Flexible Working Arrangements

Flexible and remote working

UWC’s Flexi-time and Flexi-place Policy provides for flexible working hours and alternative workplace arrangements for eligible Professional, Administrative and Support Staff. The staff-disability instrument separately addresses disability-related accommodation.

Flexi-time and Flexi-place Policy

Council reference C2019-4. Implementation: 1 January 2020.

The policy applies to permanent and contract Professional, Administrative and Support Staff, subject to its exclusions, operational requirements and approval arrangements.

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1UNIVERSITYOFTHEWESTERNCAPEFLEXI-TIMEAND FLEXI-PLACE POLICYCouncilApprovalReferenceC2019-4ImplementationDate1January2020Revision/AmendmentNumberRevision/AmendmentDatePolicyOwnerHumanResourcesdepartmentExecutiveManagementApproval29May2019Circulatedby:HumanResourcesdepartmentCirculatedto:Deans, DepartmentalChairs/DirectorsinFaculties, Executive,HoD’s and staff. Alsosubmittedtounion,EMC,IF,HRCandCouncil.TableofContents:1.Preamble.......................................................................................................................................22.Purpose.........................................................................................................................................23.Scope............................................................................................................................................24.Definitions....................................................................................................................................35.NormalworkinghoursforUWCprofessional,administrativeandsupportstaff..........................46Flexi-timearrangements...............................................................................................................47Flexi-placearrangements..............................................................................................................58PolicyGuidelines..........................................................................................................................6ANNEXUREA:ApplicationforFlexi-timeand/orFlexi-placearrangement.....................................8ANNEXUREB:DeclarationbyUWCEmployeeWorkingFromHome............................................9
21.PreambleTheUniversityoftheWesternCape(UWC)recognisesthatflexibleworkinghoursandworkplace arrangements may allow staff members to manage their work and personal commitments more effectively against the University’s operational demands. Staff who are approved to use the flexibleworkinghoursandworkplacearrangementswillberesponsible,withtheirlinemanagers, for managing their productivityand outputs in accordance with the expectations of their roles.2.PurposeThepurposeofthispolicyistoprovideforflexibleworkinghoursandworkplacearrangements.3.Scope3.1Theflexibleworking hours andworkplacearrangementsareapplicabletothefollowing staff categories:3.1.1Permanent and contract UWC Professional, Administrative and Support staff members.Thispolicydoesnotapplytothefollowingstaffcategories:3.1.2Staffdoingshiftwork;3.1.3Part-timestaff;3.1.4Essentialservicesstaff1;3.1.5Academicstaff.3.2The working hours of shift and part-time staff members are determined in accordance with the departmental /University operational needs.3.3Thispolicymustbereadwiththefollowingpoliciesandguidelines:3.3.1The ‘ICT Computer Internet and Email Usage Policy’ approved by Council in June 2017.3.3.2The ‘Guidelines for establishing Critical/Non-critical services and positions in thecaseofacampusemergencyand/orclosure’,approvedbytheEMCinApril 2016.3.3.3The‘UWCCodeofConduct’approvedbyCouncilin2005.1DeansorExecutivemembersmayapproveflexi-timeapplicationsfromessentialservicestaff,iftheoperationalrequirements havebeen met and theyare satisfied that services would be fullyfunctional at all times.
