Professional Documents
Culture Documents
Ges Code of Conduct
Ges Code of Conduct
COUNCIL
Republic of Ghana
CODE OF CONDUCT
FOR STAFF OF THE
GHANA EDUCATION SERVICE
i
responsibility to uphold and protect the rights of
pupils and students put in their charge.
iii
CONTENTS
ACKNOWLEDGEMENT i
TABLE OF CONTENTS iv
LIST OF ABREVIATIONS vi
PART 1: INTRODUCTION 1
PART 4. PENALTIES. 45
iv
PART 7: LEVELS OF AUTHORITY
FOR IMPOSING PENALTIES 77
PART 9: MISCELLANEOUS
DEFINITIONS 85
SIGNATURE OF AGREEMENT 99
v
LIST OF ABBREVIATIONS
vi
PSC Public Services Commission
vii
CODE OF CONDUCT FOR
STAFF OF GES
PART 1
1.0 INTRODUCTION
The Education Service provided for under
article 190 (l)(a) of the 1992 Constitution
of Ghana and as established under the
Ghana Education Service Act, 1995 (Act
506) and subsequently under Education
Act, 2008 (Act 778), is responsible for the
co-ordination and implementation of the
approved national policies and
programmes relating to pre-tertiary
education.
2
To this end, the Ghana Education Service
finds it necessary to codify certain norms
which would help achieve high standards
of competence and good behaviour.
Section 9 (e) of the Labour Act, 2003 (Act
651), enjoins the employer as a duty
bearer to, "provide and ensure the
operation of an adequate procedure for
discipline of the workers". This Code of
Conduct should not be viewed primarily
as a means of imposing sanctions, but
also designed to emphasize and
encourage improvement in individual
conduct.
4
Both girls and boys can be victims, as
well as perpetrators. Such violence can
affect the well-being of pupils/students,
putting them at greater risk of educational
failure through absenteeism, dropping
out and lack of motivation for academic
achievement. It also impacts on their
mental and physical health, resulting in
physical injury, pregnancy, sexually
transmitted infections (including HIV &
AIDS) or emotional/psychological ill
health.
5
PART 2
2.0 GENERAL DEFINITION OF
MISCONDUCT
2.1 Conduct:
i) Conduct in this context is behaviour,
attitude(s) and character exhibited,
for example by anyone within and
outside the working environment.
The standards of conduct generally
required of any member of the Ghana
Education Service (GES) would be
leadership, selflessness,
comportment, integrity, impartiality,
fairness and honesty in affecting
work and status of the profession.
Misconduct:
ii) Any act of omission without
reasonable excuse by an employee
that amounts to a failure to perform in
a proper manner any official duty
assigned to him or her as such, or that
7
which contravenes any rules,
regulations and enactment relating to
the Ghana Education Service or that
is otherwise prejudicial to the
efficient conduct of the Education
Service and brings it into disrepute
shall constitute a misconduct.
9
2.7 The Code is classified into minor and
major misconduct.
10
PART 3
3.2 Exercises
i) A teacher shall set adequate amounts
of written and practical exercises and
give homework in all subjects that
he/she teaches.
12
iv) A staff may be required to work
beyond the required time in certain
circumstances to be determined by
the head or GES and the Unions.
14
iii) No staff shall perform unofficial
duties or activities during school
hours without permission from the
head of his/her institution.
15
ii) A staff shall not use the labour of a
pupil/student in any form
whatsoever with or without the
consent of the parent during contact
hours.
16
3.8 Protection of Children from Torture and
Other Degrading Treatment
a. Physical Violence
Physical harm inflicted on
pupils/students in any form
constitutes a gross violation of the
child's rights. Consequently;
I) A n e m p l o y e e s h a l l n o t
administer any act of corporal
punishment, or any act that
inflicts physical pain on the
children or causes physical
harm to their pupils/students
such as pushing, pulling, hitting
and/or flogging.
17
iii) No employee shall punish a child to
do any work outside the classroom
during contact hours.
