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Chapter 12

PERSONNEL MATTERS

12.7 EDUCATOR: TERMINATION OF SERVICE

12.7.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Employment of Educators Act 76 of 1998,Chapter 4 [EEA]

 

GUIDELINES

  • Personnel Administration Measures [PAM]

KwaZulu-Natal

CIRCULARS

  • KZN HRM Circular No 24 of 2015: Timeous Processing of Employee exiting the system [Reference B4 24/2015]

Limpopo

GUIDELINES

  • Limpopo Procedure Manual for Terminations [See Reference B5 LIM TERMINATION]
  • Limpopo Absconding Employees [See Reference B5 LIM ABSCOND]

12.7.2Framework for the Development of School Policy on Educators: Termination of Service

(See Employment of Educators Act Chapter 4 EEA)

See also Reference List C [PRINCIPALS]

  1. Retirement
    • An educator shall have the right to retire, and shall be so retired, on the day on which the educator attains the age of 65 years.
    • An educator who attains the age of 65 after the first day of a month shall be deemed to have attained that age on the first day of the following month.
    • An educator who was in employment immediately before 2 September 1994 in terms of a law repealed by the Educators’ Employment Act, 1994 (promulgated under Proclamation No. 138 of 1994), shall have the right to retire on or after attaining the retirement age applicable to the educator immediately before the said date.
    • An educator shall have the right to retire on or after attaining the age of 55 years.
    • The employer may, at the request of an educator, allow the educator to retire before attaining the age of 55 years, if the employer is of the opinion –
      • that sufficient reason exists therefore; and
      • that the retirement will be to the advantage of the State.
    • An educator –
      • who was in employment immediately before 1 May 1996; and
      • who, without interruption of service, has completed a period of ten years continuous pensionable service in terms of the pension law applicable to the educator; and
      • who has attained the age of 50 years, shall have the right to retire.
  2. Discharge of educators
    • The employer may discharge an educator from service –
      • on account of continuous ill-health;
      • on account of the abolition of the educator’s post or any reduction in, or reorganisation or readjustment of the post establishments of, departments, schools, institutions, offices or centres;
      • if, for reasons other than the educator’s own unfitness or incapacity, the educator’s discharge will promote efficiency or economy in the department, school, institution, office or centre in which the educator is employed, or will otherwise be in the interest of the State;
      • on account of unfitness for the duties attached to the educator’s post or incapacity to carry out those duties efficiently;
      • on account of misconduct;
      • if the educator was appointed in the post in question on the grounds of a misrepresentation made by the educator relating to any condition of appointment; and
      • if, in the case of an educator appointed on probation, the educator’s appointment is not confirmed.
    • Discharge of educators appointed on probation
      If it is not desirable to confirm the appointment, transfer or promotion of an educator on probation, the employer may –

      • extend the period of probation of the educator; or
      • after reasonable notice to the educator, discharge the educator from service upon the expiry of the period of probation or any extension thereof.
    • No appointment, transfer or promotion on probation may be extended, and no educator who is serving on probation may be discharged from service, if –
      • the educator has been diligent;
      • the educator’s conduct has been uniformly satisfactory;
      • the educator is in all respects suitable for the post which the educator holds; and
      • the educator has complied with all the conditions applicable to the educator’s appointment, transfer or promotion.
    • An educator whose transfer or promotion on probation is not confirmed and who immediately before such transfer or promotion was an educator, other than an educator on probation, shall be transferred to the post formerly held by that educator, or to a post of equivalent grading.
  3. Certain educators deemed to be discharged
    • An educator appointed in a permanent capacity who –
      • is absent from work for a period exceeding 14 consecutive days without permission of the employer;
      • while the educator is absent from work without permission of the employer, assumes employment in another position;
      • while suspended from duty, resigns or without permission of the employer assumes employment in another position; or
      • while disciplinary steps taken against the educator have not yet been disposed of, resigns or without permission of the employer assumes employment in another position, shall, unless the employer directs otherwise, be deemed to have been discharged from service on account of misconduct, in the circumstances where –
      • paragraph (i) or (ii) is applicable, with effect from the day following immediately after the last day on which the educator was present at work; or
      • paragraph (iii) or (iv) is applicable, with effect from the day on which the educator resigns or assumes employment in another position, as the case may be.
    • If an educator who is deemed to have been discharged under paragraph (i) or (ii) at any time reports for duty, the employer may, on good cause shown and notwithstanding anything to the contrary contained in this Act, approve the re-instatement of the educator in the educator’s former post or in any other post on such conditions relating to the period of the educator’s absence from duty or otherwise as the employer may determine.
  4. Resignations
    • An educator may resign by giving 90 days’ notice in writing or such shorter notice as the employer may approve at the request of the educator.
    • If the name of an educator is struck off the register of educators kept by the South African Council for Educators, the educator shall, notwithstanding anything to the contrary contained in this Act, be deemed to have resigned with effect from the day following immediately after the day on which the educator’s name was so struck of.
  5. Termination because of misconduct
    In cases of misconduct and possible disciplinary procedures, Principals and School Governing Bodies are referred to the process as described in the South African Council of Educators Act 31 of 2000 [EEA].