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Legal Scheme

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

  1. There shall be a Permanent Commission to deal with Grievances of members of the Federation
  2. The Grievance Board shall report to the National Executive Committee.
  3. 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)
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

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