TECHNIKON PRETORIA

EMPLOYMENT EQUITY PLAN

	

1.	PREAMBLE	4

2.	HISTORICAL DEVELOPMENT OF THE PLAN	5

3.	DEFINITIONS	6
3.1	UNFAIR DISCRIMINATION	6

4.	RESPONSIBILITIES	6
4.1	LINE MANAGERS	6
4.2	EMPLOYMENT EQUITY OFFICE	7
4.3	EMPLOYMENT EQUITY AND DEVELOPMENT COMMITTEE	7

5.	SUPPORT STRUCTURES	7
5.1	RESOURCES	7
5.2	DISCIPLINARY ACTION	8
5.3	POLICY FORMULATION AND ACTION PLANS	8

6.	AFFIRMATIVE ACTION	8
6.1	INTRODUCTION	8
6.2	REPRESENTIVITY GOALS	9
6.3	BARRIERS OBSTRUCTING  AFFIRMATIVE ACTION AND ACTIONS TO ELIMINATE THEM	11
6.3.1	Recruitment	11
6.3.2	Selection	11
6.3.3	Coaching/mentoring	12
6.3.4	Staff Development	12
6.3.5	Lecturer in training programme	12
6.3.6	Voluntary early retirement	13

7.	POLICIES	13
7.1	POLICY ON AFFIRMATIVE ACTION	13
7.1.1	Definition	13
7.1.2	Rules	13
7.2	POLICY ON RACIAL DISCRIMINATION	14
7.2.1	Background	14
7.2.2	Definition	14
7.2.3	Rules	14
7.3	POLICY ON GENDER DISCRIMINATION	15
7.3.1	Background	15
7.3.2	Rules 	16
7.4	POLICY ON STAFF WITH DISABILITIES	16
7.4.1	Background	16
7.4.2	Definitions	17
7.5	POLICY ON CULTURAL AND RELIGIOUS DISCRIMINATION	17
7.5.1	Background	17
7.5.2	Definition	18
7.5.3	Rules	18
7.6	POLICY OF HIV/AIDS	18
7.6.1	Background	18
7.6.2	Rules	19

7.	POLICY ON LANGUAGE	20

8.	ACKNOWLEDGEMENTS	20

9. 	ANNEXURES	21
A	BACKGROUND ON STAFF RETENTION	21
B	STRATEGIES TO ADDRESS THE BARRIERS TO THE RETENTION OF STAFF	22
C	POLICY ON SEXUAL HARASSMENT  	25

Table 1.1: Goals in respect of race (% within a category)	10
Table 1.2: Goals in respect of gender (% within a category)	10

1.	PREAMBLE

The Technikon Pretoria is committed to providing staff with the opportunity to pursue excellence and satisfaction in their academic and occupational endeavours.  The Technikon fully commits itself to promoting all fundamental rights and freedoms of every staff member, as required by the Constitution and the Employment Equity Act.  The rights to equality, human dignity, religion, language and cultural choices, as well as fair labour practices, are crucial aspects of the policy supporting the promotion of equality and elimination of unfair discrimination.  The Technikon commits itself to making fair and reasonable allocation within the budget to promote equity, diversity and eliminate unfair discrimination.

The Technikon fully commits itself to protecting all members of staff from unfair discrimination, and undertakes to promote equal opportunity for staff by taking steps to eliminate unfair discrimination in any policy, procedure, practice or facility relating to staff.  No member of staff may unfairly discriminate against anyone, directly or indirectly.

The Technikon commits itself to establishing equity through the maintenance of the principle of equality and through affirmative action aimed at equalising opportunities and outcomes.  More specifically, the Technikon also commits itself to the following objectives of the Employment Equity Plan, namely to:

(a)	promote the constitutional right to equality;

(b)	give effect to all labour legislation and the Higher Education Act;

(c)	give effect to the Mission, Vision and Strategic Plan of the Technikon;

(d)	promote employee participation through the involvement of employees and their trade union representatives in the development and monitoring of the Employment Equity Plan;

(e)	eliminate any unfair discrimination in employment policies, practices and procedures;

(f)	ensure implementation of affirmative action measures to redress the effect of past discrimination on designated groups and provide for equitable representation;

(g)	promote diversity and respect for all cultural groups within a supportive environment;  and

(h)	provide opportunity for the full realisation of the potential of staff on campus.

1.	HISTORICAL DEVELOPMENT OF THE PLAN
		
Technikon Pretoria took it’s first step towards becoming a institution that values equity and diversity in 1994, when the Council approved the Council Policy to Promote Equity and Excellence Amongst Technikon Pretoria Personnel document.  The transformation of the staff profile coupled with the focus on excellence, became a key strategic goal for senior managers at the Technikon.  
In 1998, the Directorate of Strategic Information and Planning was given the task of establishing a starting point for the setting of targets.  The challenges faced by the Technikon were not so dissimilar to those faced by other higher education institutions in the broader spectrum.  While the government’s ideal was that the staff profile targets should be demographically representative, the challenge facing higher education institutions was that the available ‘pool’ of qualified professionals was limited.  This factor was directly related to the legacy of Apartheid.

During the period 1996-1998, the process of setting the targets, the focus was on what was available in the market that we could recruit from.  The following two criteria were used to make estimations, i.e. the tertiary qualifications of potential candidates and the demographics of the region.  The basis for these questions was the latest population census that was at our disposal.  Other factors such as natural attrition within the Technikon and the creation of new positions, also had an influence on the setting of our targets.  In 1998, the Employment Equity Act was promulgated.

