the process manageable, and to ensure that only the

candidates that best meet the criteria progress through the recruitment process,

a maximum of 6 applicants (or less) should be shortlisted for any one post.

If there are exceptional circumstances that warrant a larger shortlist, a case

should be put forward to the Chief Executive Officer before invitation to interview

letters are sent out.

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NCEDA HUMAN RESOURCE POLICYInternal Candidates

It is good practice for all internal candidates to be shortlisted and interviewed for

a post, where they meet the essential criteria for that job. Where an internal

candidate does not meet the criteria and is not shortlisted, the chair of the panel

should contact them to inform them of this decision prior to any interviews taking

place.

The Selection Code

All members of the panel must follow this Selection Code, which applies to all

external and internal recruitment:

Any employee representing the NCEDA in the recruitment process must

undergo appropriate training. This training must cover employment law

relating to recruitment and selection, equal opportunities, interview

techniques and the use of job descriptions and person specifications

It is a legal, and NCEDA requirement that details of every application -

whether made verbally (face to face or on the telephone) or in writing,

must be retained for a period of 12 months. Notes detailing the

recruitment decision, both of the successful candidate and those who

were not selected must be kept in written form and retained as above.

All documentation should be returned to Human Resources following the

recruitment process where it will be stored in accordance with this

requirement.

All applicants who are to be interviewed must complete an Application

Form to ensure that the necessary legal and equal opportunities

information is gathered, and is signed by the applicant to confirm

accuracy.

There must not be discrimination on the grounds of race, creed, color,

nationality, ethnic origin, disability, age, language, religion or belief,

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NCEDA HUMAN RESOURCE POLICYpolitical or other opinion affiliation, gender, gender reassignment, sexual

orientation, marital status, national or social origin, property, birth or other

status, family connections, or membership or non-membership of a trade

union. The provisions of the Employment Equity Act must be complied

with.

The NCEDA positively supports the recruitment and employment of

persons with a disability/special needs and takes the view that it is ability

that counts.

Reasonable adjustments will be given full consideration and implemented

wherever possible to assist a disabled person to fulfill the role for which

they have been shortlisted.

To avoid misunderstandings, interview questions should be confined to

the broad requirements of the job and should relate to the criteria set out

in the Job Specification. Any employment offer must be made on the

same broad terms and conditions as set out for the role.

Immediately after the interview, the Panel Chair must complete the

Interview Record form as fully as possible outlining the suitability of the

candidate and reasons for an offer or rejection decision for each

candidate.

On receipt of the Interview Record forms, Human Resources will write to

shortlisted candidates who are unsuccessful, in order to inform them of the

outcome of their interview.

As a matter of courtesy and good practice, any unsuccessful internal

candidate should be informed of the outcome of their interview in writing.

Once the appointment panel has made a decision, the chair of the panel

(or nominee) may telephone the successful candidate and offer them the

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NCEDA HUMAN RESOURCE POLICYpost ‘subject to the terms of employment’. Once accepted, however, this

offer is legally binding.

Temporary employees covering the work of employees on Ordinary or

Additional Maternity or Adoption Leave must be informed that they are

“temporary replacements and that their employment will end when the

established employee returns”. They may be employed on a fixed term

contract.

The Human Resources unit will be responsible for preparing and issuing

the offer letter and statement of terms and conditions to the new

appointee.

Travel And Accommodation Expenses

Candidates are advised that they will receive re-imbursement for any standard

class travel (up to a maximum as determined in the Subsistence & Travel

policy). An expenses form will be included with their invitation to

interview. Applicants are asked to send their form and any tickets or receipts to

the Human Resources unit and a cheque will be sent to them in due course.

HOURS OF WORK/ ATTENDANCE

Attendance

All employees are expected to report to work regularly and on time. In those

instances when employee’s cannot avoid being late for work or are unable to

work as scheduled, they must notify their immediate supervisor within the first

hour of the workday, barring extenuating circumstances that make such

notification impossible or extremely difficult. Poor attendance and/or excessive

tardiness may lead to disciplinary action, up to and including termination of

employment.

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NCEDA HUMAN RESOURCE POLICYWorkweek: The normal workweek consists of 45 hours, five days a week.

Monday through Friday.

Working hours commences at 08:00 until 16:30 daily except for a Friday when

employees will work until 16:00 pm.

Lunch: Each employee will be allowed a lunch period of 60 minutes per day.

Overtime: Employees may be required to work overtime when deemed

necessary by their supervisor.

The payment of overtime is subject to the availability of funds hence the

employer can give employees time off equal to the number of hours worked.

Overtime is paid at a rate determined by the Basic Conditions of Employment

Act.

EMPLOYEE BENEFITS

The NCEDA offers a comprehensive program of benefits and services to help

meet the needs of its employees throughout the various stages of their lives.

Medical coverage is available to both you and your eligible family members. The

NCEDA also provides financial protection for your family in the event of your

death with an excellent provident fund underwritten.

Planning for retirement is very important. It is the prerogative of each employee

to make provision for their Retirement by way of additional insurance.