34.Definitions4.1Senior Management means the Executive Management, the Deans and other senior managers as determined by the Vice-Chancellor and Rector after consultation with the Executive Management members.4.2Academic staff members means those persons employed by the University primarily to teach and to do research, including the Vice-Chancellor/Rector, the Deputy Vice-Chancellor(s)/Vice-Rector(s), and the Deans.4.3Professional, Administrative and Support Staff (PASS) refers to those staff members oftheUniversitywhoarenotemployedonacademictermsandconditionsandwhoprovide full-time professional, administrative and support services to the University.4.4Part-timestaffarestaffmemberswhoarerequiredtoperformworkforlessthan173hours per month.4.5Shiftworkersarestaffmembers whoarerequiredtoperform workfor set periodsof time as part of a shift system.4.6Workinghoursreferstothenumberof hours anemployee is requiredtowork intermsof the employee’s contract of employment.4.7Flexi-Time refers to thetime period, outside of the core working hours when the office is open for work, within which staff members are flexible to choose their preferred starting and finishing times.4.8Flexi-Placerefers to staffmembers performing specified work activities orobligations, as required in terms of their contract of employment, from an alternative venue, by mutual agreement with their line manager and approved by the relevant Executive member or Dean.4.9An essential service is a service which, if interrupted, could endanger the life, personal safety or health of any member of the University community.4.10A maintenance service is a service, which, if interrupted, could result in the material physical impairment, damage or destruction of any working area, plant or machinery.
45.NormalworkinghoursforUWCprofessional,administrativeandsupportstaff:5.1Thenormalworkinghoursforfulltimeprofessional,administrativeandsupportstaff arefrom 08h20 to16h30, dailyfrom MondaytoFriday, with a dailylunch break of 45 minutes.5.2Heads of Department may set staggered lunch breaks in line with operational requirements.5.3Theminimumworking hoursforfull-timestaffmembersare173hours permonth. All part-time staff will work for less hours than full-time staff.6Flexi-timearrangements6.1Generalprinciples6.1.1Theapplicationofflexibleworkingarrangementsisamanagementprerogative.6.1.2The operational needs of the department/ faculty will take preference. Where there is a negative impact on the delivery of service, the applicable working arrangementmaybeamendedorwithdrawnbythelinemanager,relevantDean or Executive member in consultation with senior management.6.1.3Itistheresponsibilityofthelinemanagertomanagetheworkinghoursand productivity of staff within this policy guideline.6.1.4Participationisoptionalandstaffmayelecttomaintaintheirnormalworking hours.6.1.5Once-offrequestsbasedonreasonssuchaslate-comingorabsenteeismarenot allowed and will be addressed via the applicable process.6.2Flexibleworkingoptions6.2.1Staffmembersworkingflexi-timearerequiredtoworktheir stipulated/contracted hoursinconsultation with their line managers.6.2.2Startingandfinishingtimesmaydifferaccordingtoindividualneeds.6.2.3Notwithstandingtheabove,staffmembersmustbeavailabletofulfiltheir contractual hoursper working day.
56.2.4Full-time professional, administrative and support staff members may elect startingandfinishing times as follows:StartingandFinishing Times{EarlierFlexitime}{Normaltime}{LaterFlexitime}7h20-15h3008h05-16h1508h20-16h3008h35-16h4508h50-17h0009h05-17h1509h20-17h306.2.5Lunch breaks may not be added to the start or end of the day in order to arrive later or leaveearlier.6.2.6Where operational needs dictate, staff members on a flexible arrangement shouldavailthemselves for departmental and scheduled meetings outside of the flexi-time arrangement.7Flexi-placearrangements7.1Generalprinciples7.1.1Staff members may work from an alternative location to the normal workplace forthe purposes of performing specified work obligations or activities.7.1.2The flexible working arrangements may not adversely affect the achievement ofthe department’s goals and outputs.7.1.3SeniorManagementreservestherighttorevokearrangementsbasedon operational needs and/or where abuse of the arrangements has occurred.7.1.4Aflexibleworkplacearrangementisnotguaranteedtoapplytofuture positions,should the affected staff member change departments or positions.7.1.5Staffmembersmustsubmitvalidcontactdetails,andbeavailableand contactable during the nominated times.7.1.6Flexi-placearrangementsshallendureforamaximumofthreedaysperweek.7.1.7UWCcannotacceptliabilityintermsofthispolicyforanyhealthand safetyinjuriesthatmayoccurwhilestaffonflexi-placearrangementsarenoton UWC’spremises.Staffwhoreceiveapprovalforflexi-placearrangementsmust completethe Annexure B form, indemnifying UWC against future claims.7.2Alternativeworkplace7.2.1Staff members working from alternative locations must have the necessary infrastructure/resourcesavailableandinplacetoenablethemtoconnecttotheir normalworkplaceasrequiredbytheirdepartments.TheUniversitywillnotsupply anysuchresourceoutsideofthenormalworkarrangements,includingUWC