In 2000, the Employment Equity Plan of the Technikon was approved by Council as a policy document.  The first report was submitted to the Department of Labour on 1 June 2000, in compliance with the Act.  In further compliance with the Act, other structures were put in place within the Technikon, in order to promote the implementation of the Plan and the achievement of employment equity targets.  The Employment Equity Committee became the representative body whose purpose was to promote as well as assist with the implementation of the Plan.  The achievement of employment equity targets became part of each senior manager’s strategic objectives.

CHET took the initiative regarding the implementation and promotion of best practice within the higher education sector.  The matters regarding occupational categories and part time employment were flagged to the Department of Labour.   During that time, certain problems were encountered within the higher education sector regarding the aligning of itself with the Department of Labour’s prescribed Occupational Categories.  As an alternative to the occupational categories, the SAPSE categories were used in the setting of the targets, as well as in the statutory reporting structures. 

Progress regarding the implementation was slow, particularly within the professional category, because of the availability of adequately trained academics as well as their retention within the Technikon.  Further initiatives were put in place to speed up the implementation of the Plan.  These included the policy on staff retention at Technikon Pretoria and the cadet appointment scheme.

Recent developments made towards the achievement of targets and the implementation of the Plan include the following:  an electronic target setting model that serves as a management tool, the aligning to the requirements of the Act, regarding occupational categories, cultural awareness courses for staff members and the restructuring of the Employment Equity Committee to the Employment Equity and Development Committee.  The latter development was necessitated by the restructuring of our executive management body, i.e. the Executive Management Committee.	

1.	DEFINITIONS
1.	

3.1	UNFAIR DISCRIMINATION 

Unfair discrimination will mean: any distinction, exclusion, restriction or preference based on race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, Human Immunodeficiency Virus (HIV) status and birth or any other reason which is unreasonable or unjustifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.  Harassment of an employee is a form of unfair discrimination.

It is not unfair discrimination to:

(a)	take affirmative action measures consistent with the purpose of the Employment Equity Act;

(b)	distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.

1.	RESPONSIBILITIES

4.1	LINE MANAGERS 
	
All line managers are directly responsible for the promotion of employment equity in respect of their staff as set out in the Employment Equity Plan of the Technikon.  Line managers are also responsible for the implementation and execution of the Employment Equity Plan.

The Technikon will include the promotion of employment equity in it’s institutional strategic objectives, and will reward line managers and their staff for the achievement of equity objectives through the performance-based remuneration system.

Furthermore, line managers will be responsible to:

(a)	create a positive climate among their staff for the importance of promoting employment equity;

(b)	develop specific employment equity plans for their staff in accordance with the institutional plan;

(c)	monitor the progress made with the execution of these specific employment equity plans, and implement corrective steps where progress is insufficient;

(d)	educate their staff concerning the meaning and application of employment equity policies and practices, and regularly communicate with their staff on such issues; 

(e)	execute policies, practices and procedures impacting negatively on the employment equity policies of the Technikon, and make proposals to the Executive Management Committee to rectify this.

4.2	EMPLOYMENT EQUITY OFFICE 

The Employment Equity Office, as assisted by the Directorate of Human Resources, has the responsibility to advise the Executive Management Committee and line managers on policy, implementation and execution of the Employment Equity Plan.  The Employment Equity Office has the specific responsibility to monitor the progress made with the execution of the Employment Equity Plan and to regularly report on this to the Executive Management Committee.  Advice on amendments to the Employment Equity Plan should also be given to the Executive Management Committee.

4.3	EMPLOYMENT EQUITY AND DEVELOPMENT COMMITTEE 

The Employment Equity and Development Committee will monitor the implementation of the Employment Equity Plan and make recommendations to the Executive Management Committee in this regard.  The composition of the Committee and its terms of reference are defined by the Executive Management Committee.

1.	SUPPORT STRUCTURES

5.1	RESOURCES 

Action plans aimed at promoting employment equity will be funded by each department from funds specifically earmarked for this purpose.  Council will also provide additional funds annually for the launching of special programmes to promote employment equity. Additional funds will also be raised from external sources to support the broad objectives of the employment equity policy.

5.2	DISCIPLINARY ACTION 

All disciplinary structures and enquiry processes applicable to staff will be implemented in alleged cases of breach of policy in a sensitive and firm manner, according to the Disciplinary Code of the Technikon.  Unfair discrimination may be considered as a serious offence and detrimental to the grievant as well as the status of the Technikon.

Members of staff found guilty of unfair discrimination on or off campus, where such behaviour impacts negatively on the Technikon, may be dismissed.

5.3	POLICY FORMULATION AND ACTION PLANS 

In order to promote employment equity, the Technikon has developed key policies on critical equity issues.  These policies deal with issues such as affirmative action, race, gender, language, disability, HIV/AIDS, culture and religion, and sexual harassment.  These specific policies all serve to promote employment equity and to eliminate unfair discrimination.  The said policies are dealt with in sections 9 to 16, and various action plans to achieve the policy objectives are also described.

The Technikon has also developed suitable dispute resolution procedures to deal with employment equity matters. These procedures form part of the general dispute resolution procedures.

1.	AFFIRMATIVE ACTION

6.1	INTRODUCTION 

Affirmative action is seen as a strategic intervention with the goal of promoting equity and the development of diversity within the Technikon.  Such intervention aims at enhancing the opportunities and quality of life of members of previously disadvantaged groups of society.  Affirmative action is a set of extraordinary interim measures designed to redress the imbalances of the past, and to ensure equality of opportunity and diversity at the Technikon.  These measures will be applied to achieve a composition of staff at the Technikon representing the demographic composition of a comparable section of the national work force. The Technikon is committed to prepare people from designated groups to become equal competitors for every vacant position in the Technikon.