Benefit Eligibility

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NCEDA HUMAN RESOURCE POLICYFor the purpose of benefit eligibility, salaried employees working in permanent

positions who work 45 hours per week will be entitled to receive the full benefits

offered by the NCEDA.

Benefits on Appointment

An employee shall upon appointment be compensated for the transportation of

his / her household and personal effects to the location where he / she has been

appointed. Employees must obtain the department’s prior clearance/ approval

before entering into any financial commitment.

HOUSING ALLOWANCE SCHEME

All employees qualify for a housing allowance if he/she:

Holds a permanent position at the NCEDA. This includes fixed term contract

employees

The Housing Allowance is payable on one home only.

If you and a number of other independent employees, having separate rental

agreements, live in one house, each employee will qualify for the Housing

Allowance.

You can either rent or own a home. If you rent a home, you must at least

have a formal/written rental agreement with the person that you are renting

from. If you own a home then the home must be registered either alone in

your name or it could be registered in both your and your spouse’s names.

Closed corporations, trusts and companies unfortunately do not count.

You and/or immediate family must live in the home

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NCEDA HUMAN RESOURCE POLICY The home must be located in South Africa.

The maximum housing allowance at this stage is R 500 per month per employee

and is subject to change based on the annual revision of interest rates/ inflation.

The NCEDA also makes provision for the allocation of a housing grant for

employees who do not own a home or is a registered bondholder.

The current amount is R 500 per month and is subject to the completion of an

application form which is obtainable from the Human Resources unit.

LEAVE

The authority to approve or disapprove leave rests in the hands of the Chief

Executive Officer and all Managers to whom this responsibility is delegated. In

the current dispensation leave is a right and not a privilege.

Vacation Leave

New appointed persons qualify for 21 working days per annual cycle. Persons

with more than 10 years service quality for 26 working days per annual cycle.

Sick Leave (Normal)

The sick leave cycle is 3 years. Employees shall be granted 36 working days sick

leave with full pay in a three-year cycle. The employer shall require a medical

certificate from a registered medical practitioner if three or more consecutive

days are taken as sick leave.

Unused sick leave credits will lapse at the end of a three-year cycle. The 8 week

rule is applicable in the event where employees take sick leave for two days or

less without submitting a medical certificate.

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NCEDA HUMAN RESOURCE POLICYThis would then mean that no sick leave can be utilized without a medical

certificate for a period of eight weeks commencing from the last sick leave

utilized.

Granting of Sick leave

Sick leave shall be granted only in respect of: absence from duty owing to illness

indisposition or injury not due to misconduct or failure to take reasonable

precautions.

Temporary Disability Leave

An employee whose normal sick leave credits in a cycle have been exhausted

and who, according to the relevant practitioner, requires to be absent from work

due to disability which is not permanent, may be granted sick leave on full pay

provided that:

A relevant registered medical practitioner has duly certified such a condition

as temporary disability except where conditions do not allow.

Maternity / Parental Leave (Confinement)

Special leave with pay is granted for purposes of confinement to female

officers regardless of marital status on the following basis: Four months paid

maternity leave for each confinement.

If four months has been utilized and there are still complications she can

extend the leave with available vacation leave.

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NCEDA HUMAN RESOURCE POLICYFamily responsibility leave An employee will be granted three days’ paid leave, which the employee is

entitled to take when :

the employee’s child is born;

the employee’s child is sick; or

In the event of the death of—

o The employee’s spouse or life partner; or

o The employee’s parent, adoptive parent,

grandparent, child, adopted child, grandchild or

sibling.

An employee may take family responsibility leave in respect of the whole or a

part of a day.

Before paying an employee for leave in terms of this section, an employer

may require reasonable proof in the event of death as stated above for which

the leave was required.

An employee’s unused entitlement to leave in terms of this section lapses at

the end of the annual leave cycle in which it accrues.

A collective agreement may vary the number of days and the circumstances

under which leave is to be granted in terms of this section.

Examination/Study leave

Special leave with full pay may be granted to an employee for the day before

and the day on which the exam is written – an exam timetable must be

attached to the leave request.

Leave Payouts

Employees shall be paid a cash value in respect of all unused leave credits upon

termination of service. The leave payout will be based on the following formula:

A

B X C = leave payout

29


A = Annual salary notch

B = 260.714 (No of working days)

C = leave credit (number of unused days)

MEDICAL AID SCHEME

All employees are entitled to this benefit and it is optional. Employees can

choose to belong or not to belong to a medical aid scheme.

The NCEDA pays 60% of the total premium while the employee contributes 40%.

Deductions are automatically recovered from the employee’s salary.

JOB EVALUATION

Job Evaluation is a clear and defensible basis for determining relative differences

between jobs and informing the design of grade and salary structures of an

organisation.

Job Evaluation is about:

• Job content.

• Relative value/size/weight of jobs compared to one another within an

organization.

• Equity in determining salaries and grading.

• It forms part of the broader HR management framework

• Proper organisational planning and determination.

• Proper job evaluation planning and implementation.

Job Evaluation is NOT about:

• Deciding whether a post is needed.

