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Chapter 3: Appointments, Promotions, and Transfers

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20 Questions

What is a reason for the Head of Department (HoD) to decline a recommendation for an educator?

The candidate does not comply with requirements

What is one of the factors that School Governing Bodies (SGBs) must consider when evaluating applications?

The need to address the imbalances of the past

At what age can an educator retire early?

55 years

What is one of the grounds for discharging an educator from service?

Ill-health or Medical boarding

What is the minimum number of days an educator must be absent from work without permission to be deemed discharged?

14 consecutive days

What is one of the acts of serious misconduct that can lead to an educator's dismissal?

Theft, bribery, or fraud

What is the main purpose of the South African Council for Educators?

To set, maintain, review and protect ethical and professional standards for educators

What happens to an educator found in breach of the Code of Ethics?

The Disciplinary Committee may impose a sanction on the educator

What is the purpose of the SACE Disciplinary Procedure?

To provide a fair procedure governing the investigation and hearing of alleged breaches of the Code of Ethics

What is the role of the Disciplinary Panel in the SACE Disciplinary Procedure?

To make a recommendation on whether a breach of the Code has occurred

What is the period of time for which the removal of an educator's name from the register can be imposed?

For a certain period or indefinitely

What is the role of the South African Council for Educators in the professional development of educators?

To promote the professional development of educators

How does the SACE Code of Professional Ethics relate to the educator's relationships?

It sets out the relationships between the educator and learners, parents, community, colleagues, profession, and employer

What is the purpose of the investigation of alleged breaches of the Code of Ethics?

To determine whether a breach of the Code has occurred and to gather evidence

What is an example of misconduct according to Section 18 of the EEA?

Failing to carry out lawful orders without just or reasonable cause

What is an educator not entitled to do without written approval from the employer?

Performing work for compensation for another person or organisation

What is an example of misconduct that relates to an educator's behaviour towards others?

Displaying disrespect towards others in the workplace

What is an educator not allowed to do during working hours?

Operate a money-lending scheme for employees

What is an example of misconduct related to an educator's use of property?

Without permission, possessing or wrongfully using the property of the State or an educational institution

What is an educator not allowed to do without prior permission from the employer?

Accept or demand any commission, fee, or pecuniary or other reward

Study Notes

Appointments, Promotions, and Transfers

  • Head of Department (HoD) can decline recommendation due to procedures not being followed, candidate not complying with requirements, or undue influence.
  • In considering applications, School Governing Bodies (SGBs) must take into account the ability of the candidate and the need to address past imbalances to achieve broad representation.

Termination of Service

  • Retirement age is 65 years, with early retirement possible at 55 years.
  • Discharge of educators from service can occur due to ill-health or medical boarding, or if an educator on probation is deemed unsuitable for the post.
  • An educator can be deemed discharged if they are absent from work for 14 consecutive days without permission, assume another position without permission, or fail to provide 3 months' notice.

Incapacity and Misconduct

  • Serious misconduct includes theft, bribery, fraud, corruption, sexual assault, assault with intention to cause grievous bodily harm, illegal possession of substances, and causing a learner to perform any of these acts.
  • Misconduct, as outlined in Section 18 of the Employment of Educators Act (EEA), includes failing to comply with or contravening the EEA or other laws, mismanaging finances, possessing or using property without permission, and more.

South African Council of Educators (SACE)

  • The SACE Act applies to all educators, lecturers, and management staff at schools, colleges, and adult learning centers.
  • The main powers and duties of SACE include registering educators, promoting professional development, setting and maintaining ethical and professional standards, and advising the Minister on educational matters.

SACE Code of Professional Ethics

  • The Code outlines the educator's responsibilities towards learners, parents, the community, colleagues, the profession, employer, and the Council.

SACE Disciplinary Procedure

  • The procedure provides for a fair investigation and hearing of alleged breaches of the Code of Ethics.
  • Complaints can be lodged with the Council, and investigations may be conducted even if no complaint has been lodged.
  • Disciplinary hearings must be procedurally fair, and the educator will receive a summons.
  • The Disciplinary Committee may impose sanctions on an educator found in breach of the Code, including a caution, fine, removal from the register, or a combination of these.

This quiz covers the procedures and considerations for appointments, promotions, and transfers in an organization, including the role of the Head of Department and the importance of addressing past imbalances.

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