18
viii) An employee shall intervene to stop
a pupil/student from perpetrating
physical violence or abuse on
another pupil/student.
x) No correction of a pupil/student is
justifiable that is unreasonable in
kind or in degree according to the
age, physical and mental condition
of the pupil/student and if the child
by reason of tender age or otherwise
is incapable of understanding the
purpose of the correction.
b. Psychological Violence
i) No act of a staff shall have a negative
psychological effect on a school
child. Therefore, no staff in the
19
course of duty shall intimidate,
insult, tease, harass, threaten, snub or
discriminate against any child.
c. Sexual Violence
i) No employee shall directly or
indirectly do anything that may
constitute sexual harassment of a
pupil/student.
21
ii) Any staff who has carnal knowledge
of any female or male pupil/student
of any age, with or without his/her
consent, shall be guilty of
professional misconduct.
23
x) No staff shall publicly or in secret
wilfully commit any act of indecency
towards any pupil/student.
24
3.9 Non-Discrimination
No employee shall discriminate against a
pupil/student on the grounds of sex, race,
age, religion, disability. health status,
custom, ethnic origin, background, socio-
economic status or misunderstanding with
a parent or guardian.
25
3.11 Favouritism
No staff shall do anything that shall
suggest or create the impression that a
pupil/student is more favoured than any
other pupil/student.
26
3.15 Absence from Duty
i) No staff may leave the school/office
during working hours without the
permission of the head of the
institution.
28
iii) No staff shall use the name or
property of the Employer for
personal benefit or advantage.
29
iv) A staff shall not engage in any act that
brings the name of the Employer into
disrepute.
3.18 Postings
No staff shall refuse to accept posting.
Posting within the Service means change
of location of work or job, or in the case of
first appointment being deployed to a
specific workstation.
3.19 Transfers
A staff shall not refuse to go on transfer.
Transfer within the Service means a
change in the job or location of work of the
staff.
30
3.20 Insubordination
No staff shall in the course of his/her
duties disobey, disregard or wilfully
default in carrying out any lawful
instruction, reasonable order given by any
person, Committee or Board having
authority to give such order or instruction.
31
iii) Any infringement of Health and
Safety rules at the work place by a
staff amounts to misconduct.
iv) N o s t a f f s h a l l i n v o l v e
pupils/students directly or indirectly
in using illegal drugs.
33
v) No staff shall involve
pupils/students directly or indirectly
in drinking any alcoholic beverage
and/or in smoking any kind of
cigarette.
34
control shall be made to refund the
said money and the requisite
sanction shall apply.
35
3.29 Loan
No staff may advance any loan
whatsoever to another staff with interest
or act as an intermediary between any
staff, registered and recognized money
lender or take part in collecting debts on
behalf of any moneylender.
36
3.31 Submission of Reports and Data or
Information
It is an obligation of a staff, upon request
by a superior officer, to submit reports and
data or information timely without fail.
37
3.33 Publications
i) No staff shall give unauthorized
press interviews or releases
especially those bordering on policy
matters of the Organization.
40
ii) Any alleged criminal act or omission
by a staff outside the workplace that
renders, in the opinion of the
employer, the staff unsuitable for
his/her present job, may provide the
basis for disciplinary action.
41
3.38 Official Correspondence or Records
No staff shall show or take official
correspondence or records to private
persons, corporations, companies or other
bodies without the express and prior
consent of the Director General or his/her
representative.
42
3.40 Outside Remuneration and Voluntary
Work
A staff of the GES may provide a service
outside the permanent employment of
that staff or carry on business, receive
remuneration from public funds for
activities outside the position of the Staff
or engage in volunteer activities, if the
service, business or activity does not:
43
vi) Enable the GES staff to gain an
advantage that is derived from the
employment of the public servant
in the GES.
4.0 PENALTIES
4.1 Classification of Penalties
i) Any breach or non-observance in any
section or part thereof of any of the
foregoing rules and regulations shall
constitute a misconduct for which the
o ff e n d e r s h a l l b e l i a b l e t o
disciplinary action.
45
4.2 Category 'A' Penalty for Minor
Misconduct
i) Warning or reprimand (plus
surcharge where applicable, to be
given, in writing always for record
purposes).
v) Surcharge
46
Any of the above penalties may be
imposed on an Employee for any of the
minor misconduct, as the disciplinary
authority may consider appropriate and
desirable, in any particular case.