Diversity in this context refers broadly to the variation in culture, race, physical ability, gender, language, values, beliefs, needs and interests.  Diversity is considered to be a strength necessary for transformation, creativity and renewal.  Thus, promoting equity and diversity will ensure that the Technikon will improve its capacity to be of value to society. The Technikon is confident that it will best serve the community by adopting equity and diversity operational beacons. 

6.2	REPRESENTIVITY GOALS 

The Employment Equity Act requires that numerical goals be defined to achieve equitable representation of people from designated groups, as well as the timetable within which this is to be achieved.  The Code of Good Practice issued by the Department of Labour stipulates that the plan should be for a period that will allow the employer to make reasonable progress towards achieving employment equity.  The Act specifies that this period to make reasonable progress should not be longer than five years.

In formulating the numerical goals, the Code of Good Practice suggests that the following factors be taken into account:

(a)	The degree of under-representation of designated groups in each occupational category and level in the Technikon workforce.

(b)	The present and planned vacancies.

(c)	The provincial and national economically active population.

(d)	The pool of suitably qualified persons from designated groups, from which the Technikon may be reasonably expected to draw for recruitment purposes.

(e)	Present and anticipated economic and financial factors relevant to higher education.

(f)	Economic and financial circumstances of the Technikon.

(g)	The anticipated growth or reduction of the Technikon work force during the time period to reach the equity goals.
(h)	The expected turnover of employees in the Technikon work force during the time period to reach the equity goals.

(i)	Labour turnover trends and underlying reasons, specifically for the designated groups.

The Technikon has formulated its numerical goals (the so-called regional profiles)  by taking the above into account, and more specifically the:

•	Composition of the economically active population in the Gauteng, Mpumalanga and Northern Provinces, as most staff are recruited from these Provinces.

•	Composition of the economically active population within the scientific and technological disciplines and expertise.

•	Workforce situation within higher education in Gauteng and the surrounding provinces.

•	Information obtained from the 1996 Census data base.

The two tables below define the progress to be made over a period of seven years in reaching the regional profiles as regards designated groups at the Technikon. African, Coloured and Indian staff as a group is regarded as a designated group, whereas women are also regarded as a separate designated group. The goals for the year 2004 have been researched and collaboratively set by the eight faculties, the four (at that time), satellite campuses and three of the Deputy Vice-Chancellors.

Table 1.1: Goals in respect of race (% within a category) 

Category	Percentage African, Coloured and Indian Staff	
	1999	2000	2001	2002	2003	2004	2005	2006	
Exec/admin/managerial professionals	9	11	14	17	20	23	31	38	
Lecturers/ researchers	5	9	13	17	21	25	29	34	
Non-professional admin employees	26	30	33	37	40	44	44	44	
Technical employees, crafts/ trades	10	17	24	31	38	38	38	38	
Service employees	96	97	97	97	97	97	97	97	
	Regional profiles	

Table 1.2: Goals in respect of gender (% within a category) 

Category	Percentage Female Staff	
	1999	2000	2001	2002	2003	2004	2005	2006	
Exec/admin/managerial professionals	42	43	44	45	46	47	48	48	
Lecturers/ researchers	39	40	41	42	43	44	45	46	
Non-professional admin employees	70	71	72	73	74	74	74	74	
Technical employees, crafts/ trades	15	16	17	18	19	21	28	35	
Service employees	34	36	38	40	42	45	55	64	

6.3	BARRIERS OBSTRUCTING  AFFIRMATIVE ACTION AND ACTIONS TO ELIMINATE THEM 

The Technikon has conducted a survey to identify barriers which might have an influence the progress made with the implementation of Affirmative Action.  Actions to eliminate these barriers have also been identified.

6.3.1	Recruitment 

Departments will adopt an open and deliberate strategy to recruit quality staff and meet the requirements of the Employment Equity Plan.  This will entail a strong emphasis on the pre-interview process, necessitating a creative recruitment campaign.  This recruitment will take place for vacant positions at all levels of the organisation.

Heads of Departments must first of all identify the Affirmative Action needs relating to the position to be filled.

The relevant qualification, skills and competencies for each position will be agreed on between the department recruiting and the Directorate of Human Resources.  These will be included in the advertisement and will serve as the primary criteria for short-listing and interviewing candidates. 

The Technikon will advertise all permanent and contract positions internally (internal circulars and electronic media), and in the external media which must be targeted to reach the appropriate applicant base.

In addition to advertising, Heads of Department will, if necessary, be assisted by the Directorate of Human Resources  to search for applicants (“head-hunting”) who will fulfil the requirements so as to achieve a more diverse and representative staff. Such applicants will, however, not be given preferential consideration simply because they have been encouraged to apply.  

Heads of Department will then be responsible for compiling short-list of applicants meeting the requirements of the position. The shortlist must also include members from the designated groups having the basic ability to do the job, but not fully meeting all the criteria, if these applicants have the potential to comply with all the requirements of the position within a reasonable time. 

The Directorate of Human Resources will ensure that the recruitment campaign has been sufficiently creative, failing which a new recruitment campaign will be launched to ensure that each shortlist has a diverse pool of candidates before interviews are called.

6.3.2	Selection 

All appointment committees will be arranged by the Directorate of Human Resources, in consultation with the relative Head of Department.  The composition of the committees must be diverse and include key stakeholders.  Training must be provided to each appointments committee member on the Employment Equity Act and the Employment Equity Plan.

