- Title
- The legal consequences of migration of public Further Education and Training college employees to the Department of Higher Education and Training
- Creator
- Coetzer, Louwrens Stefanus Daniel
- Subject
- College personnel management -- South Africa
- Subject
- Education, Higher -- South Africa -- Administration
- Subject
- Educational change -- South Africa
- Date Issued
- 2016
- Date
- 2016
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/6983
- Identifier
- vital:21189
- Description
- Staff, previously employed by Public Technical and Vocation Education and Training (TVET) Colleges, migrated (transferred) to the Department of Higher Education and Training (DHET) in terms of Section 197 of the Labour Relations Act. This treatise investigates the legal consequences of the migration of the staff from the fifty (50) TVET Colleges to DHET and focuses on the different categories of staff. The conditions of service of all the categories of staff before migration are compared with that after the migration. Meaningful recommendations are made about negotiations that should take place in the respective bargaining chambers in order to ensure a smooth transition that will prevent unnecessary legal consequences in future. The treatise furthermore analyses the legal consequences of staff, employed by temporary employment services to perform outsourced functions at TVET Colleges, who did not migrate to DHET. The legal implications of these members of staff is debated and evaluated. The treatise also discusses the performance management system and the changes from the integrated quality management system of lecturers to the performance management development system of public servants. TVET Colleges absorb the employment costs (as a separate employer) to ensure that there is growth in the Full Time Equivalents of Ministerial programmes, funded by DHET. The treatise makes meaningful recommendations to the new employer (DHET) with regard to the appointment of staff to conduct ministerial programmes and the overtime remuneration of current staff that willingly agree to work overtime but are not fairly remunerated by DHET. The treatise also considers the second phase of the migration process, namely the development of a blueprint organogram and the development of job descriptions for the different functions identified on the organogram. The process should ideally be followed by a restructuring process where staff are placed in identified functions and must be capacitated to perform the functions adequately. This process will ensure alignment of functions in the fifty TVET Colleges. Finally, the treatise notes the issue of workplace discipline at the TVET College and the definition of the workplace. It offers a proposal to the DHET to negotiate with the unions about defining the workplace as this has a legal consequence for attaining the objective of sound labour relations. It make meaningful recommendations about the overlapping regulatory requirements applicable to the TVET College as a legal person and DHET as an employer.
- Format
- vii, 97 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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NMMU Department of Mercantile Law
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