24 Definitions

Unless otherwise indicated in the text the following shall have the meaning:

Branch

any grouping of ten (10) or more individuals who have joined NTESU and have applied collectively to the National Executive Committee for a Certificate of Compliance in the prescribed manner.

Branch Committee

a group of individuals who have been elected by the members of a Branch to be the Office Bearers of that Branch and perform the functions of leading, co-ordinating and administering the affairs of the organisation at Branch level.

co-option

in this context when any Office Bearers committee elects to invite the inclusion of a member of NTESU on that committee in order to replace a vacancy or to provide some expertise not existent on that committee.

day

a calendar day not expressly termed a working day

shall include ordinary members voting or participating in meetings at Branch level where the context refers a Branch Rule to this main body of this Constitution.

employee, person employed

any person employed in an employer - employee relationship under contract to do work for remuneration in any capacity in the tertiary education sector.

employer, the employer bodies

any institution or individual employing people under any contract to do work for remuneration, including the State and its Provincial instruments; any federation or grouping of such employers whether registered as such with the Registrar (Labour Relations) in the Department of Labour or not.

General Secretary

any person employed in an employer - employee relationship to do work for remuneration as within the powers of the National Office Bearers and in terms of Section 7.15 of this Constitution and performing any function as directed by the National Secretary, the National Office Bearers or a National Congress resolution or motion, and who will act on behalf of NTESU at such meetings, conferences, seminars or at any other time as delegated by the National Office Bearers, National Executive Committee or a National Congress.

gross misconduct in managing the affairs of the organisation

 shall include but not be limited to:

bringing the name of NTESU into disrepute;

conviction of committing a criminal act;

deliberately attempting or collaborating in attempting to undermine or terminate the activities of NTESU;

defrauding the organisation.

any member or Branch of the organisation that is in arrears with subscription payments; under suspension or disciplinary penalty; or, has had any right or privilege withdrawn by any Office Bearers committee or the National Congress to the extent of being declared not in good standing.

majority, simple majority and majority vote

where the result of a ballot or voting process shows 50 percent plus one or more votes cast in favour of the motion, resolution or issue being voted on.

member, members, membership

any person who has met the requirements of sections 8 and 12 and has been issued with a membership card by the National Secretary, including any group of such persons.

membership benefits

any right to representation; any right claimable in terms of any collective agreements reached by the organisation or its Branches and participation in the benefit of such agreements; any privilege to participate in discount or loan schemes arranged by the organisation or its Branches; any other privileges, benefits or rights negotiated and achieved by NTESU or its Branches.

National Office Bearer, Office Bearer

any person elected to a position of trust and placed in control of any part, or all, of the organisation and its activities on behalf of the membership in terms of section 7 of this Constitution and/or in terms of any Branch Rules.

National Organiser

any person employed in an employer - employee relationship to do work for remuneration as within the powers of the National Office Bearers and in terms of section 7.15 of this Constitution and performing any function as directed by the National Secretary, the General Secretary (if one has been appointed), the National Office Bearers or a National Congress resolution or motion.

National Administrative Office Staff

any person or persons employed in an employer - employee relationship to do work for remuneration in the National Administrative Office as within the powers of the National Office Bearers and in terms of section 7.15 of this Constitution and performing any function as directed by the National Secretary or the General Secretary (if one has been appointed).

National Administrative Office

the environs listed in section 23 and any other office environment as might be rented or purchased for the purposes of housing the National Administrative Staff or part thereof.

new member

any person who was not at the inception of the organisation a member of the Union of Democratic University Staff Associations or, any person who has not previously been admitted to membership of NTESU and who has not previously held a membership card or, any person who belongs to an existing staff organisation in the tertiary education sector which is seeking admission as a Branch to NTESU under section 13 and which has not previously held a Certificate of Compliance.

Office bearer, trade union representative

shall have, or also have, the meaning defined in the Labour Relations Act No. 66 (1995).

 related institutions

any institution of learning, teaching or research which operates within the educational sector defined as post-secondary or, higher education, which may be a private or state funded unit and, which may or may not be controlled or regulated by or through the national or provincial Departments of Education and any relevant Act of Parliament governing the activities of those departments and higher education in general.

tertiary education sector

any learning, teaching or research structure which is post-secondary or defined as, or related to, higher education by consensus or in terms of any Act of Parliament governing education in South Africa.

Trade Union Representative

shall have the same definition as "trade union representative" in the Labour Relations Act No. 66 (1995).

working day

a day which is not a statutory public holiday and is not a Saturday or Sunday.