Every appointment must take into account the relevant Employment Equity Plan.  In the event of more than one interviewee successfully meeting the primary criteria in respect of the advertised requirements of the position, preference in appointment will be given to the interviewee who contributes most in respect of diversity and meets the needs identified in the Employment Equity Plan.

In cases where an applicant has the basic ability to do the job, but does not fully meet all the criteria, yet has the potential to comply with all the requirements of the position within a reasonable time, appointment committees must give preference to such appointment if it will promote the achievement of the goals of the Employment Equity Plan.

6.3.3	Coaching/mentoring 

Coaches/ mentors will be appointed by the relevant Head of Department to provide appointees with the information, guidance and support they need to contribute optimally to the strategic objectives of the Technikon.  The Head of Department will monitor progress and be responsible for the process of coaching/ mentoring.

The coach/mentor will be someone who is responsible, has empathy and sufficient authority, and is familiar with the job content and environment within which the new employee will work.

Coaching/mentoring is a process that requires a committed and supportive relationship between the coach/ mentor and the new employee, and that empowers the latter to become integrated through improved performance.  The contact between the coach/ mentor and the new employee is frequent and informal.  The coaching/mentoring relationships will cease when the appointment is confirmed.  The Bureau for Staff Development will provide training for all mentors.

6.3.4	Staff Development 

Heads of Department are responsible for staff development programmes that comply with the spirit of the Policy.  Heads of Department will counsel staff and promising students from designated groups in order to  identify and develop their academic potential.

All new employees will be required to attend appropriate orientation and in-service training programmes.

6.3.5	Lecturer in training programme 

“High potential” students are identified from the first year and upwards, as potential trainee lecturers in order to fulfil future needs for qualified lecturers from designated groups.

6.3.6	Voluntary early retirement 

In order to achieve targets, the possibility of voluntary early retirement will also be considered.

7.	POLICIES

7.1	POLICY ON AFFIRMATIVE ACTION 

It is the policy of Technikon Pretoria to apply affirmative action measures in order to ensure that suitably qualified staff from designated groups have equal opportunities to be appointed.

7.1.1	Definition 

Based on the stipulations of the Employment Equity Act, 1998 (Act No.55 of 1998), the term, ‘affirmative action’, as used in this document, means -

•	identification and elimination of barriers with an adverse impact on designated groups;
•	measures that promote diversity;
•	the reasonable accommodation of people from designated groups;
•	the retention, development and training of designated groups (including skills development);
•	preferential treatment and numerical goals to ensure equitable representation, excluding quotas.
•	

7.1.2	Rules 

(a)	Within the framework of its Mission, Vision and Strategic Plan, the Technikon shall strive to increase the representivity and diversity of its staff, as envisaged overall in section 7 of this document.

(b)	The Technikon shall identify and remove any barriers (where possible), as well as all policies, procedures or practices that inhibit opportunity and the realisation of potential through unfair discrimination.

(c)	The Technikon shall continually review the diversity of its staff, shall devise and implement strategies to ensure that progress in respect of equity and diversity is maintained, shall continue to contribute to transformation, creativity and renewal.

(d)	All appointments shall be made with this policy in view, so that all new staff will have equal opportunities to contribute optimally to the strategic objectives of the Technikon.

7.2	POLICY ON RACIAL DISCRIMINATION 

It is the policy of Technikon Pretoria to prevent and protect its staff from being unfairly discriminated against on the basis of race, and to promote racial equality on campus through education.	

7.2.1	Background 

The Technikon is committed to the eradication of all forms of racial discrimination on and off campus.

Every member of staff  is entitled to enjoy the fundamental right to racial equality, and nobody should behave in a manner that constitutes unfair racial discrimination.  Such behaviour will constitute a breach of the rights of the persons who are the target of such discrimination.  Furthermore, such behaviour will be considered as bringing the Technikon into disrepute.

7.2.2	Definition 
	
For the purposes of this policy -

	“racial discrimination”, in general,  means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercising, on an equal footing, of human rights and fundamental freedom of expression  in the political, economic, social, cultural or any other field of public life; and

“unfair racial discrimination” means any of the following forms of discrimination:

•	Hate speech, including remarks and gestures that impair the human dignity of other persons.

•	Derogatory remarks concerning a persons race, ethnicity, colour or nationality.

•	Unfair accusation of racism.

•	Any distinction, exclusion, restriction or preference that on the surface appears neutral but in application unfairly discriminates against individuals or groups.
•	

7.2.3	Rules 

(a)	No member of staff will behave in a manner that constitutes unfair racial discrimination.

(b)	All members of staff are expected to promote racial equality and tolerance in the workplace.

(c)	All orientation of staff will include education on fundamental rights, racial discrimination and this policy.

7.3	POLICY ON GENDER DISCRIMINATION 

It is the policy of Technikon Pretoria to protect staff unfairly discriminated against on the basis of gender, and to promote gender equality and diversity on campus through education.  It further aims at creating an enabling environment that specifically addresses the special needs of women and promotes advancement of all staff on campus free from gender bias.

7.3.1	Background 

Gender refers to the economic, social and cultural attributes and opportunities associated with being male or female. Relations between men and women in the family, the workplace or in the public sphere, reflect society’s understanding of what are the appropriate behaviour and characteristics of men and women. Gender refers to social and cultural rather than biographical aspects. Gender attributes differ from society, change with time, and are shaped by the economy, religion, culture and tradition.

Gender equality means the equal employment by men and women of socially valued goods, opportunities, resources, and rewards. Gender equality means that the rights and responsibilities will be more equally shared, and that both men and women will have more choices in the freedom to experience the full range of human alternatives. Gender equality does not mean that men and women are the same, but that opportunities and life chances will not depend on their sex. 