6office-based resources and facilities such as printers, printing ink, ADSL or telephone landlines.7.2.2Where operational needs dictate, staff members must avail themselves for departmental and scheduled meetings outside of the flexi-time and flexi-place arrangements.7.2.3TheUniversityreservestherighttoinstitutedisciplinaryactionshouldanyabuse of the flexi-place arrangement take place.7.3Applicationandapprovalprocess7.3.1All applications will be considered in terms of the approved guidelines (refer to section 8).7.3.2Thestaffmembermustobtainpriorwrittenagreementfromthelinemanager.7.3.3The linemanagermust discuss therequest with the relevant Executive member or Dean.7.3.4Anapplicationforapprovalmustbemadebycompletingthe‘ApplicationforFlexi-time and/or Flexi-place arrangement’ form (Annexure A). This form must be accompaniedbythe‘IndemnityForm’(AnnexureB)iftheapplicationisforaflexi-place arrangement.7.3.5The relevant Dean or Executive member will have the authority to approve the flexi-time or flexi-place application.8PolicyGuidelines8.1Thefollowingguidelinesareapplicable:8.1.1Theapprovalofflexi-timearrangementswillbeeffectiveforfive(5)daysperweek for a maximum period of one (1) year.8.1.2Theflexi-placearrangementswillbeeffectiveforamaximumofthree(3)daysper week for a maximum period of one (1) year.8.1.3Anysubsequentrequestswillbeconsideredanewwithinthepolicyframework.8.1.4Staffmembersmustfulfiltheircontractualhoursperworkingday.8.1.5Theapplicationofflexibleworkinghoursorworkplacearrangementsisa management prerogative.
78.2Process:8.2.1Theapplicationmustbeinwriting(AnnexureAandB);8.2.2The line manager must recommend the application for approval to the relevant Dean/ Executive member;8.2.3The relevant Dean/ Executive member has the right, on the recommendation of thelinemanager,torevokeanapprovedapplicationshouldanyabuseofthispolicy be deemed to have taken place. Such revocation of approval must be made in writing to the staff member with reasons given for the decision. The affected staff member will have three (3) working days in which to lodge an appeal of the decision (see 8.2.4).8.2.4Incaseswheretheapplicationwasnotapprovedorwasrevoked,thestaffmember has recourse to an appeal in writing. This letter of appealmust be directed tothe next-in-line manager, together with any documentary evidence.8.2.5This decision will be communicated in writing to the relevant Dean/ Executive member who will discuss it with the line manager and the staff member.8.2.6The following criteria will constitute an abuse of this policy and may lead to disciplinary action:8.2.5.1.Non-deliveryonagreed-uponworkperformancegoalsandobjectives within set timeframes;8.2.5.2.Not being contactable viaany designatedmedia(telephone, mobile, email, Skype, etc.) during the agreed-upon hours of work from an alternative workplace;8.2.5.3.NotadheringtotheUWCCodeofConductandbringingthe University into disrepute.
8ANNEXUREA:ApplicationforFlexi-timeand/orFlexi-placearrangementNameandSurname:……………………………………………………………………. StaffNumber:……………………………………………………………………………. Position:………………………………………………………………………………………. Department/Faculty:…………………………………………………………………….PeriodofFlexi-timeand/orFlexi-placearrangement:From……………………………….to................................................(arrangementtoberenewedannually)Flexi-hoursarranged:……….h………..To……….h………..Flexi-Place days (maximum of 3 per week): …………………………………………….................................... Flexi-place address (where the staff member will perform the duties):…………………………………….............................................................................................................................................................................................................................................................................................LineManager/Headof Department:Name………………………………Signature:………………………...Executive/Dean:Name…………………………………….Signature:………………………...................... I.......................................................................................................herebyundertaketoabidebytheFlexi-timeand/orFlexi-placearrangements.IfurtheracknowledgethatUWCoperationalneedstake precedenceover anyFlexi-timeand/or Flexi-place arrangement undertakenherein.………………………………………………….SignatureDate
9ANNEXUREB:DeclarationbyUWCEmployeeWorkingFromHomeFULLNAMEAND SURNAME:ID: EMPLOYEENo.: TELNo.(H):CELL No.: HOME ADDRESS:I, (employee full name) declare that I take responsibility for my own OccupationalHealth and Safetywhile workingfrom homeandthat I hereby indemnifyUWCagainstanyandallpersonallossand/orinjuriesand/ordamagesassociatedwithmy working from home.Iunderstandtheimplicationofthisdeclaration.Signedatonthisdayof20SIGNATURE:

