11 Appeals Against Suspension, Consequent Loss of Benefits, Termination as a Member, or as an Office Bearer

11.1 Appeal against suspension and/or consequent loss of membership benefits by a Branch Committee shall be to the National Congress Appeals Board (section 11.4) if the Branch Committee's suspension is ratified by the National Executive Committee . If the member is not satisfied with the outcome of that process the Commission for Conciliation, Mediation and Arbitration (CCMA) (as established in the Labour Relations Act No. 66 (1995)) may be approached for an Arbitration decision which shall bind both parties.

11.2 Appeal against suspension and/or consequent loss of membership benefits or termination of membership in the case of suspension or termination by the National Executive Committee shall be to the Appeals Board of the National Congress (section 11.4). If the member is not satisfied with the outcome of the process the CCMA may be approached for an Arbitration decision which shall bind both parties.

11.3 An appeal as allowed and referred to in paragraphs 11.1 and 11.2 shall be lodged within fifteen (15) working days of receipt of notification by the member. An appeal shall be lodged via the General Secretary who shall immediately refer the appeal directly to the National Congress Appeals Board and the National Secretary.

11.4 Each National Congress shall appoint a National Congress Appeals Board (NCAB) consisting of three members who are not Office Bearers or paid employees of NTESU, though those employees must provide administrative and logistical support to the Board. The method of appointment shall be by nomination and consensus. The term of office of the Board shall be from National Congress to National Congress and a member's term may not exceed two terms in total.

11.5 The National Congress Appeals Board may appoint a legal advisor when and if necessary at the expense of NTESU.

11.6 Members shall have the right to the assistance of any person or persons of their own choice to assist with defence of their appeal. Responsibility for the reasonable documented costs of such assistance shall be decided according to the final outcome of the appeal.

11.7 All proceedings under Section 11 shall be recorded on audio tape and transcribed in full from those audio tapes and both records shall be stored for a period not less than three years after the final decision of the proceedings. It shall be the responsibility of any presiding person to ensure the audio recordings are continuous and of a clear quality such that transcription is easily achieved.

11.8 The NCAB shall hear the member's appeal not more than three (3) months after the appeal is lodged with the National Secretary of NTESU through the National Administrative Office and, endeavour to come to a decision within twenty-one (21) working days or less of closure of their final hearing session.

11.9 Proceedings of the NCAB shall be according to the rules of natural justice.