The Technikon is committed to the promotion of gender equality and diversity on campus and the eradication of all forms of direct or indirect unfair gender discrimination.  For the purposes of this policy, the term gender discrimination will be extended to include: any distinction, exclusion, restriction or preference based on sex, gender, pregnancy, family responsibility, sexual orientation or marital status which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in political, economic, social, cultural or any other field of public life.  It is recognised that both men and women may experience forms of gender discrimination, and that both men and women will benefit from the elimination of gender discrimination.

Every staff member is entitled to enjoy the fundamental right to gender equality and human dignity, and nobody should behave in a manner that constitutes gender discrimination.  Such behaviour will constitute a breach of the rights of the persons who are the target of such discrimination, and will be considered as bringing the Technikon into disrepute.

Unfair gender discrimination includes any overt act of gender discrimination that is not reasonable or justifiable, or any distinction, exclusion, restriction or preference that on the surface appears neutral but in application discriminates against individuals or groups.

The goals of equality and transformation as stated above are dependent on the active participation of women and the incorporation of women’s perspective at all levels of decision-making.

7.3.2	Rules  

(a)	No member of staff will behave in a manner that constitutes unfair gender discrimination.

(b)	All members of staff are expected to promote gender equality and diversity in the work place.

(c)	All orientation of staff will include education on fundamental rights, gender discrimination and this policy.

(d)	An enabling environment will be created to overcome the constraints impeding the career mobility of women.

(e)	The right of staff to their choice of sexual orientation must be respected

7.4	POLICY ON STAFF WITH DISABILITIES 

It is the policy of Technikon Pretoria to provide facilities conducive to the accommodation of staff with disabilities.  The Technikon further commits itself to promoting the advancement of persons with disabilities through the implementation of affirmative action measures in employment so that the campus may reflect the full diversity of the wider society.

7.4.1	Background 

The Technikon is committed to providing its staff with equal opportunities in their particular occupational and academic fields.  People with disabilities have the same right to reach their academic and occupational potential as those who are able-bodied.  However, various attitudinal, architectural, physical, economical and communication barriers often prevent or inhibit this potential.  The Technikon thus commits itself to addressing these barriers and making reasonable accommodation to enable all staff with disabilities to pursue their occupational and academic endeavours free from all forms of discrimination.

Reasonable accommodation means any modification or adjustment to the job or working environment which will enable a person from a designated group to have access to or participate or advance in employment and the cost of which is reasonable within terms of budgetary allocation.

People with disabilities means people who have a long-term or recurring physical or mental impairment which substantially limits their prospect of entry or advancement in employment, social life or academic achievement. 
The determination of disability will be on the basis of self-disclosure.  Staff may request that reasonable accommodation of their needs be made.  In certain circumstances the Technikon may request that an independent assessment of their disability status be made.

The Technikon respects the dignity and rights of all individuals and will not tolerate any form of unfair discrimination against people with disabilities.  Unfair discrimination includes all forms of verbal and physical abuse, exclusion from Technikon activities and all forms of architectural, physical and communication barriers.  Such unfair discrimination will be considered in a serious light and to be detrimental to the status of the Technikon.  Refer to the Policy on Students with disabilities (TPPOL33).

7.4.2	Definitions 

For the purposes of this policy the Technikon considers the following to fall under the definition of disability:

•	Visual impairments (e.g. partially sighted, low vision, blind).

•	Hearing impairments (e.g. partially deaf, deaf).

•	Physical impairments (e.g. amputation, paraplegia, cerebral palsy).

•	Learning impairments (e.g. dyslexia, attention deficit disorder).

•	Mental/ psychological impairments (e.g. psychiatric illness/ condition).

•	Others (e.g. chronic illness such as diabetes, HIV/AIDS).

7.5	POLICY ON CULTURAL AND RELIGIOUS DISCRIMINATION 

It is the policy of Technikon Pretoria to protect staff unfairly discriminated against on the basis of culture or religion, and to promote cultural or religious equality on campus through education.

7.5.1	Background 

The Technikon is committed to the eradication of all forms of cultural and religious discrimination on and off campus.  For the purposes of this policy, cultural and religious discrimination means any distinction, exclusion, restriction or preference based on culture or religion which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

Every member of staff  is entitled to enjoy the fundamental right to cultural and religious equality, and nobody should behave in a manner that constitutes unfair discrimination on the basis of culture or religion.  Such behaviour will constitute a breach of the rights of the persons who are the target of such discrimination.  Furthermore, such behaviour will be considered as bringing the Technikon into disrepute.

7.5.2	Definition 

Unfair cultural or religious discrimination may include any of the following forms of discrimination:

•	Hate speech including remarks and gestures that impair the human dignity of other persons.

•	Derogatory remarks concerning a person’s culture or religion.

•	Any distinction, exclusion, restriction or preference that on surface appears neutral but in fact unfairly discriminates against individuals or groups.
•	

7.5.3	Rules 

(a)	No member of staff will behave in a manner that constitutes unfair discrimination on the basis of culture or religion.

(b)	All members of staff are expected to promote cultural and religious equality and tolerance in the work place.

(c)	All orientation of staff will include education on fundamental rights, cultural and religious discrimination and this policy.

7.6	POLICY OF HIV/AIDS 

It is the policy of Technikon Pretoria to not allow discrimination against staff members who are, or are perceived to be, HIV positive or who have AIDS.  Similarly the Technikon will take the necessary relevant steps to assist staff members in minimising the risk of HIV infection and transmission.