30

NCEDA HUMAN RESOURCE POLICY• Individual performance or skills.

• Providing general increases in pay or market-related pay.• Purpose is not to determine market related salaries but internal equity.

PERFORMANCE MANAGEMENT SYSTEM / EMPLOYEE RECOGNITION

The NCEDA carries out its mission through the individual and collective

contributions of its employees. To do their best, staff members need to know that

those contributions will be recognized and acknowledged.

Performance Management is one of the key processes that, when effectively

carried out, helps employees know that their contributions are recognized and

acknowledged. Performance management is an ongoing process of

communication between a supervisor and an employee that occurs throughout

the year, in support of accomplishing the strategic objectives of NCEDA. The

communication process includes clarifying expectations, setting objectives,

identifying goals, providing feedback, and evaluating results.

A more comprehensive policy on Performance Management has been developed

and is available from the Human Resources unit.

TRAINING AND DEVELOPMENT

Introduction

Training and development of Human Resources has been identified as a key

aspect in addressing the skills gap and to accelerate the development of the

peoples of South Africa.

Training

31


Training can be described as a systematic and a planned process, whereby

knowledge and skills are taught to people, the purpose of which is to enable or

improve their present or future performance. Training interventions are seen to

be presented in what is referred to as on a formal or so called informal manner.”

Formal” training is usually acquired from Schools, Technikons and Universities

while “informal” interventions are provided by supervisors, the training section of

the NCEDA and external consultants.

To assist employees in furthering their studies, NCEDA offers a bursary scheme.

A bursary committee will consider all applications for bursary based on merits of

the application. Bursaries will be considered on the basis of the study field and

it’s relevancy to the employees actual work content. All recipients of a bursary

from NCEDA will sign a contract binding them to the NCEDA for the period

attached to their studies.

Training is of importance to the individual and the Northern Cape Economic Development, Trade and Investment Promotion Agency:

Employees are empowered to attain the set standards required after a

training intervention;

Trained employees tend to feel secure when an investment in terms of their

development is made by their employer, thus increased morale; and

Fewer complaints, less absenteeism and fewer resignations are generally

experienced when the training and development needs of employees are

addressed;

Fewer accidents;

Less damage to the equipment; and

32


The overall effect of a culture of learning in an organisation is one of the greater

loyalties to the organisation.

Roles and Responsibilies

Individual Employee

The most important person in the training and development of an employee is

that individual herself/himself. As an employee of the NCEDA you could take

note that great emphasis is placed on the value of striving towards as well-

trained and optimally developed workforce. Therefore it is important that you

utilize all channels available to you to ensure that your training needs are

attended to.

One of the best ways of going about this is by means of self-development. The

importance of self-development is internationally recognized.

In fact all training is considered self-development because one person cannot

teach somebody else if that person has not opened himself to internalize the

knowledge and skills provided.

The subject matter can at most be offered in such a way that it stimulates training

to include reaction and participation, in other words self-development.

Examples include: formal study, informal self-study b reading or practicing a

potentially new task, volunteering for additional tasks of higher level, etc.

33


Supervisors and Directors

The directors will attend to the management of all Human Resource matters in

his directorate and therefore ensure that:

The training and development needs of all occupational groups in his

component are identified, and

Take the necessary measures to ensure the provision of the required training

and development interventions to address these needs.

The Human Resources Unit

The Human Resources unit, through its personnel, will address training needs

that have been identified as institutional training priorities. Examples of these

include:

Co-coordinating the facilitation of Customer Service delivery programme;

Addressing Managerial and Leadership Development by co-coordinating

training and development programmes for managers;

Co-coordinating the Mentorship training programme for mentors and mentees

that will be identified in the institution for future development purposes;

OCCUPATIONAL HEALTH AND SAFETY

NCEDA is committed to the health and safety of all staff members and to

protecting and enhancing the environment. NCEDA and it’s staff share

responsibility in achieving a safe and healthful work environment

Safety and health programs are described in the Occupational Health and Safety

Act. Each work area should provide access to and have copies of safety

procedures available for your review and reference.

34


EMPLOYEE HEALTH AND WELLNESS

The Human Resources unit of the NCEDA has the responsibility of administering

Employee Health & Wellness initiatives to assist and resolve problems that may

negatively impact on its employee’s performance.

The Human Resources unit is to work closely with a multi-disciplinary team of

specialists in both public and private enterprises to assist employee’s with

various problems they may experience.

The services rendered by this unit is centered on but not limited to:

HIV/ AIDS counseling and support

Emotional and personal difficulties

Drug & Alcohol abuse

Managing stress and change

Trauma counseling

Work related issues (eg, poor performance, absenteeism, retirement

preparation, etc)

Health promotion

Financial guidance

All information shared in the EAP process is at all times treated with strict

confidentiality and is never shared with anyone unless the employee consents

that this information may be shared with designated officials.

CONTRACTS AND PART TIME EMPLOYMENT

1. Preamble:

35

NCEDA HUMAN RESOURCE POLICYThe purpose of this section in the policy is to regulate the utilization of workers in

the NCEDA that is not on the permanent establishment of the NCEDA.

