I have been denied access to a prefessional body allthoug I am more than qualified and have enough experience, the professional bodies have structured their by-law in such a manner that one can only obtain access through a candite ship done at an associate or fellow member?
I have sent an appeals letter trying the body to re-visit the by-law and reconsider my application, this failed.
Hi There - was there anything further I could assist you with?
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Hi There - my answer hasnt been accepted yet. Please let me know if there is anything further I can assist you with. Regards
The basis of refusal is that the By-law states that memebership can only be obtained by doing 1 year candidate membership through an associate or fellow member of the institution. I feel that this bylaw is discremenating against qualified professionals as myself. The current Bylaw in essence denies any-one membership except if you do a candidate membership through an associate or fellow member. According to me this is against the descriminations act of SA.
Hi - the obvious question then is how did the first member become a member because he wouldn't have had anyone to serve under? Please let me know what industry, what association and what by law you are referring to so I can look into this for you. There has to be another angle here. Regards
The association is the Institute of Loss Adjusters, insurance industry. If I applied for membership before march this year I would have qualified, the institute however amended their bylaw in march this year. I have been working as a loss adjuster at Santam for 11 years and has a total of 13 years experience as a loss aduster, I have also obtained an NQF 5 qualification. If you check the By-laws of the Institute of Loss adjuster you will that membership can now only be obtained trough candidate membership. I googled the unfair discrimination and found a copy of the discriminations act of South Africa online, the document said it is "a section 75 bill published in goverment gazette no 20572 of 25 October 1999. To give effect to section 9(4) read with item 23 (1) of Schedule 6 to the constitution of The Republic of South Africa."
Let me look into this and revert.
Hi - Ive just looked at the by-laws - have you ever been registered with the association in the past? They talk about elevation but it doesn't specifically say that in order to qualify for elevation to Associate you have to have been a member (candidate). There surely has to be a way to apply for an exemption in light of the specifics of your case?
No I have appealed the decision and have spoken to another applicant today who also has many years experience and an ACII qualification he has appealed twice but the executive committee has denied the membership, there reason being that we need to complete a candidate membership. I was thinking of writing another letter claiming discrimination and if they still do not want to accpet my application, I will then have to refer the matter to a court for a decision, the problem lies in the fact that most insurance companies require membership to this body as a conditions for work.
I think you have every right to appeal. Why not apply for registration and elevation at the same time?
All areas of commercial and contract Law - specialist in property advice.
You can not apply for elevation and registration at the same time, only registration. Appeals will not help, I will have to take a more firm and direct approach. I am therefore planning to write a letter stating my case and that I will be refering it to a equality court if they do not grant the membership.
maybe even the competition commission. I have to say I'm with you on this one. It doesn't make any sense at all. Good Luck and keep me posted.
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