Policy on Staff with Disabilities

Cover approval C2013/05. Implementation: 1 January 2014.

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UNIVERSITYoftlu,WESTERNCAPEUNIVERSITYOFWESTERNCAPE(UWC)POLICY:StaffwithDisabilitiesPolicyDATEOFAPPROVAL:C2013/05(ImplementationDate:1January2014) Recommended by: SA2013/7
1t.•Nl\'lRHY,,•UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevision/AmendmentDatePOLICY ON STAFFWITH DISABILITIESUNIVERSITYOFTHE WESTERNCAPE
2I1.PreambleUWC's mission directs the university, among other things, tothe pursuit of a distinctive academic role in South Africa which, through critical and creative ways, seeks to build an equitable and dynamic society.This commitment to equity as key to South Africa's future emphasises that, taken the inequalities of the past, the university must constantly seek to address these inequities andenable those who have been most severely disadvantagedby the apartheid systemtoparticipatefully in the life of the nation.In UWC's more recent Institutional Operating Plan (IOP) plan for the period 2010-201 ,this intention to contribute to the creation of a more equitable and just society isalso linked tothe conceptualisation of UWC's role as an 'engaged university' and to the importance of valuing diversity aspart of this role.For UWC, the notion of 'engagement' here is seen tocapture the university'semerging senseofitselfas auniversityina societyin transitionthatis confronted by and must address the significant development challenges shaped by its past and the emerging challenges of becoming an active player in aglobalized knowledge economy.For UWC, this means actively engaging through itsknowledge creation anddissemination roles with the complex challenges that emerge from these very different but equallyimportantrealities.The IOP recognises that to be such an 'engaged' university, UWC must be able to attract and retain staff with the right skills, knowledge and values able to take forward its envisagedrole.Italsonotes thatinpursuitofthis objective,UWC stands tobenefit substantially from conscious and dedicated efforts to diversify its staff profile.Increased staff diversity istherefore seen tobe important to shaping the university's ability to be an 'engaged university' and toredressing the inequalitiesof the past.Theuniversity recognises thatpeoplewithdisabilitiesareamongthosewhohavebeenmost severelyaffectedbytheinequalitiesofthepast.Thisisespeciallytrueintheworkplacewhere people with disabilities have facedsevere forms of discriminationwhichinturnhave denied the right to productive employment opportunities and thus the ability to contribute to the economicwellbeingofSouthAfrica.UWC is also cognisantof the fact that despite important legislation now in place to protect the rights of peoplewith disabilities in the workplaceand create equitable employment opportunities, many barriers remain.In line with the provisions of the United Nation's Conventionon the Rights of Persons with Disabilities,the university recognises that central to the creation of an equitable and fair workplace for people with disabilities is the removal of specific barriers that restrict participation in the workplace and, closely linked tothis, the provision of reasonable accommodation measures that enable people with disabilities to be active and productive members of staff.UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/ AmendmentNumberRevision/AmendmentDate
3.,.,,.1..IUNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumber_ImplementationDateRevision/AmendmentNumberRevision/ AmendmentDateWith this background in mind, UWC's Policy on Staff with Disabilities draws strongly from the Code of Good Practice on theEmployment of People with Disabilities" as part of the EmploymentEquity Act,no55 of 1998. Ithas adapted theprinciples andprovisions ofthe Code tothe UWCenvironmentandthe needs of a university.The policy specifically aims to:•Build on and support employment equity efforts taken forward through UWC's EmploymentEquity Policy;•Createanenablingframeworkto addressspecificbarriersintheuniversity workplace that restrict equitable participation and that may (often unintentionally) result in discrimination;2.ContextualisingthedefinitionofpeoplewithdisabilitiesThere are two 'broad notions about disability which inform how we understand and make meaning of disability. The social model of disability forms the basis of the South African government's policy on disability since 1994, including that of the Department of Higher Education and Training. Notions of disability from a social mo_del perspective recognise disability as a social construct that emerges from the interaction between people with impairmentsandthebroadersociety.Morespecifically,itrecognisesthatpeoplewith particular impairments are disabled by society when it fails to recognise and accommodate diversity, in allits different forms.The social model of disability therefore focuses on the way in which society understands and responds todiversity (Oliver, 1990). In particular, the social modeldirectsattentiontotheorganisationalstructureofsociety,inthis caseouruniversity, and the levels of flexibility and responsiveness that are in place to accommodate the diverse needs of all the people within it,in this case, staff with