2. Objectives:

2.1To ensure a uniform and standardized approach to the utilization of

workers that is not on the permanent establishment of the NCEDA.

2.2To ensure cost effective and regulated use of workers that is not on the

permanent establishment of the NCEDA.

3. Mandates:

The Public Service Act, 1994, as amended

The Public Service Regulations, 2001, as amended

Labour Relations Act, 1995

Basic Conditions of Employment Act, 1998

Unemployment Insurance Act, 2000

4. Definitions:

4.1A casual worker can be defined as a worker appointed not for the

purposes of the normal operation of the NCEDA. Such a casual worker

may not work for more than 24 hours in any calendar month.

4.2A temporary worker can be defined as a person that will be appointed

additional to the approved establishment in terms of Public Service

Regulations, Chapter 1, Part III, G. It may only happen under the

following conditions:

36

NCEDA HUMAN RESOURCE POLICY4.2.1 If the incumbent of the post is expected to be absent for such a

period that her or his duties cannot be performed by other

personnel, e.g. maternity leave, etc.

4.2.2 If a temporary increase in work occurs

4.2.3 If it is necessary for any other reason to temporarily increase the

staff of the NCEDA.

4.3A contract worker can be defined a person that will be appointed in

the NCEDA on a contract basis for a pre-determined time, to perform a

pre-determined task or set of tasks. This can be additional to the

establishment. An employment contract will form the basis of this

employment.

5. Principles:

5.1Employment practices shall be fair and in the interest of the NCEDA.

5.2Employment practices shall be free of unfair discrimination on the

basis of race, gender, religion, political opinion, marital status or any

other arbitrary ground.

5.3Employment of contract workers shall be in line with the requirements

of the NCEDA.

6. Casual workers:

6.1Casual workers shall be employed for purposes other than the normal

operations of the NCEDA. Such purposes may include duties such as

the movement of furniture during the movement of offices, wash of

pool cars, etc.

37

NCEDA HUMAN RESOURCE POLICY6.2Any people that need to appoint a casual worker need to determine the

estimate time the task for which the casual worker will be needed and

the cost associated with that.

6.3Any person that needs to appoint a casual worker should get approval

from the CEO on approval of the board or a person who is delegated to

manage the budget from where the casual worker will be paid. This

should be obtained in the form of the standardized submission format

of the NCEDA.

6.4Casual workers will be paid on an hourly basis for the hours worked,

provided that, if the person work for less that four hours on any

particular day, it will be deemed as if he had worked for four hours and

he will be remunerated for four hours.

6.5The rate at which a casual worker will be paid will be calculated using

the first notch a salary level 1worker.

Example: With effect 1 July 2010 the first notch of level is R38, 868.00 per

annum.

The daily rate will therefore be:

38,868.00 ÷ 260.714 (where 260.714 represents the number of working days in a

year)

= R149, 08 per day

The hourly rate will therefore be:

149.08 ÷ 8

= R18.64

38

NCEDA HUMAN RESOURCE POLICYA casual worker will therefore be paid at a rate of R18.64per hour. This rate will

change with cost of living adjustments on an annual basis.

6.6The person who requested for the casual worker will be responsible to

keep the attendance register for the casual worker and will be

responsible for the movements of that worker. He/she will also be

responsible to hand the attendance register in at the NCEDA

Accounting unit and should make sure that the casual worker gets

paid.

6.7Nobody may accept the wage of the casual worker on behalf of the

casual worker. The casual worker must personally sign for receipt of

his/her wage.

7. Temporary workers:

7.1A temporary worker will be appointed additional to the approved

establishment in terms of Public Service Regulations, Chapter 1, Part

III, G.

7.2The temporary worker will be appointed under the following conditions:

7.2.1 If the incumbent of the post is expected to be absent for such a

period that her or his duties cannot be performed by other

personnel, e.g. maternity leave, etc.

7.2.2 If a temporary increase in work occurs

7.2.3 If it is necessary for any other reason to temporarily increase the

staff of the Department.

7.3 If the temporary worker will be appointed for a period not exceeding

four months, the employee will be remunerated according to rates set

39

NCEDA HUMAN RESOURCE POLICYin the Financial Manual issued by the Department of Public Service

and Administration.

7.4The employment of a temporary worker should be approved by the

Board for SMS level and by the Accounting officer for levels 1 - 12.

7.5A memorandum of agreement should be signed between the

delegated official and the temporary worker. This agreement should

specify the time period and the temporary nature of the employment as

well as the rate of remuneration and the tasks that the temporary

worker should perform during the period of employment.

8. Contract workers:

8.1A contract worker may appointed in the NCEDA on a contract basis for

a pre-determined time, to perform a pre-determined task or set of

tasks. This can be additional to the establishment or in an unfunded

post to prevent recurring expenditure.

8.2The appointment of a contract worker shall be approved by the board

for SMS level and by the accounting officer for levels 1 – 12.

8.3A contract will be signed between the delegated manager and the

contract worker. Copies of pro-forma contracts are attached to this

policy as Annexure A (for appointments on levels 1-12) and Annexure

B (for appointments on SMS levels).

