CHAPTER 467 - ZAMBEZI RIVER AUTHORITY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambezi River Authority (Terms and Conditions of Service) By-Laws

ZAMBEZI RIVER AUTHORITY (TERMS AND CONDITIONS OF SERVICE) BY-LAWS

[Article 10]

Arrangement of By-Laws

   By-Law

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
GENERAL

   3.   Probation

   4.   Additional remuneration

   5.   Hours of work

   6.   Retirement

   7.   Restructuring and re-organisation

   8.   Repatriation

   9.   Notice of resignation

   10.   Termination

   11.   Misconduct

   12.   Conflict of interest

   13.   Prohibition and suspension

   14.   Additional one month’s salary

   15.   Salary advances

   16.   Housing allowance

   17.   Overtime

   18.   Critical area allowance

   19.   Danger allowance

   20.   Acting and responsibility allowance

   21.   Special skill allowance

   22.   Standby allowance

   23.   Location allowance

   24.   Out of pocket allowance

   25.   Long service allowance

   26.   Tool allowance

   27.   Settling-in allowance

   28.   Education and school uniform allowance

   29.   Disturbance allowance

   30.   Electricity and water allowance

   31.   Transport and transport allowance

   32.   Kilometre allowance

   33.   Local travel

   34.   Foreign travel

   35.   Medical scheme

   36.   Specialist treatment

   37.   Medical aid for pensioners

   38.   Group Life Assurance Scheme

   39.   Pension scheme

PART III
LEAVE

   40.   Grant or refusal of leave

   41.   Annual leave

   42.   Maximum continuous period of annual leave

   43.   Circumstances in which sick leave may be granted

   44.   Grant of sick leave

   45.   Further sick leave pending decision of medical practitioners

   46.   Grant of annual leave in lieu of sick leave

   47.   Reporting of absence from duty

   48.   Employee to submit to medical examination when required by the Authority

   49.   Leave for urgent personal reasons

   50.   Special leave

   51.   Study leave

   52.   Benefit payable on death

   53.   Benefit on discharge for ill health

   54.   Leave benefits on retirement

   55.   Leave benefits on resignation

   56.   Leave benefits on termination

   57.   Application for leave to be in form prescribed

   58.   Secretary to be advised of the grant of leave

   59.   Secretary to be informed of failure to resume duty after leave

   60.   Resumption of duty before expiry of leave

PART IV
EMPLOYEES RETAINED FROM CENTRAL AFRICAN POWER CORPORATION

   61.   Former conditions of service

   62.   Conversion of leave

   63.   Revocation of SI 1 of 1989

      FIRST SCHEDULE

      SECOND SCHEDULE

[By-laws by the Council of Ministers]

SI 2 of 1995,

SI 90 of 1997.

PART I
PRELIMINARY

1.   Title

These By-laws may be cited as the Zambezi River Authority (Terms and Conditions of Service) By-Laws.

[By-Law 1 am by by-Law 2 of SI 90 of 1997.]

2.   Interpretation

In these By-laws, unless inconsistent with the context—

“Authority” means the Zambezi River Authority established by the Zambezi River Authority Act;

“basic pay” means the salary of an employee, excluding any allowance that may be payable to that employee, and “basic monthly pay” and “basic annual pay” shall be construed accordingly;

[Ins by by-law 3 of SI 90 of 1997.]

“employee” means a person confirmed in a post specified in the Second Schedule;

“Head of Department” means the person having the overall responsibility for any particular department within the Authority or in the absence of such person, any person designated to act in his place;

“leave” means leave of absence from duty;

“length of service” means the continuous period of service the employee has served with the Authority or its predecessor, which period shall be calculated from the original date of engagement;

“pay” means the salary of an employee together with such allowances as may be payable to him;

“dependant” means—

      (a)   a spouse of an employee;

      (b)   any child of an employee including an illegitimate and adopted child or step-child who is of, or below the age of 18 years or below the age of 25 years and undergoing full-time education and wholly dependant on him;

“retirement age” means the age of retirement as specified in by-law 6;

“working day” means any day of the week except Saturday, Sunday, and public holidays.

PART II
GENERAL

3.   Probation

   (1) Subject to this section every person entering the service of the Authority shall serve a probationary period of six months unless the Authority expressly appoints him to the service without him having to serve such probationary period.

   (2) The period referred to in sub-by-law (1) may be reduced or extended by the Authority, so however, that no probationary period shall, save in exceptional circumstances, exceed twelve months.