disabilities.The medical model of disability on the other hand is a deficit model, that focuses on the impairment itself and the degree to which the person with the impairment is regarded as 'abnormal'or having a deficiencythat must be compensated for so that they can fit into the 'normal' society. The medical model, therefore, views disability as a binary and finite concept, rather than a concept that is constantly changing as society changes, is context bound (in this case, the university context) and socially constructed.In the context of the workplace and drawing from a social model perspective, the scope of protectionandaccommodationforpeoplewithdisabilitiesinemploymentthereforefocuses on the effect ofa disability on theperson in relationtothe workingenvironment,and not on the nature of the impairment itself.This policy draws from a social model understanding of disabilitywhichinformsthe principlesandprovisionsthatareoutlined. Thedefinitionsbelow are helpful in the contextof this policy and its intentions.
4I2.1Definitions;Section 1 of the Employment Equity Act 55 of 1998 defines people with disabilities as "people who have a long-term or recurring physical or mental impairment, which substantiallylimits their prospects of entry into, or advancement in, employment"•Animpairmentmayeitherbephysicalormentaloracombinationofboth.•'Physical' impairment means a partial or total loss ofa bodily function or part of the body. It includes sensory impairments such as being deaf, hearing impaired, or visually impaired.•'Mental' impairment means a clinically recognised condition or illness that affects a person's thought processes, judgement or emotions.•'Long-term' means the impairment has lasted or is likely to persist for at least twelve months.•'Recurring impairment' is one that is likely to happen again and to be substantially limiting (see below). It includes a constant chronic condition, even if itseffects on a person fluctuate.•'Progressive conditions' are those that are likely to develop or change or recur. People living with progressive conditions or illnesses areconsidered as people with disabilities once the impairment starts to be substantially limiting. Progressive or recurring conditions which have no overt symptoms or which do not substantiallylimit a person are not disabilities..•An impairment is "substantially limiting" if, in its nature, duration or effects, it substantiallylimitstheperson'sabilitytoperformtheessential functionsofthejob forwhich they are beingconsidered.•Someimpairmentsareso easilycontrolled,correctedor lessened, thattheyhave no limiting effects. For example, a person who wears spectacles or contact lenses doesnothaveadisabilityunlessevenwithspectacles orcontact lensestheperson's vision is substantially impaired.•An assessment todetermine whether the effects of animpairment are substantially limiting, mustconsiderifmedicaltreatmentorotherdeviceswouldcontrolor correctthe impairmentso that its adverse effects are prevented or removed.•For reasons of public policy certain conditions or impairments may not be considered disabilities. These include but are not limited to -(a)sexualbehaviourdisordersthatareagainstpublicpolicy;(b}self-imposedbodyadornmentssuchas tattoosandbodypiercing;(c)compulsivegambling,tendencytostealorlightfires;(d} disorders that affectaperson's mental orphysical state if they arecaused by current use of illegal drugs or alcohol, unless the affected person is participatinginarecognized programme oftreatment;(e} normal deviations in height, weight and strength; and conventional physical and mental characteristics and common personality traits.UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevision/AmendmentDate
5UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITH DISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevision/AmendmentDate3.ReasonableAccommodationForPeopleWithDisabilitiesSection1 of the Employment Equity Act 55 of 1998 defines reasonable accommodation as "any modification or adjustment to a job or to the working environment that will enable a person from a designated group tohave reasonable access to or participate or advance in employment".Asrequiredin theCodeofGood Practiceon theEmploymentofPeople with Disabilities"UWC will commit to the following:3.1UWCaims toreasonably accommodate theneeds ofstaff withdisabilities. The aim of the accommodation is to reduce the impact of the impairment of the person's capacity tofulfil the essential functions of a job.3.2UWCwilladoptthemostcost-effectivemeansthatisconsistent witheffectively removing the barriers to perform the job, and to enjoy equat access to the benefits and opportunitiesof employment.3.3The obligation to make reasonable accommodation may arise when anapplicant or employee voluntarily discloses a disability related accommodation need or when such a need is reasonably self-evident to the university.3.4UWC also aim to accommodate employees when work or the work environment changesorimpairmentvarieswhichaffects theemployee'sabilitytoperform the essential functions of the job,3.5UWC will consult the employee and, where reasonable and practical, technical experts toestablish appropriate mechanisms toaccommodatethe employee. The particular accommodation will depend on the individual, the degree and