TUT EDU420 Session 4 - Employment of Educators

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 1 muavia@mweb.co.za Content1.  Introduction2.  Individual employment relations3.  Workplace discipline4.  Collective employment relations5.  Conclusion www.slideshare.net Search TUT EDU420 Session 3 2 1

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 2

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 3

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; 7-  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. 8 4

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; 10-  Right to strike vs depriving learners of teaching. 5

Thank You! 6

TUT EDU420 Session 4 - Employment of Educators

by Education Moving Up Cc. on Feb 26, 2012

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TUT EDU420 Session 4 - Employment of Educators Document Transcript