8.4A contract worker will be appointed on the Psiber payroll system with

an end date. The Psiber payroll system will automatically terminate the

employment contract on the specified date but management must

always check to ensure this process is implemented.

40

NCEDA HUMAN RESOURCE POLICY8.5It is the responsibility of the Finance Manager to ensure that sufficient

funds are available for the fulfillment of the contract.

8.6The Chief Financial Officer should, as contract manager, sign as one

of the witnesses on the contract. The contract should therefore be

discussed with the Chief Financial Officer prior to the appointment of

the contract worker.

8.7The Delegated Manager shall take full responsibility of the

management and the monitoring of the contract worker.

8.8The Delegated Manager should hand in the particulars of the proposed

contract worker to Human Resource Management for reference

checking at least one week prior to the signing of the contract. Human

Resource Management will provide feedback with regard to the

reference checking to the delegated Manager within four working days.

8.9The signed contract together with a comprehensive CV and copies of

the contract worker’s ID and qualifications should be handed to the

Human Resource Management Unit writing one day after the signing of

the contract.

8.10 The Human Resource Management Unit will not capture the

appointment before the original signed contract is not received.

9. Nature of Appointment:

The appointment of staff under this policy is of a temporary nature and normal

employment practices as stipulated in the HR Policy should still be followed

before a person could be appointed on a permanent basis. No expectation

should be created. Automatic absorption of contract workers should not be done.

41


Annexure A

TEMPORARY EMPLOYMENT CONTRACT

AGREEMENT ENTERED INTO BY AND BETWEEN

_________________________________________

(ID: ________________________)

Hereinafter referred to as “the employee”

AND

NORTHERN CAPE ECONOMIC DEVELOPMENT, TRADE AND INVESTMENT PROMOTION AGENCY

(Herein represented by ____________________ in his capacity as

_____________________)

42


Hereinafter referred to as “the employer”

1. JOB DESCRIPTION

The employee is appointed to the post of _____________________ on a

temporary fixed term. The employee will be performing duties in the

___________________________________ Unit of the

_______________________ Programme of the NCEDA focusing on

__________________________.

2. DURATION OF CONTRACT

This contract shall commence on _________________ and shall terminate on

________________. In the alternative the contract may expire upon the

occurrence of a particular event, as set out in clause 11, or at the completion of

the task for which the employee is engaged.

3. NO EXPECTATION

3.1This contract shall expire automatically on the date specified herein above and accordingly specific notice of termination is not necessary. Alternatively, if the contract expires upon the occurrence of a particular event, as mentioned in Clause 11 or at

43

NCEDA HUMAN RESOURCE POLICYor the completion of the task, then the employer shall give one month notice of termination of the contract notwithstanding the fact that the contract expires automatically.

3.2 The entering into this contract by the employee shall not create any

expectation of any nature whatsoever that this contract will be renewed

or extended. Renewal or extension will be done by way of a separate

contract, and any delay or failure to conclude such a separate contract,

whether or not due to the fault of the employer shall in no way

constitute a waiver of the Employer’s rights.

3.3 When this contract comes to an end, it shall be for the reasons

specified herein above and shall not be regarded as a termination for

operational reasons or as a retrenchment or redundancy. In the

circumstances it is specifically recorded that the employee has no

expectation of any nature whatsoever of receiving severance pay.

4. PLACE OF WORK

The employee shall report for duty at the offices of the NCEDA in the

________________ Building, Kimberley.

5. HOURS OF WORK

Working hours will be from 08h00 until 16h30, Mondays to Fridays.

6. DUTIES

The key responsibilities attached to the posts are as follows:

___________________________________________________

44

NCEDA HUMAN RESOURCE POLICY _____________________________________________________

_____________________________________________________

Furthermore, the Employee shall undertake all such duties and responsibilities as

specified from time to time by any relevant person in authority. The Employee

shall comply with all rules, governing that particular office, post or institution

under which he is stationed.

7. OVERTIME

No payment for the working of overtime will be made, unless the payment of

overtime was approved prior to the working of the overtime hours.

8. REMUNERATION

The employee will be appointed at the salary range _____which shall be _____________________. The employee will be required to structure the package in terms of the rules for structuring of MMS/SMS packages as set out by the Department of Public Service and Administration.

9. DEDUCTIONS

All deductions that are required by law, such as tax, Agency levy, PSCBC and

GPSSBC levies will be deducted. The Salaries division of the NCEDA will only

make other deductions if requested by the employee in writing, and by

completing the necessary forms as required.

10.LEAVE

45

NCEDA HUMAN RESOURCE POLICY10.1 VACATION LEAVE

The employee will be entitled to 21 working days annual leave during the year of

appointment.

Should the contract be terminated prior to the termination date leave would be

calculated on a pro rata basis. The employee will be allowed one day paid leave

for every 17 days worked in accordance with the Basic Conditions of

Employment Act 75 of 1997, as amended.

10.2 SICK LEAVE

The employee will be entitled to one day paid sick leave for every 26 days

worked.