nature of impairmentand its effect on the person, as well as on the job and the working environment. Reasonable accommodation may be temporary or permanent,depending on the nature and extent of the disability.3.6UWC willnot accommodatea qualified applicant oranemployeewitha disability if this would impose an unjustifiable hardship. According to the Employment Equity Act 55 of 1998, this is action that requires "significant or considerable difficulty or expense". This involves considering, amongst other things, the effectiveness of the accommodation and the extent to which it would seriously disrupt the operation of the university. The Senior Management Committee of UWC will make a final decision regarding suchcases.4.RecruitmentandSelection:UWCrecognises that the reasonable accommodation requirement applies to applicants and employeeswith disabilitieswho are suitably qualified for the job and may be required -
6UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevlsion/AmendmentDate(i)duringtherecruitmentandselectionprocesses;(ii)intheworkingenvironment;(iii}inthewayworkisusually done,evaluatedandrewarded;and (iv}inthebenefits andprivileges ofemployment.4.1Duringtherecruitmentandselectionprocessthecommitteeshould:•Identifytheinherentrequirementsofthevacantposition;•Describeclearlythenecessary skillsandcapabilitiesrequiredforthejob;•Set reasonable criteria for selection, preferably in writing, for jobapplicants for such vacant positions.•The panel may not include criteria that are not necessary toperform the essential functions of the job because selection based on non-essential functions may unfairly exclude people with disabilities.4.2Whenweadvertiseposts:•It shouldbeaccessibletopersons withdisabilitiesand,where reasonable and practical, circulated toorganisationsthat represent the interests of people withdisabilities.•On request, and if reasonable in the circumstances,notices and advertisementsshould be available in a format appropriate to persons with disabilities, such as large print, Braille, or audiotape.4.3Selectionpanel:•Subjecttoreasonableaccommodation,thepanelshouldapplythesame criteria to test the ability of people with disabilities as are applied to other applicants.•The panel should monitortheircriteria for selection. Ifthese criteria tend toexcludepeoplewithdisabilities,theyshouldbe reviewedtoensure that they do not unfairly discriminate against persons with disabilities.•Selection interviews should be objective and unbiased. Interviewers must avoid assumptions about people with disabilities.•If anapplicant hasdisclosed adisability orhasaself-evident disability, thepanelmustfocusontheapplicant'squalificationsfor theworkrather thananyactualorpresumed disabilitybutmayenquireandassessifthe applicant would,butfor thedisability, besuitably qualified.•The panel should ask applicants to indicate how they would perform essential functions and if accommodation is required.•If the panel isinformed in advance that an applicant has a disability, or if the applicant has a self-evident disability, the panel should if necessary, make reasonable accommodation during the interview.
UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberIImplementationDateRevision/AmendmentNumberRevision/AmendmentDate4.4JobOffer•If anapplicant witha disability is suitably qualified, the university may make a job offer conditional on medical or functional testing to determine an applicant's actual or potential ability to perform the essential functions of a specific job.•Thetestingmustcomply withthestatutory requirements andshould determineif theapplicant isabletoperformtheessentialfunctionsof thejob,withorwithoutreasonableaccommodation.Theuniversitymay testonlyapplicantswithdisabilitiesforaspecific jobandnotrequireall other applicants to undergo testing.•Aconditionaljoboffermayonlybemadetoonepersonatatime,notto allapplicantswithdisabilitiesthatmayhaveappliedforthejob.•UWCwillwithdrawthejobofferifthetestingshowsthat accommodationrequirementwouldcreateunjustifiablehardship;or thereisanobjectivejustificationthatrelatestotheinherent requirementsof the job;orthereisan objectivejustificationthatrelates to health and safety.4.5Conditionsof employment•The university may not employ peoplewith disabilitiesor retain employees who become disabled, on less favourable terms andconditions than employees doing the same work, for reasons connected with the disability.4.6TrainingandDevelopment•UWCshouldinclude disability sensitisation intheorientation/induction andother relevant trainingprogrammes forstaff.•Facilities and materials for training, work organisationand recreation should be accessible toemployees with disabilities.•Employees with disabilities should be consulted in order to ensure input specific to their career advancement.•Systems and practices to evaluate work performance should clearly identify and fairly measure and reward performance of the essential functions of the job. Work that falls outside the essential functions of the job shouId not be evaluated.5.HealthandSafetyUWCwillprovideandmaintainasafeandhealthyworkingenvironment.Theuniversity willbeundernoobligationtoemployapersonifitcandemonstratethatapersonwit
8UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevision/AmendmentDatea disability would represent an actual risk to himor her or other people, which could not be eliminated or reduced by applicable reasonable accommodation. UWC will withdraw a conditional joboffer,or will not retain anemployee witha disability inthe same position, if an objective assessment shows that the work would expose the employee or othersto substantialhealthrisk.Thiswouldonlyapplywherethereisno reasonable accommodation tomitigate therisk.6.Pre-benefitMedicalExaminationsEmployees may berequired to submit to medical examination or tests before becoming members of employee benefit schemes that are offered within the employment relationship.Thepurpose oftheseexaminationsisto assess aperson's suitabilityfor membershipofabenefitschemeandisnotrelevanttoaperson'scapabilityto perform theinherent requirements ofthe job.Therefore UWCmay not refuse to recruit,train, promote orotherwiseprejudiceanypersononlybecause thatpersonhasbeenrefused membership of a benefit scheme.7.RetainingpeoplewithdisabilitiesEmployeeswhobecomedisabledduringemploymentwould,wherereasonable,bere- integrated into work. UWC will seek to minimise the impact of the disability on employees. If an employee becomes disabled, the linemanager will consult withthe employeeto assessif thedisabilitycanbereasonablyaccommodated. UWCwillalso maintaincontact withtheemployee andwherereasonableencourage earlyreturn-to- work. This may require vocational rehabilitation, transitional work programmes and where appropriate, temporary or permanent flexible working time. If an employee is frequently absent from work for reasons of illness or injury, the line manager will consult the employee to assess if the reason for absence isa disability that requires reasonable accommodation.Ifreasonable, theDean/ Executive member willexplore thepossibilityofofferingalternative work,reducedworkorflexibleworkplacement, so thatemployeesarenotcompelledorencouragedto terminatetheiremployment.8.TerminationofemploymentUWC will terminate the employment relationship if the university is unable to retain the employee in employment. When employees who have disabilities are dismissed for operationalrequirements,UWCwillensurethatany criteriauseddonoteitherdirectly orindirectlyunfairlydiscriminateagainstpeoplewithdisabilities.UWCwillendeavour to appropriately advise all staff on the applicable benefits before they apply forthe benefits available and before resigning from employmentbecause ofa medical condition. HR will assist employees whose disability arose from a work related illness or accident, to receive the relevant statutory compensation, including compensation fromthe Compensation Fund and the Unemployment Insurance Fund.
9UNIVERSITYOFTHE WESTERNCAPEHRPOLICYDOCUMENTPOLICY ONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevisionI AmendmentDate9.ConfidentialityanddisclosureofdisabilityUWCwill,whereappropriate,onlygatherprivateinformationrelatingtoemployeesif it isnecessarytoachievealegitimatepurpose,withthewrittenconsentoftheemployee. UWCwillprotecttheconfidentialityof theinformationthathasbeendisclosedand will takecare to keep records ofprivate information relatingto thedisabilityof applicants andemployeesconfidential andseparate fromgeneralpersonnel records.UWCwillnotdiscloseanyinformationrelating toaperson'sdisabilitywithoutthe written consent of the employee concerned unless legally required. People with disabilitiesareentitledtokeeptheirdisabilitystatusconfidential,butmustkeepin mindthatif· theuniversityisnot awareof the disabilityorthe need tobe accommodated,itis under no obligation to provide it. This does not absolve the universityfromtheresponsibilitynottodiscriminateunfairly,directlyorindirectly against job applicants.A person with a disability may disclose their disability at any time, even if there is no immediate needfor reasonable accommodation.If the disability isnot self-evident UWC may require the employeetodisclose sufficientinformationto confirmthe disability or the accommodation needs. If on reasonable grounds UWC does notbelieve that the employee is disabled, orthat the employee requires accommodation, UWC is entitled to requestthattheemployeebetestedtodeterminetheemployee'sabilityordisability, at the expense of the university. As information about disability may be technical, the university should ensure that a competent person interprets the information. If further information isrequired itmust be relevant toa specificJob and itsessential functions.UWCwillnotrevealthefactofanemployee's disability,unless thisisrequired forthe health or safety of the person withthe disability or other persons. UWC will, after consulting the person with the disability, advise relevant staff that the employee requires accommodation.10.ConclusionThe legislation in relation to the disability policy landscape hasbeenestablished through theEEAct55of1998aswellasintheCodeof GoodPracticeandthebarriersto change have been identified as well as key learnings from relevant parties have beenconsidered.In line with theaboveconsiderationsas wellasourmissionstatement, UWC commits to the spirit of this policy and endeavour toharness resources and capacity to strengthen diversity.
10UNIVERSITYOFTHEWESTERNCAPEHRPOLICYDOCUMENTPOLICYONSTAFFWITHDISABILITIESReferenceNumberImplementationDateRevision/AmendmentNumberRevision/AmendmentDateAppendix1