   (3) A person serving on probation may resign by giving 24 hours notice of his intention to do so or his service may be terminated by the Authority upon like notice.

   (4) A person shall not be confirmed to the service of the Authority unless he has passed a medical examination by a medical practitioner appointed or specifically approved by the Authority.

4.   Additional remuneration

Save as may otherwise be prescribed, an employee shall not be entitled to additional remuneration in respect of any duty or work which he is required to perform whether during or after the normal hours of work.

5.   Hours of work

The normal hours of work shall be as laid down from time to time by the Authority.

6.   Retirement

   (1) Subject to by-law 9 an employee may retire from service with the Authority on his 55th birthday or at any time thereafter and shall retire not later than his 60th birthday unless the Authority extends his retirement age in accordance with sub-by-law (2).

   (2) The Chief Executive may, upon application made by an employee, at any time during six months following his 59th birthday, extend the employee’s retirement age to a date not later than his 65th birthday.

[By-law 6(2) am by by-law 4 of SI 90 of 1997.]

   (3) By-law 9 relating to period of notice shall apply, with necessary modifications, to an employee wishing to retire in terms of this section:

Provided that, for an employee listed in Parts C, D and E of the Second Schedule whose service has been extended under sub-by-law (2), the period of notice shall be three months.

7.   Restructuring and re-organisation

   (1) Where a post of an employee becomes surplus due to the re-organisation or re-structuring of the Authority or any station of the Authority the employee shall be declared redundant or be retrenched and such employees shall be paid—

      (a)   a severance benefit of three months current basic pay; and

      (b)   a redundancy package calculated as follows:

Completed Years of Service

Rate of Compensation

0 – 4

2 years current basic pay

5 –10

2.5 years current basic pay

10 or more

3 years current basic pay

   

   (2) Where the Authority requires an employee to be deployed or transferred to another station on account of the re-organisation or re-structuring of the Authority or any station of the Authority and such employee is unable to be redeployed or transferred due to special circumstances, the Board may pay a severance benefit to such employee in accordance with sub-by-law (1).

8.   Repatriation

   (1) When an employee retires, becomes redundant or is retrenched from the service of the Authority or is discharged on medical grounds, the Authority shall meet the cost of transport for the employee and up to six dependants to the employee’s home district:

Provided that, where the employee chooses not to be repatriated to his home district, the Authority shall meet the cost of repatriation to his chosen destination subject to the cost not exceeding that to his home district.

[By-law 8(1) am by by-law 5 of SI 90 of 1997.]

   (2) Where an employee dies in service the Authority shall repatriate the dependants of the employee in accordance with sub-by-law (1).

   (3) Where an employee’s service is terminated by the Authority or where he resigns from the service of the Authority, the Authority may meet the cost of road transport for the employee and up to six dependants to the employee’s home district.

9.   Notice of resignation

   (1) An employee who wishes to resign from the service of the Authority shall give notice, in writing, to his Head of Department, of his intention to do so.

   (2) The period of notice to be given in terms of sub-by-law (1) shall be—

      (a)   in the case of an employee in a grade listed in Part A or B of the Second Schedule, three calendar months;

      (b)   in the case of any employee in a grade listed in Part C, D or E of the Second Schedule, one calendar month or such longer period as the Authority may determine at the time of such employee’s appointment:

Provided that—

      (i)   the Authority may permit an employee to resign without giving notice or upon giving such shorter notice as the Authority may determine;

      (ii)   any period spent on annual leave shall not form part of the last month of the period of notice; and

      (iii)   an employee shall surrender one month’s salary in lieu of notice.

10.   Termination

   (1) The Authority may at any time terminate the service of an employee by giving him—

      (a)   such period of notice in writing as is equivalent to the period of notice which that employee is required to give in accordance with sub-by-law (2) of by-law 9; or

      (b)   one month’s salary in lieu of notice.

   (2) The Authority may take any action as described in sub-by-law (10) of by-law 13 against any employee whom the Authority has found guilty of misconduct after considering—

      (a)   a report by his Head of Department on the conduct of the employee; and

      (b)   any written representation made by such employee in relation to the alleged misconduct:

Provided that, no action against the Chief Executive, Chief Engineer or Corporate Secretary/Chief Accountant in terms of sub-by-law (10) of by-law 13 may be taken without the permission of the Board.

11.   Misconduct

   (1) An employee shall be guilty of misconduct for any of the acts specified in the First Schedule.

