Employment practice: appeal process

Refer to page 10 (point 6) of the UJ Performance Management Policy: 

6.  Appeal and Dispute Resolution Mechanism

“6.1.

Where a disagreement arises during any stage of the PM process, the aggrieved party can lodge an appeal within seven (7) working days of receiving the final rating awarded after the consistency meeting by following the normal grievance procedure and by following the specific guidelines below:

a) Employees have the right to appeal their final performance rating.

b) The burden of proof is with the employee to provide evidence of performance.

c) The first level of appeal is to the direct line manager:

i) Attempt to resolve the issue with the Manager through discussion.
ii) If agreement is reached, both parties sign performance assessment form.
iii) Should the matter not be resolved within four (4) days of the discussion, the aggrieved party will write a letter of appeal and submit it to the next level line manager within seven (7) working days from the date of the disagreement. The letter must set out the nature and details of the disagreement and the proposed terms of the settlement.
iv) Appeals for employees on Peromnes 8 to 17, including assistant lecturer and lecturer is finalised at the level of the Executive Director / Executive Dean / Registrar of the environment, unless the employee reports directly to the mentioned Executive.

d) The Executive Dean / Executive Director / Registrar must convene a meeting with the employee and Manager within five (5) working days or on a mutually agreed period after the notice of disagreement has been submitted. The assistance of the Human Capital Management (HCM) Business Partner may be called upon to facilitate the meeting.

e) Appeals for employees on Peromnes 5 to 7; Senior Lecturer; Associate Professor; Professor are finalised at the level of the Deputy Vice-Chancellor (DVC) unless the employee reports directly to the DVC, in which event the Vice-Chancellor & Principal (VC) will be the final level.

f) The decision at the last level of appeal is final.

6.2.

Appeals submitted after the seven (7) working days of receiving the final rating will be considered on merit and at the discretion of the HCM Division.”

Refer to page 8 (point 7.3) of the UJ Job Evaluation Policy:

7.3  Review and Appeals Process

“7.3.1

Requests for reviews shall be considered only based on procedural or technical irregularities and must be submitted to the Executive Director: HCM within ten (10) working days of receipt of the letter advising the incumbent and the line manager of the result of the evaluation.

7.3.2 

If there are legitimate grounds for a review, the Job Evaluation Officer will convene a Review Panel to undertake the review.”

Refer to pages 10 and 11 (point 6) of the UJ Conditions of Service: Disciplinary Procedure and Disciplinary Code Guideline:

6.  Appeal Procedure

“6.1

An employee may apply in writing to the Vice-Chancellor and Principal for leave to record an appeal after receiving the official verdict and/or sanction within three (3) working days of the sanction being communicated. Should an employee not exercise his or her right as contemplated in paragraph 6.1 and the sanction is termination of employment services, the termination date will only come into effect after the three (3) day period has lapsed and as per the notice of termination received in writing.

6.2

The substantive and procedural grounds for leave to record an appeal must be clearly defined in the application.

6.3

The Vice-Chancellor and Principal or his delegated authority grants or rejects such application within seven (7) working days after receiving the application as prescribed above.

6.4

If the application is rejected and the sanction is that of termination of services, the date of termination will be as per the final outcome communicated in writing to the employee. The employee may thereafter refer the matter to the CCMA for adjudication or any other relevant statutory body as prescribed by the related legislation.

6.5

If the application is granted, an appeal panel (which may consist of one (1) person) will be appointed to evaluate the grounds as per the scope determined by the Vice-Chancellor and Principal or his delegated authority in the ruling on the application for leave to appeal. The appeal panel may uphold, reject or amend the verdict and/or sanction. The final outcome will be communicated to the employee via the office of the Vice-Chancellor and Principal or his delegated authority. This decision will be final as officially communicated and the employee may thereafter refer the matter as prescribed in paragraph 6.4.”

Refer to pages 9 and 10 (point 7) of the UJ Conditions of Service: Disciplinary Procedure and Disciplinary Code Guideline:

7.  Review Procedure

“7.1

An employee may apply in writing to the Vice-Chancellor and Principal for a leave to record a review after receiving the Chairperson’s recommendation for sanction within five (5) working days of the report being communicated. Should an employee not exercise their right as contemplated in paragraph 7.1 and the sanction is the termination of employment services, the termination date will only come into effect after the five (5) day period has lapsed and as per the notice of termination received in writing.

7.2

The substantive and procedural grounds for leave to record a review must be clearly defined in the application.

7.3

The Vice-Chancellor and Principal grants or rejects such application within seven (7) working days after receiving the application as prescribed above.

7.4

Suppose the application is rejected, and the sanction is the termination of services. In that case, the termination date will be as per the outcome communicated in writing to the employee. The employee may, after that, refer the matter to the CCMA for adjudication or any other relevant statutory body as prescribed by the related legislation.

7.5

If the application is granted, a review panel (consisting of one (1) person) is appointed to evaluate the grounds per the scope determined by the Vice-Chancellor and Principal in the ruling on the application for a review. The review panel may uphold, reject or amend the verdict and/or sanction. The outcome will be communicated to the employee and line manager via the Director: Employment Relations and Employee Wellness or their delegated authority. This decision will be final as officially communicated. The employee may, after that, refer the matter to the CCMA within thirty (30) days.”