Transcription of the original Appendix 1 diagram

STAFF WITH DISABILITIES – PROCESS TO ENSURE REASONABLE ACCESS

Staff member

Incoming or existing staff member voluntarily discloses disability with line manager and / or EE representative

Line Manager and EE representative

Staff member is advised and if needed, assisted to declare disability via online system – i-enabler

Line manager and staff member makes initial assessment of needs and discuss with Dean or Executive Head

Line manager to engage the services of an occupational therapist if professional assistance is needed to determine the most reasonable level of access and to enhance performance of staff member with a disability

The line manager in consultation with the Dean or Executive Head decides on how best to accommodate the staff member with a disability
Expenditure for purchases excluding structural changes, must be made against the department or faculty budget

It is the responsibility of the Line Manager to determine any structural or physical needs and if needed to discuss with the Director Operations

Finance & Services

Finance and Services will plan and advice on all major or minor structural adjustments to new or existing buildings with the view to ensure reasonable accommodation as well as Health and Safety of staff with Disabilities

EE Forum

The Forum agreed that the Director Operations and the Director for Student Support Services would brief the Forum once a term on any improvements regarding access for staff and students with Disabilities

The EE reps have an opportunity to discuss any structural impediments or barriers to the employment of staff with disabilities at this Forum

Department of Labour (DoL)

The HR department will submit statistical information regarding the employment of staff with disabilities via the EEA2 and EEA4 reports to the Department of Labour

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