10.3 FAMILY RESPONSIBILITY LEAVE

Family responsibility leave will be equal to 3 days per annual leave cycle for the

reasons and subject to reasonable proof as set out in the Basic Conditions of

Employment Act.

11.TERMINATION OF EMPLOYMENT

11.1 Notwithstanding the fixed term nature of this contract, the contract

may nevertheless come to an end during the currency of the contract

by reason of one or more of the reasons stipulated hereunder.

11.1.1 Misconduct

46

NCEDA HUMAN RESOURCE POLICY11.1.2 Operational requirements, including economic technological

structural or similar reasons, which lead to retrenchment or

redundancy of a particular post.

11.2 In the event of the termination of this contract for any other reasons

aforesaid the employee shall be given the opportunity to be heard and

to state the case in response to the reasons for the termination prior to

any such termination actually being affected.

11.3 Either party may give notice of the termination of this agreement by

way of one calendar month notice in writing The Employer may

however terminate this contract on a summary basis for any reason

recognized by law as sufficient, including but not limited to gross

misconduct and desertion. The employer may in his sole discretion

waive the notice period where an employee wishes to resign and leave

immediately in such a case; the employee will not be paid for the

notice period.

12.VARIATION

No amendment to this agreement or any of the provisions or terms thereof and

no extension of time or waiver or relaxation or suspension of any of the

provisions or terms hereof shall be of any force or effect, unless produced in

writing and signed by both parties.

13.DOMICILIA CITANDI ET EXECUTANDI

The parties choose as their respective domicilliom citandi et executandi for the

purpose of giving all notices as provided for herein, legal proceedings and all

other correspondence the addresses as set out below:

The Employer

47


Northern Cape Economic Development, Trade and Investment Promotion

Agency

227 Du Toitspan Road

Belgravia

KIMBERLEY

8301

Tel: 053 8331503

Fax: 053 8331390

The Employee

____________________________ (Physical address)

____________________________

____________________________

____________________________

Tel: ____________________

Fax: ____________________

14.Notices

14.1 All notices to be given in terms of this contract will-

14.1.1 Be given in writing; and

14.1.2 Be delivered or sent by prepaid registered post or by telefax;

and

14.1.3 If delivered, be presumed to have been received on the date of

delivery; or

48

NCEDA HUMAN RESOURCE POLICY14.1.4 If sent by prepaid registered post, be presumed to have been

received within three business days of posting unless the

contrary is proved; or

14.1.5 If sent by telefax, be presumed to have been received on the

first business day following the date of sending the telefax

unless the contrary is proved.

Signed at Kimberley on this ____ day of __________ 2011 in the presence of the

undersigned witnesses.

As witnesses:

1. ________________________

2. ________________________

________________________________________________________________

for and on behalf of the NCEDA he being duly authorized hereto.

Signed at Kimberley on this ____ day of __________ 2006 in the presence of the

undersigned witnesses.

As witnesses:

3. ________________________

4. ________________________

________________________________________________________________

The Employee

49


Annexure B

EMPLOYMENT CONTRACT FOR A FIXED TERM IN ACCORDANCE WITH PART II OF CHAPTER 4 OF THE PUBLIC SERVICE REGULATIONS, 2001

FOR MEMBERS OF THE SENIOR MANAGEMENT SERVICE

ENTERED INTO BY AND BETWEEN

The Northern Cape Economic Development, Trade and Investment Promotion

Agency (NCEDA), herein represented by ___________________________ in his

capacity as the Accounting Officer (herein after referred to as the Employer)

And

__________________________ as member of the Senior Management Service

in the capacity of Chief Economist (herein after referred to as the Employee)

50

NCEDA HUMAN RESOURCE POLICYWHEREBY IT IS AGREED AS FOLLOWS:

1. Appointment:

1.1The Employer hereby appoints the Employee, who agrees and accepts

appointment as member of SMS in terms of Section 9 of the Public

Service Act, 1994(hereinafter referred to as the Act) for a period of 1

year (twelve calendar months) commencing on the

_____________________ and terminating on the

____________________. The employee’s employment and conditions

of service shall be governed by the Act, the Public Service

Regulations, 2001 (hereinafter referred to as the Regulations) and any

other legal provisions applicable to the Employee.

1.2 In terms of this contract –

1.2.1 The Employee shall serve the Employer in the

________________________, NCEDA and at such place as

may from time to time be directed by the Employer or any other

officer duly authorized thereto in this respect;

1.2.2 The Employee will be responsible for the key performance

areas as set out in the Performance Agreement referred to in

clause 5 and shall comply with any statutory obligations

applicable to the position;

1.2.3 The employment of the Employee is subject to –

- a security clearance of secret

- a probationary period of 12 months; and

- the submission by the Employee of original certificates and

proof of South African Citizenship.

51


1.2.4 The Employee may be required to perform other duties or to

work at other places that may reasonably be required by the

Employer; and

1.2.5 Any matter arising, which is not specifically provided for herein,

shall be dealt with in accordance with the Act, the Regulations

and any other legal provisions applicable to the Employee.

