This document provides an overview of employment relations for educators in South Africa. It discusses individual employment contracts and terms/conditions for educators, workplace discipline procedures that must be fair and lawful, and collective bargaining through organizations. Dr. Muavia Gallie from Tshwane University of Technology presented on employment of educators, covering individual rights and responsibilities, grievance processes, serious vs. less serious misconduct consequences, and requirements for fair dismissal procedures. Collective employment was also reviewed regarding freedom of association, bargaining councils, and regulated rights to strike.

1. Tshwane University of Technology
Faculty of Humanities
Department of Education Studies
Education Management 4
- Session 4 -
Employment of Educators
Presenter:
Dr Muavia Gallie (PhD)
27-28 February 2012
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muavia@mweb.co.za
Content
1. Introduction
2. Individual employment relations
3. Workplace discipline
4. Collective employment relations
5. Conclusion
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2. Individual Employment Relations
• Defining an educator (Employment of Educators Act) – “any person who
teachers, educates or trains …”
• Rights and duties of employers and employees (p.258)
- Right of educators to physical safety (Occupational Health and Safety
Act);
- Right of educators to psychological safety (perception, well-being);
- Right of educators to protection against sexual harassment;
• Terms and conditions of educators’ employment contracts (individual
teachers don’t sign an employment contract);
- Regulations (87 pages);
- Personnel Administration Measures (PAM) (over 100 pages) – A.
Workload, duties and rank designations; B. Qualifications, advertising and filling of posts; C.
Development appraisal; D. Allowances and per-hour remuneration of educators; E. Public
examinations – duties, remunerations and compensation; F. Service benefit awards and
retirement; G. Time off and secondment; H. Grievance procedure; I. Measures prescribed by
general legislation; J. Leave measures.
Individual Employment Relations … cont.
• Terms and conditions of educators’ employment
(cont.):
- Changes in benefits of temporary educators (p.262);
- Terms and agreement in employment contract;
• Educators employed by school governing bodies:
- Not bound by EEA and PAM;
- But still covered by BCEA, Sectoral agreements, LRA,
OHSA, etc.
- Law of contracts – general principles apply (formal
freedom of contract, reasonable legal content, enforce
agreement);
• School based student educator training (expressed
and implied terms). 4
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3. Individual Employment Relations … cont.
• Procedures in appointments (SGB recommend
appointment to HoD – ability and redress – HoD
may appoint any suitable candidate on the list);
• Grievance:
- Step 1: Resolve grievance through an informal oral
interview with all parties present (no record needed);
- Step 2: Lodge grievance in writing with Head or
Supervisor, within a reasonable period of time, but not
later than 90 calendar days;
- Step 3: Head should attend to grievance within 3 days of
receipt of document, and communicate the outcome to
relevant office of Provincial department;
- Step 4: Not satisfied, escalate grievance to Region or
District office. 5
Workplace Discipline
• Demonstrating a conduct or an attitude characterised
by non-compliance with rules and regulations;
• Three categories of action that may lead to fair lawful
dismissal:
- Misconduct;
- Incapacity;
- Operational requirements (retrenchments);
• Substantive fairness in dismissal:
- 1. Does a rule of conduct exist?
- 2. Is it valid and reasonable?
- 3. Is the employee aware?
- 4. Was the rule contravened?
- 5. Is the rule consistently applied?
- 6. Is the dismissal an appropriate sanction? 6
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4. Workplace Discipline … cont.
• Serious misconduct:
- Theft, bribery, fraud and act of corruption;
- Sexual assault;
- Sexual relationship;
- Serious assault with the intention …;
- Illegal possession of intoxication, substance;
- Causing a learner to do the above.
• Not serious – may lead to following sanctions:
- Counselling;
- Verbal warning;
- Written warning;
- Final written warning;
- Fine;
- Suspension without pay;
- Demotion;
- Combination of sanctions above;
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- Dismissal, if relevant (must be both substantive and procedurally fair).
Workplace Discipline … cont.
• Procedural fairness in dismissals (p.270):
- Discipline must be applied in a prompt, fair, consistent and just
manner;
- Disciplinary code and procedures for education offers
following steps or processes:
• In cases of less serious misconduct;
• In cases of serious misconduct;
• When suspension is considered;
• When conducting a disciplinary hearing;
• After disciplinary hearings;
• When appeals are considered.
• Just Administrative Action:
- Everyone has the right to administrative action that is lawful,
reasonable and procedurally fair (Constitution – Section 33);
- Comes from Common Law on rules of natural justice.
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5. Workplace Discipline … cont.
• No-fault discipline: Incapacity and Incompetence
- Poor work performance or incapacity;
- Does include extreme ill health;
- Separate above from misconduct, although it could be linked;
- The employer must investigate, in ill health or injury, the
possibility of:
• Securing alternative employment for the educator;
• Adapting the duties or work circumstances;
• Consider termination with effect from a determined date.
• Constructive dismissal
- LRA, Section 186c – where an employee terminated a contract
of employment with or without notice because the employer
made continued employment intolerable for the employee:
• Assign duties outside the capacity of employee;
• Not providing the necessary tools to perform the work; 9
• Undermining the employee through lack of communication, etc.;
Collective Employment Relations
• Constitution Section 23 – fair labour practice,
worker right, employer right;
- Freedom of association;
- Right to strike;
- LRA, Section 11.63 – collective bargaining relationship:
• Organisational rights;
• Collective agreements;
• Bargaining councils;
• Bargaining council in the public service;
• Statutory councils;
• General provisions concerning councils.
• Strikes and Lockouts
- Is not an absolute right – exercise under certain controlled
conditions;
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- Right to strike vs depriving learners of teaching.
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6. Thank You!
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