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THE UTILISATION OF VOLUNTEERS IN THE PUBLIC SERVICE

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Currently no legal authority for the engagement of ... vicarious liability by the State for any wrong doing by the volunteer. health and safety issues ... – PowerPoint PPT presentation

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Title: THE UTILISATION OF VOLUNTEERS IN THE PUBLIC SERVICE


1
  • THE UTILISATION OF VOLUNTEERS IN THE PUBLIC
    SERVICE
  • presentation to
  • EPCM STEERING COMMITTEE 4 OCTOBER 2007
  • Ms S Naidoo (DPSA)

1
2
BACKGROUND
  • Currently no legal authority for the engagement
    of volunteers within the public service and as
    such the use of volunteers within the public
    service is discouraged .

2
3
PUBLIC SERVICE AMENDMENT BILL
  • Clause 41(1)(b) of the Public Service Amendment
    Bill seeks to make provision for the Minister for
    the Public Service and Administration to make
    regulations regarding the appointment of unpaid
    voluntary workers who are not employees and their
    functions. However until such time that this
    Bill is enacted into law and the Minister issues
    such regulations, the status quo remains.

4
PRESUMPTION OF EMPLOYEE
  • Presumption contained in section 200A of the
    Labour Relations Act, 1995 - person may be deemed
    to be an employee in the event that he/she
    fulfils any one of the factors as contained in
    these provisions.
  • May be rebutted by the employer if the employer
    can prove that the contrary is applicable.
  • Failure by the employer to discharge this onus
    may place the employer in a somewhat untenable
    position. Questions may then arise
  • the benefits accruing to the volunteer
  • vicarious liability by the State for any wrong
    doing by the volunteer
  • health and safety issues
  • As regards volunteers utilised via
    Non-Governmental Organization (NGO), no
    employer/employee relationship between the
    department and the volunteer exists. A
    relationship will exist between the NGO and the
    volunteer. In this instance the presumption would
    not be applicable.

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COMMENTS AND RECOMMENDATIONS?
  • Are there cases where departments/provinces
    utilise volunteers?
  • What are the conditions when they are used
  • What indemnity requirements are put in place ?
  • Thank you!!
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