2. Remuneration:

2.1The remuneration that the Employee shall receive as from the date of

assuming duty as stated in clause 1 above, is that specified in

Appendix A.

2.2The salary and benefits will be payable in 12 equal monthly

installments.

2.3The general conditions of service and benefits specified in Appendix A,

will be as stipulated and provided for in terms of the Act and the

Regulations. The parties to this Contract accept that the general

conditions of service and benefits in Appendix A may be changed from

time to time by means of determinations and directives by the Minister

of Public Service and Administration.

2.4When required to perform official duties away from his headquarters,

the Employee shall travel at the employer’s expense and shall be paid

a subsistence allowance in accordance with the prescribed provisions.

3. Termination of employment

3.1The term of office of the Employee may be terminated in the following

ways:

52

NCEDA HUMAN RESOURCE POLICY3.1.1 On completing a term of extended term of office.

3.1.2 Discharge in terms of Section 17 of the Act.

3.1.3 Death.

3.2The salary payable to the Employee as stated in Appendix A will be

non-pensionable.

3.3Subject to the provisions of the Act, the Labour Relations Act, 1995,

either party may, after consultation and agreement, terminate the

Contract before the expiry of an original term of office or an extended

term of office, by giving to the other party one month’s notice of

termination, which notice shall –

3.3.1 be given in writing; and

3.3.2 be given on or before the last day of a month and take effect on

the first day of the succeeding month.

3.4Should notice of termination be given as contemplated in clause 3.3,

the Employer has the right to require the Employee to vacate the office

occupied by him and to leave the premises of the NCEDA before the

expiry of the notice period on a day stipulated by the Employer and not

to present himself for duty any time thereafter.

3.5Should the Employer invoke the provisions of clause 3.4, the

Employee will still be entitled to all such benefits as contained in the

relevant prescripts.

3.6 In the case of inefficiency and misconduct, the Employer may deal with

him, in accordance with the relevant labour legislation and any

directive issued by the Minister.

53

NCEDA HUMAN RESOURCE POLICY4. Conduct:

4.1The Employee undertakes to the Employer that he-

4.1.1 Shall not, without the applicable consent and during his

employment or at any time thereafter, disclose any record, as

defined in section 1of the Promotion of Access to information

Act, 2000 (Act No. 2 of 2000), that must or may be refused upon

a request for access to a record of a public body in terms of the

Act is in force;

4.1.2 Shall not, during his employment or at any time thereafter, use

any record so defined and obtained as a result of his

employment, to the detriment of the State, except if it is used in

the exercise or protection of any right, or legitimate expectation,

conferred by law;

4.1.3 Shall-

- if so requested by the Employer during his employment or on

the termination of his employment, submit to the Employer

any record so defined and in the Employee’s possession as

a result of his employment; and

- not retain any copies of or extracts from such record, except

with consent of the Employer; and

4.1.4 he shall comply with the prescribed Code of Conduct.

4.2The Employee-

4.2.1 acknowledges that he has carefully considered the provisions of

the clause;

54


4.2.2 agrees that this clause is, after taking all relevant circumstances

into account, reasonable and necessary for the proper

protection of the interests of the Employer and the Government

of the Republic of South Africa and that if he should at any time

dispute the reasonableness of this clause, then the onus of

proving such unreasonableness of this clause, then the onus of

proving such unreasonableness will be upon him; and

4.2.3 acknowledges that he entered into this Contract freely and

voluntarily and that no circumstances exist and/or existed for

him alleging either now or at any future time that he was at a

disadvantage in agreeing to the restraints set out in this clause

or was other than in an equal bargaining position with the

Employer in agreeing to such restraints.

5. Additional terms and Conditions

5.1The Employee shall enter into an annual performance agreement with

the Employer linked to a specific financial year, which shall at least

include the following:

5.1.1 Salary increases will be based on the performance of the

Employee. Performance will be assessed in accordance with his

responsibilities and key performance areas contained in his

performance agreement and the extend to which the Employee

complied therewith, as well as any directives which the Minister

for the Public Service and Administration may issue. Salary

increases for the Employee will be based on individual

consultation. The Employee along with the Employer have the

responsibility to consult annually regarding his salary increase

and cash bonus within the restrictions of the budget based on

55

NCEDA HUMAN RESOURCE POLICYthe performance of the Employee. The salary increase and cash

bonus of the Employee shall be based on the determinations,

directives and guidelines issued by the Minister for the Public

Service and Administration.

5.1.2 An annual performance agreement provided for in terms of

clause 5.1 linked to a specific financial year, stating clear

performance areas/ criteria/ deliverables of the NCEDA and the

Employee must be entered into for the duration of this contract.

As performance agreements are linked to financial years, it

should be entered at the latest on 30 April every year. The

employee should enter into his first performance agreement not

later than three months after assumption of duty.

5.1.3 The performance agreement shall be revised if, at any time

during the period, the work or environment is so altered that the

contents are no longer appropriate.