Part 3
Number 3.1 i, ii
Number 3.2 i, ii, iii, iv, v
Number 3.3 i, ii, iii, iv, v
Number 3.4 i, ii, iii
Number 3.5 i, ii, iii
Number 3.6
Number 3.7 i, ii, iii, iv, v
Number 3.8a i, ii, iii, iv, v, ix, x
Number 3.8b i, ii, iii, iv, viii, ix, x, xi
Number 3.8c i, xi, xiii
Number 3.9
49
Number 3.10 i, ii, iii
Number 3.11
Number 3.12
Number 3.13
Number 3.14
Number 3.15 i, vi, vii
Number 3.16 i, ii
Number 3.17 i, iv
Number 3.18
Number 3.19
Number 3.21 ii, iii
Number 3.22 ii, ii
Number 3.29
Number 3.30 i
Number 3.31
Number 3.33 i, iii
Number 3.38 i, ii
Number 3.39 ii, iii
Number 3.40 i, v, vi
Number 3.41 ii
50
4.5 Major Misconduct
The classified major acts or omissions
under misconduct are found in the
following Numbers of the Code:
51
Number 3.34 ii
Number 3.35
Number 3.36 i, il iii, iv
Number 3.37
Number 3.38
Number 3.40 ii iii, iv, v, vi
52
PART 5
53
5.1 Procedure(s) for Parents/Guardians
Reporting Criminal Gender-Based
Violations
i) The parents/guardians and the victim
shall go to the Police and make a
complaint. The staff will accompany
them, if needed.
54
v) The staff should encourage the
parents to make regular follow-ups
with the Police.
iii) T h e s t a f f s h a l l e d u c a t e
pupils/children on their rights as
stated in the United Nations
Convention on the Rights of the
Child and the Children's Act 1998
(Act 560). Staff have a responsibility
to act in the best interest of the child
and enable him/her to grow and
develop to his/her fullest potential.
56
Violence Response Committees that
give support and respond to cases of
gender-based violence that affect
children.
57
PART 6
6.1 Warnings/Reprimands:
1. There shall be warning(s), oral or
written. In either case, the
Employee should be advised, that
the warning or reprimand
constitutes the first formal stage of
the proceedings.
61
3. The final stage might be imposition
of appropriate sanction.
62
3. If the preliminary investigations
establish possible wrong-doing, the
Disciplinary Authority shall prefer a
charge against the accused Officer in
writing and where necessary, the
Attorney General's Department may
be consulted, with regard to the terms
of the charge.
64
10. The proceedings shall not exceed
three (3) months, without reasonable
cause.
65
accused officer shall also provide a
brief statement of what each witness
is expected to give or the exhibits to
be tendered.
66
16. At the discretion of the disciplinary
committee, the accused officer shall,
as much as possible, be permitted to
be present at the inquiry in person,
and if the accused officer is absent
without reasonable cause, then at the
discretion of the disciplinary
committee, the inquiry may
proceed, without the accused
officer.
67
18. The accused officer shall be allowed
to cross-examine witnesses and to
call witnesses on behalf of the
accused officer.
69
25. Disciplinary proceedings may,
however, be instituted before,
during or after trial, if the criminal
offence also amounts to an
infringement of the Organization's
rules or regulations
70
If the Employee wishes to appeal, he/she
must inform the Employer. The Employer
must then invite the Employee to a
meeting which the Employee must take all
reasonable steps to attend. After the
appeal hearing the Employer must inform
the Employee of his/her final decision.
71
3. Reduction in Rank — the removal
from the Staff's current grade to a
lower rank or grade, with reduction
in salary and other benefits.
4. Reduction in Salary—reduction in
salary whilst rank remains the
same.
5. Dismissals
An employee may be dismissed in
the following circumstances:
72
c) When misconduct of an
Employee is a breach of a
fundamental term of contract of
service (e.g. stealing of
Employer's property or money).
6. Reasonableness
Reasonableness in such cases will depend
on whether the Employer investigated the
case to establish the facts and drew tenable
conclusions from the investigations.
73
7. Removal
i) If, as a result of the operation of law,
it is not possible to continue to
employ the Employee, removal is
necessary. An example is when a
driver is banned from driving by a
court of law or when an individual is
convicted and sentenced to a term of
imprisonment for an offence
committed outside the workplace.