7.6.1	Background 

The Technikon is committed to providing staff with an opportunity to pursue excellence and satisfaction in their academic and occupational endeavours and is fully committed to promoting the constitutional rights of every person on campus.  In this regard the Technikon will

When it is ascertained that a staff member poses a medically recognised significant health risk to others, the Technikon will take appropriate measures.  A medically recognised significant health risk in the context of HIV/AIDS could include the presence of untreatable contagious (highly communicable) diseases, uncontrollable bleeding, unmanageable wounds or illegal high risk sexual or inappropriate high risk aggressive behaviour.

Each staff member has a responsibility to minimise his/her risk of HIV infection or transmission of HIV by taking appropriate precautions.  Persons who know that they are HIV positive or who are concerned that they are infected with HIV infection or transmission of HIV by taking appropriate precautions.

Persons who know that they are HIV positive or who are concerned that they are infected with HIV or have AIDS, are urged to seek medical advice regarding their health status to ensure proper medical care and knowledge about the disease.  However, staff members with HIV/AIDS are expected to lead as full a professional life as possible with the same rights and opportunities as other staff members.

No staff member with HIV/AIDS or who is perceived to have HIV/AIDS may, for this reason, be denied employment, access to Technikon programmes, facilities, events, services, or any benefits provided to Technikon employees.
No staff member may be denied the right to teach or be promoted on account of his/her HIV/AIDS status or perceived status.  HIV/AIDS status may not be a reason for dismissal of a staff member nor for refusing to conclude, continue or renew an employment contract.  The symptoms and effects of AIDS may eventually be such that a staff member may be unable to continue with his/her normal duties.  Under these circumstances the staff member is required to seek medical advice and to request the Directorate of Human Resources to inform him/her of the procedures for sick leave entitlements.  An appropriate leave application and accompanying medical certificate should be submitted.  Where retirement due to ill health is appropriate, the Directorate of Human Resources should be consulted.

7.6.2	Rules 

(a)	No staff member with HIV/AIDS or who is perceived to have HIV/AIDS may be discriminated against.  Unfair discrimination will be considered a serious offence, a gross violation of fundamental rights, and as detrimental to the status of the Technikon.

(b)	Staff members with HIV/AIDS should be treated in a just, humane and life-affirming manner.

(c)	Any special measures in respect of a staff member with HIV/AIDS should be fair and justifiable in the light of objective medical reports and in terms of the conditions of service, and should be conducted in the best interest of the infected individual.
(d)	The Technikon will not conduct testing of staff members for HIV/AIDS as a prerequisite for employment or continued employment.

(e)	No staff member is compelled to disclose his/her HIV/AIDS status to the Technikon.  Voluntary disclosure of HIV/AIDS status should be welcomed.  In view of the increased risk of ill health, HIV/AIDS infected individuals should take responsibility for monitoring their own health and obtaining medical advice.

(f)	Any person to whom information about the medical condition of a staff member with HIV/AIDS has been divulged is legally required to keep this information confidential.  Disclosure to third parties may nevertheless be authorised by the written informed consent of the staff member.

(g)	Educational programmes regarding HIV/AIDS will, where possible, be made available to all members of staff.

7.	POLICY ON LANGUAGE

The Technikon is a bilingual institution where Afrikaans and English are spoken and where lectures are presented in Afrikaans and English. The Technikon is not a parallel-medium institution and the language medium for lectures is determined by the lecturer in consultation with his/her class group. In all cases key terms and concepts are also provided in the alternative language and the right of students to discussions, study material, tests and examinations in the lecturing language of their preference is recognised and supported.

8.	ACKNOWLEDGEMENTS

•	Department of Labour : Preparing an Employment Equity Plan (A user’s guide).

•	University of Cape Town : Employment Equity Plan.

•	University of Port Elizabeth : Employment Equity Plan.

•	Statistics South Africa.

•	CHET Workshops on Employment Equity.

•	Breakwater Monitor, Business School of the University of Cape Town. 

9. 	ANNEXURES

A	BACKGROUND ON STAFF RETENTION 

1.	INTRODUCTION

The retention of staff from the designated groups is an area of concern for the Technikon.  Many of the Faculty and Directorate’s reports, highlight strong external competition as a real challenge to retaining experienced and skilled black staff, skilled professionals and managers.
			
Retention is affected by the high potential mobility of well trained staff from designated groups, who are in short supply on the South African job market.

The shortage of black South African academics, and the intense competition for their services from other tertiary institutions and the private sector, mean that strategies have to be used to retain these employees once they have been employed by the Technikon Pretoria.

Bearing in mind the cost implications of recruiting, appointing and training new employees for specific departments, the Technikon should concentrate on the loss of competent black staff.

Effective employee retention begins with job descriptions, recruitment, selection and orientation.  

The following is a global view of some of the aspects which should be monitored:

1. Preselection 	Unrealistic expectations on what the Technikon can offer could have serious implications. Positioning the Technikon as a preferred employer requires that clarity be established about expectations at the interview.	
2.  Selection	Effective selection instruments must be used to predict success, retention and result, as well as the impact of the environment.	

3.  Adaption            and                    integration	Research shows that during the first two years there is a high turnover, hence, new incumbents must be helped to adapt to the culture and work related issues of the Technikon.	
4.  Settling               and                    building	After adaptation during  the first two years , employees are starting to settle and build careers. They now have value given the knowledge and skills acquired.  Organisational commitment becomes more important during this phase, strategies should be in place to ensure the retention of key talent.	

