Lesson 15 - Employment of Educators Act (1).pptx

Education Law & Policy: Employment of Educators Act WEEK 5: LESSON 15  Employment of Educators Act “To provide for the employment of educators by the State, for the regulation of the conditions of service, discipline, retirement and discharge of educators and for matters connected therewith.”...

Education Law & Policy: Employment of Educators Act WEEK 5: LESSON 15  Employment of Educators Act “To provide for the employment of educators by the State, for the regulation of the conditions of service, discipline, retirement and discharge of educators and for matters connected therewith.”  Chapters 1. Interpretation and application 2. Conditions of service and educator establishment 3. Appointments, promotion and transfers 4. Termination of services 5. Incapacity and misconduct 6. SACE 7. General  Chapter 1 - Interpretation and Application “educator” means any person who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and education psychological services, at any public school, departmental office or adult basic education centre and who is appointed in a post on any educator establishment under this Ac “employer” in relation to an educator in the service of a PED, means the Head of Department (Head of Department shall be the employer of educators in the service of the provincial government)  Chapter 2 - Conditions of Service and Educator Establishment Salaries and conditions of service: The Minister shall determine the salaries and conditions of service of educators based on ranks and grades Educator establishments: Posts are created by the MEC based on norms prescribed for provisioning posts.  Post Provisioning Each school every year is allocated a basket of teaching posts. The process to establish the post establishment (the number of teaching posts the school is entitled to) begins with the amount that has been budgeted for teacher salaries in the province. This is then divided by the average teachers cost. This gives the province the total number of teachers that they could afford. ¿ 25 000 Total number of R10 000 000 000 Salary budget teaching posts R400 000 Ave teacher salary  Next steps 900 000 Learners in the province 36 Learner teacher ratio ¿ 25 000 Number of teaching posts (LTR) At school level = 20 Number of teaching post 720 Learners in the school at the school 36 Learner teacher ratio In the basic model, a school with 720 learners will be entitled to 20 teaching posts. The LTR is 1 teacher for every 36 learners. If the school enrolment goes up to 756, the school would be eligible for an additional teacher. Post provisioning (weighted learners) The number of learners with special education needs The number of grades each school caters for The subjects offered by a particular school.  The actual formula is a bit more complicated but these are the main factors  Chapter 3 Appointments, Promotions, and Transfers Powers of the employers: appointments, promotions and transfers made by the HoD. Can only be made on the recommendation of SGB. HoD can decline recommendation  Procedures not followed  Candidate does not comply with requirements  Undue influence  Chapter 3 Appointments, Promotions, and Transfers In considering applications, SGBs must take into account: Ability of candidate The need to address the imbalances of the past in order to achieve broad representation Permanent capacity (with/ without a period of probation) Temporary capacity  Chapter 4 - Termination of Service  Retirement:  65 years, early retirement at 55 years  Discharge of educators from service: On account of ill-heath/ Medical boarding Discharge of educator on probation( Cannot be discharged if diligent, conduct is uniformly satisfactory, educator is suitable for the post, and has complied with conditions of service.  Deemed to be discharged: Absent form work for 14 consecutive days without permission Assumes another position while absent form work without permission 3 months notice  Chapter 5 - Incapacity and Misconduct Serious Misconduct If its alleged that an educator committed an act of serious misconduct, disciplinary proceedings must be instituted An educator must be dismissed if he or she is found guilty of 1. Theft, bribery, fraud, act of corruption ito exams of reports 2. Committed act of sexual assault on learner, student or other employee; 3. Having a sexual relationship with a learner of the school where he or she is employed; 4. Seriously, assaults with intention to cause grievous bodily harm, a learner, student, or other employee 5. Illegal possession of an intoxicating, illegal … substance 6. Causes a learner to perform any of the acts above.  Misconduct Section 18 of the EEA: (1) An educator commits misconduct of he/ she: (a) fails to comply with/ contravenes the EEA or any other law or regulation relating to education & the employment relationship (b) wilfully or negligently mismanages the finances of the State, a school or an adult learning centre; (c) without permission possesses or wrongfully uses the property of the State, a school, an adult learning centre, another employee or a visitor; (d) wilfully, intentionally or negligently damages or causes loss to the property of the State, a school or an adult learning centre; (e) in the course of duty endangers the lives of himself or herself or others by disregarding set safety rules or regulations;  (f) unjustifiably prejudices the administration, discipline or efficiency of the Department of Basic Education, an office of the State or a school or adult learning centre; (g) misuses his or her position in the Department of Basic Education or a school or adult learning centre to promote or to prejudice the interests of any person; (h) accepts any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the employer (i) fails to carry out lawful order or routine instruction without just or reasonable cause; (j) absents him/ herself from work without a valid reason or permission; (k) unfairly discriminates against other persons on prohibited grounds (l) performs poorly or inadequately for reasons other than incapacity (m) without the written approval of the employer, performs work for compensation for