   (2) An employee who is convicted and sentenced as specified in paragraph 40 of the First Schedule shall be deemed to have forfeited his post and his employment shall ipso facto be terminated by the Authority with effect from the date he was so sentenced and without recourse to the disciplinary machinery and procedures provided for in these By-laws.

   (3) The code of conduct, disciplinary and grievances procedures shall be laid down in rules as determined by the Authority and such rules shall be made available to the employees of the Authority.

   (4) An employee shall, on receipt of any rules specified under sub-by-law (3), sign such rules as acknowledgement of receipt of the rules.

12.   Conflict of interest

If an employee or his spouse—

      (a)   acquires or holds direct or indirect pecuniary interest in any contract or knowingly acquires or holds any direct or indirect pecuniary interest in any firm or company applying or negotiating for a contract with the Authority;

[By-law 12(a) am by by-law 6 of SI 90 of 1997.]

      (b)   owns any immovable property in, or has direct or indirect pecuniary interest in, any firm or company and such ownership or interest results in the private interest of the employee coming into or likely to come into conflict with his official duties; or

      (c)   has otherwise, in his private capacity, any other direct or indirect pecuniary interest in any business of the Authority;

the employee shall forthwith report the fact to the Authority and shall thereafter comply with such direction in connection therewith as the Authority may, from time to time, give him.

13.   Prohibition and suspension

   (1) An employee suspected of misconduct or against whom criminal proceedings have been instituted may be prohibited by the Head of Department from carrying out the duties of his post, and the prohibition shall remain in force until cancelled by the Head of Department or otherwise under these By-Laws.

   (2) Where a Head of Department prohibits an employee from carrying out the duties of his post under sub-by-law (1) the Head of Department shall immediately thereafter refer the matter to the Chief Executive of the Authority.

   (3) On receipt of a matter referred to him under sub-by-law (2) the Chief Executive of the Authority may order the suspension of such employee.

   (4) When the Chief Executive orders the suspension of an employee who has been prohibited from carrying out the duties of his post the prohibition by the Head of Department under sub-by-law (1) shall be deemed to be cancelled with effect from the date of the Chief Executive’s order.

   (5) An employee prohibited from carrying out his duties under sub-by-law (1) shall be entitled to the full amount of his salary for the period of the prohibition.

   (6) Notwithstanding sub-by-laws (1), (2) and (3), the Chief Executive may on his own motion, where an employee is suspected of misconduct or against whom criminal proceedings have been instituted—

      (a)   prohibit that employee from carrying out the duties of his post; or

      (b)   order the suspension of that employee.

   (7) An employee in respect of whom an order of suspension has been made under sub-by-law (3) or (6) shall be entitled to half his salary for the period of such suspension.

   (8) If after an investigation relating to any alleged act of misconduct, the Chief Executive decides that no misconduct is disclosed or the matter is trivial then any prohibition or suspension made under this by- law shall be cancelled with effect from the date of the Chief Executive’s decision and the employee shall, in the case of a suspension, thereupon be entitled to be paid the full amount of his salary for the period of the suspension less the amount paid to him under sub-by-law (7).

   (9) If an employee against whom a prohibition or order of suspension has been made under this by-law on the ground that criminal proceedings were instituted against him and—

      (a)   he is acquitted of the crime; or

      (b)   he is not brought to trial;

the prohibition or order of suspension shall remain in force pending the conclusion of any proceedings that may have been taken against him on a charge of misconduct and if no proceedings are initiated by the Chief Executive against the employee, then the Chief Executive shall cancel the prohibition or order of suspension and in the case of a suspension, the employee shall thereupon be entitled to be paid the full amount of his salary for the period of suspension less the amount paid to him under sub-by-law (7).

   (10) If an employee who is charged with misconduct is found guilty by the Chief Executive, the Chief Executive may cancel any prohibition or order of suspension in force under this by-law in relation to the employee and—

      (a)   issue a written warning;

      (b)   issue a final written warning;

      (c)   issue a final written warning plus 5 days suspension without pay;

      (d)   reprimand him and—

      (i)   transfer him to another post or grade, the salary of which is less than that received by him at the date he is found guilty of misconduct; and

      (ii)   order a reduction in any allowance to which he may be entitled;

      (e)   call upon the employee to resign with effect from a specified date, failing which he shall be deemed to be dismissed as from that date; or

      (f)   dismiss the employee.

   (11) The Chief Executive may delegate any of his powers under this by-law to any authorised employee of the Authority.

14.   Additional one month’s salary

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