February 2003 Volume 84 Number 1
"serving the protectors"
| February 2003 Volume 84 Number 1 "serving the protectors" |
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| By Mark Carroll, PASA Assistant Secretary |
Leave – defence reserves
News of the change to leave entitlements for members of the defence reserves last appeared in The Industrial Front in June 2002. The Commissioner for Public Employment (CPE) PSM Act Determination 6 extended special leave with pay for reservists – up to six weeks paid leave in the first year and, in subsequent years, up to four weeks.
This issue was first raised with the Commissioner’s representatives in March 2002. At that time, PASA queried whether SAPOL intended to adopt the extended provisions. In April 2002, the Commissioner’s representatives advised that the provisions were to be adopted. In May 2002, those same representatives said that a gazette notice was being prepared, as was a change to general orders.
In November 2002, SAPOL advised members that the Commissioner had not approved this leave for sworn members. The Commissioner would only approve “2 weeks full military leave with a further two weeks military leave with pay made up”.
PASA officials were surprised and annoyed by this development. We were told that this leave had been approved. We had informed members in May 2002 that the leave would be extended.
Through the grievance-and-dispute avoidance procedures of the enterprise agreement, PASA notified an industrial dispute on December 23, 2002. Later that day, we learnt that a gazette notice – which adopted the CPE determination – had been prepared for December 24, 2002. This effectively satisfied the dispute. See the Police Gazette, issue 26, page 318.
Long-service leave
The issue of long-service leave continues to be raised by members denied the ability to access this lawful entitlement. A general lack of understanding – with regard to the ability of members to access long-service leave entitlements – abounds throughout SAPOL.
The Commissioner for Public Employment circular governs the process of approving long-service leave applications. It (the leave) is granted under the Public Sector Management Act and is referred to in SAPOL general orders (page 148).
Employees are expected to give a reasonable period of notice of their intention to take long-service leave and, in most cases, one month should be sufficient. If a chief executive officer is unable to agree to a request, then a mutually acceptable commencement date and period should be sought and appropriate arrangements will be made to grant leave to the employee as soon as practicable. An application must not be deferred indefinitely.
In general orders, the Commissioner of Police says those applications will usually be granted, provided the time taken is convenient to SAPOL.
SAPOL has, in the past, declared its intention to cancel all forms of leave, such as the Christmas/New Year period 1999-2000, or for the Olympics. These are genuine and justifiable reasons.
If the employer (or your officer-in-charge) denies you an application for long-service leave on grounds outside your control – such as SAPOL not recruiting enough staff, not providing relieving officers or enough supervisory ranks, or an inability to roster personnel appropriately – then you can challenge, through your association if you desire, that denial.
Those members who have challenged management decisions to deny long-service leave have succeeded. Members are usually denied long-service leave in the first instance because of a lack of staff. The association has requested the management of Human Resources to instruct line managers in the correct application of long-service leave applications.
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