TUT EDU401 session 4


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TUT EDU401 session 4

  1. 1. Tshwane University of Technology Faculty of Humanities Department of Education Studies Educational Management (EDU401T & EDU402T) Presenter: Dr Muavia Gallie (PhD) Session 4 Week: 28 Feb - 1 Mar 2011 Content1. Introduction2. Individual employment relations;3. Workplace discipline;4. Collective employment relations;5. Conclusion 1
  2. 2. Assignment 1 The Education Labour Relations Council (ELRC) sees its primary role as “maintaining labour peace within public education”. Discuss in detail their processes of dispute prevention and dispute resolution, as well as their initiatives to promote these core responsibilities within the ELRC. Individual employment relations• Defining an educators (Employment of Educators Act); “any person who teaches, 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 (perceptions, 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 ad compensation, F. service benefit awards and retirement, G. time off and secondment, H. grievance procedure, I. measures prescribed by general legislation, J. leave measures. 2
  3. 3. Individual employment relations … cont.• Terms and conditions of educators’ employment (cont.); - changes in benefits of temporary educators (p.262); - Terms of agreement in employment contract;• Educators employed by school governing bodies; - not bound by EEA or PAM; - but still covers by BCEA, sectoral agreements, LRA, OHSA, etc. - law of contract - general principles apply (formal freedom of contract, reasonable legal content, enforce agreements);• School based student educator training (expressed and implied terms); Individual employment relations … cont.• Procedures in appointments (SGB recommend appointment to HoD - ability and redress - HoD may appoint any suitable candidate on the list);• Grievances: - 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. 3
  4. 4. Workplace discipline• Demonstrating a conduct or an attitude characterised by non-compliance with rules and regulations;• Three categories of actions that may lead to fair lawful dismissal: - misconduct; - incapacity; - operational requirements (retrenchments);• Substantive fairness in dismissals - 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? Workplace discipline … cont.• Serious misconduct: - theft, bribery, fraud or act of corruption; - sexual assault; - sexual relationship; - serious assault with the intention …; - illegal possession of intoxicating, substance; - causing a learning 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; - dismissal, if relevant. 4
  5. 5. 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 Workplace discipline … cont.• No-fault discipline: incapacity and incompetence - poor work performance or incapacity; - does include extreme ill health; - should separate above from misconduct, although 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 186 © - 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; * undermining the employee through lack of communication, etc.; 5
  6. 6. 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 relationships: * 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; - right to strike vs depriving learners of teaching List of examination questions will be available by Wednesday on www.slideshare.net 6
  7. 7. Thank You! 7