Research conducted by the University of the Witwatersrand in September 1999, to identify employment barriers which adversary affect people from the designated groups, identified the following issues as barriers to the retention of black academic staff and high-level black non-academic staff:

a)	Alienating organisational culture
a)	
b)	Remuneration
c) 	Inadequate training and development
d) 	Lack of an effective performance appraisal system
e) 	Lack of career development and career advancement

B	STRATEGIES TO ADDRESS THE BARRIERS TO THE RETENTION OF STAFF 

17.	REMUNERATION AND REWARDS

It is Technikon Pretoria’s policy to maintain a salary programme so that all, employees are compensated fairly and equitably, consistent with individuals assigned duties and responsibilities. We maintain internal equity by evaluating our jobs according to the Peromness evaluation scheme, which systematically recognises differences in job value.  We evaluate market data for our sector and set pay to attract and retain employees.  We reward each employee proportionately to the value of the employee’s contribution and our ability to pay.  Our  objectives are:

•	Pay employees based on the value of their assigned responsibilities, according to  our evaluation plan.
•	
•	Reward outstanding performance.
•	
•	Pay salaries that enable us to attract, motivate, and retain qualified individuals who can contribute to our goals.
•	
•	Support employees who wish and are able to assume greater responsibility by providing appropriate incentives.
•	
•	Provide non-monetary rewards e.g. PC’s, overseas trips, scholarships.

Counter-offers can be made when we are about to lose someone we want to retain.

2.	RECRUITMENT, SELECTION, APPOINTMENT

Procedures and policies should ensure that the capacities of individuals match the demands of the job they have to do.

More carefully structured programmes must be put in place to welcome and integrate new staff.

Increased efforts to ensure that newly appointed staff are suitably inducted into the Technikon’s environment and adequately prepared for the requirements of the particular job.

Probation periods must be properly managed and used as a period of planned development and training to achieve set objectives.

Induction programmes must be constantly reviewed and assessed to ensure relevance and appropriateness.

2.	TRAINING AND DEVELOPMENT

Employees should not feel it necessary to resign as a result of the lack of inappropriate training.

Training and development of all staff with managerial responsibilities, including directors, deans, and heads of departments, will be provided in an attempt to equip managers with the knowledge, attitude and skills necessary to manage a diverse workforce in accordance with the letter and spirit of the Technikon’s policy and strategic plan.

Training programmes must equip and develop existing Technikon staff and persons from designated groups in particular for future promotions to senior positions through structured learning plans.

Fast-track staff from designated groups through planned training and development programmes.

2.	PERFORMANCE APPRAISAL AND -MANAGEMENT

Employees must know what the performance standards are.  They should receive feedback on their own performance and perceive performance appraisals as fair.		

Job requirements must be clearly defined and will include responsibilities given to and outputs expected from employees.

Performance management:

•	Will set agreed objectives;
•	
•	Determine the efficiency of an employee;
•	
•	Identify areas where an employee might need further development or training;
•	
•	Will attempt to identify potential for promotion;
•	
•	Will reward consistently good and outstanding performance;
•	
•	Will identify and plan to remedy competency and performance short-comings.  Both the employee and the supervisor will be jointly responsible for the implementation of identified interventions.

5.	INSTITUTIONAL CULTURE

A vital component of retention as a business issue, is an institutional culture that is free of discrimination (including harassment), that nurtures everyone and that not only tolerates differences but values diversity for the richness it brings to the work of the Technikon and the experience of it’s staff and students.

Workshops on transformation and diversity management addressing amongst other issues, the issue of institutional culture and diversity in the Technikon Pretoria.

An adopted grievance procedure to deal with allegations of discrimination in accordance with the Act.		

The Sexual Harassment Policy must be reviewed to ensure that education and action around sexual harassment are constantly on the agenda.

Commitment and identification with the Technikon and desire to remain with it.  Line managers should explain the mission, values and strategies of the Technikon and obtain the views of the employees.

Where there is a lack of group cohesion, team-building programmes should be introduced.

Where there is dissatisfaction with management and supervision it must be addressed through training, and development and proper procedures for dealing with grievances and disciplinary problems.

All managers should be held accountable for employee turnover and the cost involved, therefore exit interviews should be an integral part of the whole process of employment.  The cost of employee turnover should be communicated to managers and these costs should be part of every department’s budget statements.

5.	OPPORTUNITIES FOR CAREER ADVANCEMENT

The Directorate of Human Resources should provide advice and guidance on career paths.

They should also introduce systematic procedures for identifying potential and develop more equitable promotion procedures.

Introduce structured succession planning, predict upcoming retirements as well as resignations and plan to develop designated employees for promotion.

7.	MARKETING AND BENEFITS

Highlight the benefits of academia as a work environment e.g. flexible working hours, research opportunities, grants, scholarships, further study opportunities and opportunities to travel overseas.

False expectations should not be created about varied and interesting work or career opportunities if they do not exist.

A balance between personal and work life can be maintained.

C	POLICY ON SEXUAL HARASSMENT   

1.	POLICY STATEMENT

It is the policy of Technikon Pretoria that all employees have the right to be treated with dignity.  Sexual harassment will not be permitted or condoned and employees have the right to complain about it should it occur.  As far as possible Technikon Pretoria will protect employees from repeated harassment by co-workers or non-employees in the working environment.

2.	DEFINITION OF SEXUAL HARASSMENT

Sexual harassment can be defined as “unwanted conduct of a sexual nature or undertone which may lead to criminal prosecution or dialectal liability, and any wrongful conduct in terms of which an individual’s right to a non-discriminatory working, living and study environment is threatened by inter alia”.