5.1.4 This contract is directly linked to the performance agreement

referred to in clause 5.1. In the event that the employee does

not perform satisfactorily in relation to the requirements of his

performance agreement, the Employee acknowledges that the

Employer may deal with him, in accordance with the procedure

contained in the relevant labour legislation and any other

directive issued by the Minister.

5.2Any other particular duties

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

___________________________________________________________

56


6. General

6.1Good faith

In the implementation of this contract, the parties undertake to observe the

utmost good faith and they warrant in their dealing with each other that they will

neither do anything nor refrain from doing anything that might prejudice or detract

from the rights, assets or interests of each other.

6.2Applicability of the Act

Any matters arising from this contract, which is not specifically provided for

herein, shall be dealt with in accordance with the provisions of the Act, as

amended, the aforesaid Regulations and other relevant legislation.

6.3 Interpretation of the Agreement

The interpretation of this Contract shall be governed by laws and legal principles

applicable in the Republic of South Africa.

6.4Jurisdiction of Courts

6.4.1 The Employee submits to the jurisdiction of the Courts of the

Republic of South Africa in the event of any legal proceedings

arising from this Contract.

6.4.2 It shall not be a breach of the Contract if a party to this Contract

is prevented from or hindered in the performance or observance

57

NCEDA HUMAN RESOURCE POLICYof its obligations hereunder by any Act of Parliament or other

action of State or by any cause or event outside the control of

that party.

6.5Variation

6.5.1 The Contract constitutes the whole of the agreement between

the parties to this Contract relating to the subject matter of this

contract, and save as otherwise provided, no amendment,

alteration, addition or variation of any right, term or condition of

this Contract will be of any force or effect unless reduced to

writing and signed by the parties to this Contract.

6.5.2 The parties agree that there are no other conditions, warranties

or representations, whether oral or written and whether

expressed or implied or otherwise, save those contained in this

Contract, the Act, the Regulations and other relevant legislation.

6.6Waiver

No waiver of any of the terms and conditions of this Contract will be binding for

any purpose unless expressed in writing and signed by the party giving the

same, and any such waiver will be effective only in the specific instance and for

the purpose given. No failure or delay on the part of either party in exercising any

right, power or privilege precludes any other or further exercise thereof or the

exercise of any other right, power or privilege.

7. Notice and Domicilium

7.1The parties choose as their respective domicilium citandi et executandi

for the purpose of legal proceedings and for the purpose of giving or

58

NCEDA HUMAN RESOURCE POLICYsending any notice provided for of necessary in terms of this Contract,

the following addresses-

Employer:

Physical Address: Northern Cape Economic Development, Trade and

Investment Promotion Agency


Belgravia

Kimberley

8301

Postal Address: Northern Cape Economic Development, Trade and

Investment Promotion Agency


Belgravia

Kimberley

8301

Fax number: 053 – 833 1390

Employee:

Physical Address: ___________________________

___________________________

___________________________

___________________________

Postal Address: _____________________________

_____________________________

_____________________________

_____________________________

59


Telefax number: ______________________________

provided that a party reports any change of her or his domicillium to any other

physical address, postal address or telefax number by written notice to the other

party. Such change of address will be effective seven days after receipt of notice

of the change of domicillium.

7.2All notices to be given in terms of this \contract will –

7.2.1 be given in writing; and

7.2.2 be delivered or sent by prepaid registered post or by fax; and

7.2.3 if delivered, be presumed to have been received on the date of

delivery; or

7.2.4 if sent by prepaid registered post, be presumed to have been

received within three business days of posting unless the

contrary is proved; or

7.2.5 if sent by telefax, be presumed to have been received on the

first business day following the date of sending of the telefax

unless the contrary is proved.

SIGNED by the Employer at __________________ on the ____ day of

______________

__________________________

(NAME)

AS WITNESSES:

60

NCEDA HUMAN RESOURCE POLICY1. ______________________

2. ______________________

SIGNED by the Employee at __________________ on the ____ day of

______________

___________________________

AS WITNESSES:

1. ________________________

2. ________________________

Appendix A

TERMS AND CONDITIONS OF EMPLOYMENT

1. Position_________________________________

2. Remuneration

2.1The Employee shall be paid an inclusive flexible remuneration

package of R _____________ (amount in words) which shall

consist of the following:

2.1.1 A core salary consisting of R _________________

calculated as 60% of the inclusive flexible remuneration

package;

61

NCEDA HUMAN RESOURCE POLICY2.1.2 A flexible portion of R ______________ calculated as the

inclusive flexible remuneration package minus the core

salary and may be structured by the Employee in terms of

the rules contained in the SMS Handbook for the structuring

of the flexible portion.

3. Hours of Work

The Employee shall faithfully and diligently work a minimum of 8 hours per day

and follow the office hours of the NCEDA.

4. OtherOther Conditions of Service as specified in the SMS Handbook.

Policy ReviewThis policy shall be review annually to reflect the current stance.

Recommended by the Chief Executive Officer:

Signature:_________________ Date : _____________________Mr. R Warie

Approved by the Chairperson of the NCEDA Board:

62


Signature: __________________ Date: _____________________Mr. T Dikeni

63

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