Saturday, March 13, 2010

Frequently Asked Questions

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Q: In what circumstances will leave without pay be granted and for how long?
A: Leave without pay is addressed by General Order 7.25. Whether the leave requested is granted and the duration of the period of leave will depend on the circumstances of the case. It is vital that the circumstances of the case be communicated fully and clearly. The case must be accompanied by well reasoned comments from the relevant Head of Department and Permanent Secretary explaining why the request should or should not be accommodated. The reasoning may or may not be considered sufficient to support the grant of leave without pay.

Material considerations include how the absence of the officer will affect the functioning of any department, ministry or public service; whether similar requests are likely and would the request be distinguishable from other requests or would equity require other requests be accommodated and if they are, what would be the effect on the department, ministry or public service.

An indication that the circumstances necessitating the request for leave without pay are temporary would be helpful.
Q: Many non-belongers of Anguilla are being employed in the Anguilla Public service. These persons are given temporary appointments. What provisions are in place to ensure that belongers of Anguilla fill these positions if/when belongers become available?
A: This is a very good question and has demonstrated a need for continuous scrutiny of the processes in relation to the hiring of non-belongers in the Anguilla Public Service.

Non-belongers are appointed on temporary terms to facilitate the appointment of belongers when they become available. In relation to teaching and other senior appointments where graduate qualifications are required, a belonger might be granted a scholarship to obtain job specific training. In such a case the non-belonger employed on temporary terms would be aware that his/her term of employment will cease when the belonger has successfully completed the course of study and in some instances gained a certain level of experience.

Additionally when non-belongers hold senior appointments, they do so on a contractual basis and their positions are advertised before the expiration of their contracts to give suitably qualified belongers the opportunity to apply for and fill those positions.

However the situation regarding non-belongers employed on temporary terms in junior positions such as clerical officers and customs assistants is less clear. At the moment there is no continuous advertising of a junior position to seek the services of a belonger while it is held by a non-belonger. Subject to non-performance issues, the position held by a non-belonger at this level becomes available only when the non-belonger either leaves the service of his/her own volition or successfully applies for another position in the service. This natural attrition is preferred at this point in time as to actively continue to seek the services of belonger in these circumstances would only serve to de-motivate the non-belonger officer. It must also be understood that non-belongers are usually only appointed after several unsuccessful efforts have been made to recruit a belonger.

Q: Will ‘Tell the DG’ allow public officers to communicate directly with the Deputy Governor on matters where the protocol established by General Orders requires communication with other officers before matters are considered by the Deputy Governor?
A: No. Where the General Orders require public officers to follow certain procedures in having matters addressed, they will have to do so. There are however many matters of general interest which public officers can raise directly with the Deputy Governor.
Q: Are General Orders applicable to government agencies such as the Anguilla Development Board and the Tourism Board?
A: No. These bodies should have their own rules and procedures determining the rights of the employees and their obligations to the organisation as well as the general relationship between staff and management. These rules and procedures may be found in one comprehensive document, similar to General Orders or they may be contained in more than one document.

The legislation establishing the Health Authority of Anguilla and the Financial Services Commission contains a provision transferring certain officers from the public service to these agencies. The provisions require that the officers be transferred under terms and conditions of service which are no less favourable than those enjoyed by the public officer before the transfer.

The Pensions Act provides a mechanism to effect transfers of public officers to government agencies after the establishment of the agency. This Act also requires public officers transferred be employed on terms and conditions of service that are not less favourable than the terms and conditions enjoyed by the public officer immediately before being appointed to the government agency.

Public officers transferred in the circumstances outlined above might find it useful to compare General Orders with the document governing their terms and conditions of employment with the relevant government agency.

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Q: How many days vacation leave are teachers entitled to?
A: According to general Order 7.3 teachers may make use of the normal school holidays unless required to remain on duty or to attend training seminars.  In any event every teacher shall be granted not less than thirty five days leave a year during school holidays.  Vacation leave will only be granted to a teacher when school is in session in exceptional circumstances by the Permanent Secretary Public Administration on the recommendation of the Chief Education Officer.

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