The unwanted nature of sexual harassment distinguishes itself from behaviour that is welcome and mutual and encompasses unwelcome physical, verbal and non-verbal conduct.

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

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

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

g)	Gestures and non-verbal forms of sexual harassment include unwelcome gestures, indecent exposure, and the unwelcome display of sexually explicit pictures and objects, including sexually explicit material obtained from the Internet and transmitted via the intranet.

3.	DEFINITIONS

3.1	UNFAIR DISCRIMINATION

3.1.1	Disciplinary action will be taken against anyone found guilty of sexually harassing a co-worker (whether full time or part time)or work associates such as students, job applicants, clients, suppliers and contractors.

3.1.2	Line management will ensure that all reports of sexual harassment are treated seriously and sympathetically, that investigations are carried out thoroughly and witnesses are not victimized in any way.

3.1.3	A non-employee who is a victim of sexual harassment (falling within the scope of Technikon business), may lodge a grievance with the Labour Relations Division or the Dean, Director, Head of Department of the harasser as to when and where the alleged harassment has taken place. 
 
3.1.4	All employees have a role to play in contributing towards creating and maintaining a working environment in which sexual harassment is unacceptable.  Employees should ensure that their of conduct does not cause offence and they should discourage unacceptable behaviour on the part of others.
	
3.1.5	Employees will be protected against victimization, retaliation for lodging grievances and from false accusations

3.1.6	The policy on sexual harassment should be communicated effectively to all employees.
 
3.1.7	All complaints must be investigated whether or not the complainant so desires (remember he or she is not the only person with rights in this situation).

3.1.8	A victim of sexual assault has the right to press separate criminal and/or civil charges against an alleged perpetrator, and the legal rights of the victim are in no way limited by this code.

3.1.9	Only appropriate members of management as well as the aggrieved person, representative, alleged perpetrator, witnesses and interpreter if required, must be present in the disciplinary enquiry.

3.1.10	Employees are required to disclose to either party or to their representatives, such information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of this code.	

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

Those involved in the handling of grievances about sexual harassment  must ensure that it is investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential.

3.	COMPLAINTS & PROCEDURES
			
Sexual harassment is a sensitive issue and a victim may feel unable to approach the perpetrator, lodge a formal grievance or turn to colleagues for support. 

5.1	ADVICE AND ASSISTANCE 

A Labour Relations Officer outside of line management whom victims may approach for confidential advice will be designated.  Such a person:

(a)	Could include persons employed by the company to perform inter alia such a function, a trade union representative or co-employee,

(b)	Should have the appropriate skills and experience or be properly trained and given adequate resources.
					
(c)	Would be required to have counselling and relevant labour relations skills and be able to provide support and advice on a confidential basis.

	The procedure to deal with sexual harassment facilitates the full reporting to the Labour Relations Division or any line manager.  Serious cases of sexual harassment such as physical or continuous verbal harassment, must be reported and dealt with through a formal procedure.

5.2	INVESTIGATIONS 

Special skills are required to do investigations of this nature, therefore initial investigations should be made by a designated officer, ombudsman or “mother hen” as stated in paragraph 5.1.  Statements should be obtained via personal interviews.  Care should be taken during any investigation of a complaint of sexual harassment  that the aggrieved person is not disadvantaged, and that the position of other parties is not prejudiced if the grievance is found to be unwarranted.
		
Where necessary a formal investigation should be initiated according to Technikon Pretoria’s Disciplinary Code and Procedures. The procedure as set out in the Disciplinary Code paragraph 10.3 shall be applicable. The objective other than those set out in aforementioned document is simply to determine what happened, resolve the situation, and bring any illegal conduct to an end, so that the workplace is once again free of any form of harassment.

5.3	DISCIPLINARY ACTION

Different options will be available to ensure the resolution of problems in a sensitive, efficient and effective way. Employees should be advised that there are two options to resolve a problem relating to sexual harassment.  Either an attempt can be made to resolve the problem in an informal way i.e the grievance procedure in less serious cases of harassment or the formal procedure must be embarked upon in incidents of a serious nature.

5.3.1	Informal procedure

It may be sufficient for the employee concerned to have an opportunity where she/he can explain to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends them or makes them uncomfortable, and that it interferes with their work.

a)	Should the informal approach not have a satisfactory outcome, or if the case is severe or the conduct continues, it may be more appropriate to embark upon a formal procedure.  Severe cases may include: sexual assault, rape, a strip search and quid pro quo harassment.

b)	Where cases were referred via the grievance procedures, all time frames as specified should be adhered to. Disciplinary action may be decided upon as an outcome of the grievance.

Should there be no resolution to the complainants satisfaction, formal procedures will be instituted which will necessitate that the complaint be submitted in writing to the Labour Relations Division.
	
5.3.2	Formal procedure

a)	In serious cases where a formal procedure is deemed necessary the harassment must be reported to  the line manager, or in circumstances where it is too difficult or embarrassing for an individual to do this on their own behalf, he or she should ask for support or for an initial approach to be made by the  Labour Relations division. 

b)	The investigating official or line manager may request a formal investigation or disciplinary hearing.
							c)	Disciplinary action must be handled according to Technikon Pretoria’s Disciplinary Code and Procedures.

		d)	Should a complaint of alleged sexual harassment not be satisfactorily resolved by the internal procedures set out above, either party may within 30 days of the dispute having arisen, refer the matter to the CCMA for conciliation in accordance with the provisions of section 135 of this Act.  Should the dispute remain unresolved, either party may refer the dispute to the Labour Court within 30 days of receipt of the certificate issued by the Commissioner in terms of section 135 (5).