74
8. Interdiction
i) An Employee shall be interdicted, if
he/she is under investigation and that
his/her continued stay at post is
likely to interfere with the
investigation.
76
PART 7
7.0 LEVELS OF AUTHORITY FOR
IMPOSING PENALTIES
Basic Level
Headteacher or his/her Representative
Secondary Level
Headmaster/Headmistress or his/her
Representative
78
i) Disciplinary hearings relating to
Heads of Institutions shall be
handled by the District Disciplinary
Committees and final authorization
of sanctions shall lie with the GES
Council.
80
PART 8
81
GES staff. However, the authority
deciding the petition or appeal may, at
his/her discretion, extend the limit, if it
considers that the circumstances warrant
it.
83
8.10 An appeal shall not lie against a decision
taken, or confirmed by the President of the
Republic of Ghana, unless the
complainant considers it necessary to seek
redress in court of competent jurisdiction.
84
PART 9
9.0 MISCELLANEOUS
9.1 There shall be disciplinary committees at
the School, District, Regional, Divisional
and National levels;
85
Ÿ Assistant Head
Ÿ Departmental Head of the
Alleged Offender
Ÿ Representative of the
Governing Board
Ÿ Union Representative of the
Alleged Offender
Ÿ Secretary/Recorder
86
Ÿ District Social Welfare Officer or
his/her Representative
Ÿ Representative of DEOC
Ÿ Secretary
9.3.1 Secretary
An officer in the District Education
Office not below the rank of Assistant
Director Il, to serve as Secretary to the
Committee.
9.3.2 Quorum
Five members of the Committee,
including the District Director or his/her
Representative, shall form a quorum for a
transaction of the Committee's business.
Decisions shall be by simple majority.
87
9.4 Composition of the Regional Level
Disciplinary Committee
· The Regional Director of Education
or his/her Representative not below
the rank of Director ll.
· Representative of Regional
Coordinating Council.
· Secretary
88
9.4.1 Secretary
An officer in the Regional Education
Office not below the rank of Assistant
Director I to serve as Secretary to the
Committee.
9.4.2 Quorum
Five members of the Committee,
including the Regional Director or
his/her Representative, shall form a
quorum for a transaction of the
Committee's business. Decisions shall be
by simple majority.
Ÿ Secretary
9.5.1 Secretary
An officer at the HRMD not below the
rank of Deputy Director, to serve as
Secretary to the Committee.
90
DEFINITIONS
In this Code, unless the context otherwise
requires:
91
or that may undermine the integrity of the
Service.
92
Director, General Manager, and Director-
General, Ghana Education Service Council.
Privileged or Classified
Information/Document: — document
available to a particular employee which is
not intended to be made available to anybody,
except those who, as a right, are entitled to it.
93
School-Related Gender-Based Violence
[SRGBV]: - school-related gender-based
violence refers to all forms of gender-based
violence perpetrated against school going
girls and boys, which results in their sexual,
physical or psychological harm.
94
Such violence can affect the well-being of
students, putting them at greater risk of
educational failure through absenteeism,
dropping out and lack of motivation for
academic achievement. It also impacts their
mental and physicai health, resulting in
physical injury, pregnancy, sexually
transmitted infections (including HIV &
AIDS) or emotional/psychological ill health.
Posting/Transfers
Postings:
No staff shall refuse to accept posting.
Posting within the Service means change
of location of work or job, or in the case of
first appointment, being deployed to a
specific workstation.
95
Transfers:
A staff shall not refuse to go on transfer.
Transfer within the Service means a
change in the job, or location of work of
the staff.
96
b) Human Resource Management
Policy Framework and Manual for
the Ghana Public Services, Public
Services Commission (2015).
98
WITNESS ONE (1) SIGNED ON
BEHALF OF TEACHER UNIONS
(GNAT, NAGRAT & CCT, G)
NAME:
SIGNATURE:
TITLE (DESIGNATION):
DATE:
OFFICIAL SEAL:
99
WITNESS TWO (2): TEACHERS AND
EDUCATIONAL WORKERS UNION (TEWU)
NAME:
SIGNATURE:
TITLE (DESIGNATION):
DATE:
OFFICIAL SEAL:
100