The
federation’s law firm is Moupo, Motswagole and Dingake.
Members can use the firm for both private and professional
cases and are not required to pay for file opening fees. Membership
should however, write to the Secretary General about their
intention to use the law firm.
BOFESETE
Grievance Commission
Subcommittee
There
shall be a Permanent Commission to deal with Grievances
of members of the Federation
The
Grievance Board shall report to the National Executive Committee.
Composition
of Commission
- Office of the President of the Federation (Chair person)
- Office
of the Secretary General
- Office
of the Treasurer
- Women’s
League President
- Four
experienced ordinary teachers
- An
eminent administrator/retired or in service (non-voting)
- Project
Officer (Secretary of the commission) (non-voting)
- Any
whose expertise many be desired to help the Commission in
its work. (Such a member would not be entitled to vote)
Duties
of the Commission
I.
The Commission shall receive and consider complaints from
the members regarding professional treatment (unfair and
unjust treatment), progression, transfers, promotion, termination,
sexual harassment, discipline and any other issue that impacts
on their professional / worklife.
II.
The Commission shall, after considering all the available
evidence recommend appropriate action that the Federation
should take in relation to the case being brought before
it for consideration.
III.
The Commission shall advice the Federation on the assistance
to be rendered to the member, be it financial, administrative
or otherwise. The Commission may recommend that the Federation
should shoulder all, part or nothing of the legal costs
of the case depending on the merits and nature of the case.
IV.
The Commission shall establish wherether there is a valid
case of injustice/malpractice and if there is a valid case,
the Commission will take the further advice of the Federations
Attorney as to proceed with the case or not.
V.
In deciding on cases which the Federation assist up with
the judicial system, preference shall be given to those
cases that are based on principle that will benefit the
greatest number of members. Cases that are likely to set
a legal precedence will also enjoy favour with regard to
financial assistance.
Procedure and Guidelines for Grievance Commission.
1.
Any member of the Federation who believes that s/he has
been
unfairly dealt with is free to approach the grievance Commission
in the following manner:
Shall
provide detailed background information about themselves
including the following:
a)
Names, TSM No, Subject, Qualifications, Address, Age, Date
of Joining Service, BOFESETE no etc.
b)
Summary of the complaint, stating what the real issue is,
giving any relevant supporting background information.
c)
Any supporting documentation, names and contact details
of
any witnesses.
d)
Specific details of the incident where appropriate, giving
dates, times etc.
2. The
Secretariat of the Federation (Secretary General & Project
Officer) shall be mandated to screen, compile and prepare
cases for the Grievance Board’s consideration.
Financial Considerations.
i)
The Federation requires aggrieved teachers to contribute
financially to the legal expenses. This is in consideration
of the fact that the monthly contribution of P15.00 is insufficient
to cater for legal expenses and there is a need to limit
unnecessary litigation.
ii)
The Federation will require complainants to contribute financially
in the following ways:
a)
100% contribution for matters that are entirely private
and are not in any way related to professional matters.
Members will however still enjoy the free file opening facility.
b)
60% Contribution by a member for professional related matters,
but that are still of a personal nature.
c)
0% Contribution for matters that are going to be test cases
or precedent setting cases.
iii)
Members will be required to pay P500.00 upfront for cases
that are being taken up with the Federation lawyers.
iv)
Members will then be required to sign a pledge for deductions
from salary for legal expenses due from the member.
Members after presenting all relevant information will be
informed in writing by the Commission about its decision
on the case. A member may be informed that the issue is
not being supported by the Federation and hence, and it
can only be taken up entirely at the expense of the member
i.e. 0% assistance save for the free file opening.
If the Commission decides to take up a grievance further
with the lawyers, then the following will prevail:
i)
The complainant will be informed that the case will be taken
up.
ii)
The Federation will pay the appropriate percentage of the
legal expenses together with the free file opening.
iii)
The member is then asked to pay P500.00 and sign an authorisation
form for deduction of balance of legal costs from salary.
iv)
The case will then be handed over to the lawyer who will
then advice on the next course of action. The issue will
now be in the hands of the attorney.
Meetings
i)
Meetings shall be held once every term with provision for
adhoc meetings should need arise.
ii)
60% (5) of voting members will form a quorum.