another person or organisation either during or outside working hours (n) without prior permission of the employer accepts or demands in respect of the carrying out of or the failure to carry out the educator’s duties, any commission, fee, pecuniary or other reward to which the educator is not entitled by virtue of the educator’s office, or fails to report to the employer the offer of any such commission, fee or reward (o) without authorisation, sleeps on duty; (p) while on duty, is under the influence of an intoxicating, illegal, unauthorised or stupefying substance, including alcohol; (q) while on duty, conducts himself or herself in an improper, disgraceful or unacceptable manner ; (r) assaults or attempts to or threatens assault, another employee or another person;  Misconduct  (s) incites other personnel to unprocedural and unlawful conduct;  (t) displays disrespect towards others in the work-place or demonstrates abusive or insolent behaviour;  (u) intimidates or victimises fellow employees, learners or students;  (v) prevents other employees from exercising their rights to freely associate with trade unions in terms of any labour legislation;  (w) operates any money-lending scheme for employees for his or her own benefit during working hours or from the premises of the educational institution or office where he or she is employed;  (x) carries or keeps firearms or other dangerous weapons on State premises, without the written authorisation of the employer;  (y) refuses to obey security regulations;  (z) gives false statements or evidence in the execution of his or her duties;  Misconduct  (aa) falsifies records or any other documentation;  (bb) participates in unprocedural, unprotected or unlawful industrial action; (cc) fails or refuses to –  (i) follow a formal programme of counselling as contemplated in item 2(4) of Schedule 1;  (ii) subject himself or herself to a medical examination as contemplated in item 3(3) of Schedule 1 and in accordance with section 7 of the Employment Equity Act, 1998 (Act No. 55 of 1998); or  (iii) attend rehabilitation or follow a formal rehabilitation programme as contemplated in item 3(8) of Schedule 1;  (dd) commits a common law or statutory offence; (ee) commits an act of dishonesty; or (ff) victimises an employee for, amongst others, his or her association with a trade union.  Disciplinary measures If its alleged that an educator committed misconduct, disciplinary proceedings must be instituted. If an educator is found guilty of misconduct, the employer may impose a sanction of: (a) counselling; (b) a verbal warning; (c) a written warning; (d) a final written warning; (e) a fine not exceeding one month’s salary; ( f ) suspension without pay for a period not exceeding three months; (g) demotion; (h) a combination of the sanctions referred to in paragraphs (a) to ( f ); or (i) dismissal, if the nature or extent of the misconduct warrants dismissal.  Regulations  Terms and conditions of employment of educators  Medical aid, housing subsidy, allowances, leave,  Creation of educator posts in PED and distribution of such posts  Personnel Administrative Measures (PAM)  Job descriptions ) CONDITIONS OF SERVICE : Pension Employees contribute 7,5% of gross monthly salary to the Government Employees Pension Fund. The employer’s contribution is 13% of salary. Medical assistance GEMS members (monthly subsidy) with effect from 1 January 2017: Housing Allowance Leave Annual leave Sick Leave Employees qualify for 36 working days leave in a 3 year cycle Maternity leave Employees are entitled to 4 consecutive calendar months’ paid maternity leave. Family responsibility and Urgent Private Affairs leave Service Bonus  South African Council of Educators Act (SACE) This Act applies to all educators at schools, lecturers and management staff of colleges (includes FET institutions and adult learning centres) Some of the main powers & duties of the South African Council for Educators:  To provide for the registration of educators;  To promote the professional development of educators (which includes Advising the Minister on matters relating to the education and training of educators;  To set, maintain, review and protect ethical and professional standards for educators, by means of the functioning of the council  Must determine and collect fees payable to the Council  Advise the Minister on a matter that the Minister requests or on any relevant educational aspect  SACE Code of Professional Ethics  The Educator and the Learners  The Educator and the Parent  The Educator and the Community  The Educator and his/her Colleagues  The Educator and the Profession  The Educator and his/her Employer  The Educator and the Council  SACE Disciplinary Procedure  Must be read with the SACE Act - to provide for a fair procedure governing the investigation and hearing of alleged breaches of the code of ethics for educators  Lodge complaints with the Council  Investigation of alleged breaches (whether or not a complaint has been lodged)  Disciplinary hearings into alleged breaches (must be procedurally fair)  Educator will receive a summons  Disciplinary hearing is similar to a trial - adversarial (plea, hearing of evidence, witnesses, cross-examining of witnesses, legal representation)  Disciplinary panel must make a recommendation on whether a not there has been a breach  SACE Disciplinary Procedure The Disciplinary Committee may impose the following sanctions on an educator found in breach of the Code:  Caution or reprimand  A fine not exceeding one month’s salary  The removal of the educator’s name form the register for a certain period or indefinitely  A combination of the above.  (Pending the outcome f the disciplinary hearing, the Council may request that the employer immediately suspend an accused educator where a suspension would be in the best interests of learners.  There is an appeal process. Independent jurisdiction and separate disciplinary processes  Teachers charged with misconduct may be subject to separate independent hearings conducted by:  The employer  The South African Council for Educators  The State (criminal justice system) - if a common law or statutory crime Thank you