The application of section 17 of the Employment of Educators' Act
- Authors: Mnguni, Sihle
- Date: 2016
- Subjects: Educational law and legislation -- South Africa Labor laws and legislation -- South Africa Employees -- Dismissal of -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/11865 , vital:26999
- Description: The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.
- Full Text:
- Date Issued: 2016
- Authors: Mnguni, Sihle
- Date: 2016
- Subjects: Educational law and legislation -- South Africa Labor laws and legislation -- South Africa Employees -- Dismissal of -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/11865 , vital:26999
- Description: The purpose of this treatise is to discuss the implementation of section 17 of The Employment of Educators’ Act1 with a view to examining its shortcomings in fulfilling the requirements of fairness. Section 17 makes dismissal for transgressing any of the misconduct cases listed therein compulsory. This is so because of the use of the term “must” in its opening sentence. The Constitutional Court in Sidumo v Rustenburg Platinum Mines2 emphasizes the consideration of the totality of circumstances before the dismissal sanction is imposed by an employer. These include but not limited to the importance of the rule that has been breached to the employer; the basis of the employee’s challenge to the dismissal; the harm caused by the employee’s conduct; the effect of dismissal on the employee and the length of service. The treatise argues that in its current form section 17 of The Employment of Educators’ Act does not cater for the consideration of these circumstances set by the Constitutional Court. The study will also discuss the applicable dismissal legislation in education. The Constitution of the Republic of South Africa guarantees everyone a right to fair labour practices.3 This right is further qualified by the Labour Relations Act4 in section 185. The Labour Relations Act also has in it Schedule 8 which is a Code of Good Practice: Dismissal. The Code endorses the concept of corrective or progressive discipline5 and the need to give due consideration to certain circumstances before dismissing an employee.6 The consideration of the circumstances listed by the Constitutional Court in Sidumo v Rustenburg Platinum Mines7 and the provisions of items 3(2) and 3(6) cannot be said to be well catered for under section 17 of the Employment of Educators’ Act because of the use of the term “must”. For the principle of fair labour practices to be fully accommodated under section 17 of the Employment of Educators’ Act a need to amend it is necessary. This treatise will introduce amendments that will provide for pre-dismissal arbitration as a possible approach to ensuring full compliance for fairness in dismissals that are as a result of transgressing any of the misconduct cases listed in section 17. Other amendments suggested are aimed at realigning section 17 to other child specific legislation like the Children’s Amendment Act8 and the Sexual Offences and Related Matters Amendment Act.
- Full Text:
- Date Issued: 2016
Survival of women in law enforcement
- Authors: Badi, Yvonne Tankiso
- Date: 2015
- Subjects: Policewomen -- South Africa -- Eastern Cape , Women police chiefs -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8860 , http://hdl.handle.net/10948/d1020179
- Description: This study seeks to investigate the underlying ideologies and practices behind the perception that women who are in command positions are unable to command and control, especially those who are in the operational environment. The study was executed in the Eastern Cape Province (Eastern Cape), in Buffalo City Metropolitan Municipality (BCM). The research participants (respondents) were constituted by 33 police officers from diverse police stations within the BCM. The participants were divided according to gender, i.e. 24 females and 9 males. With regards to objectives of the study, the aim was to investigate the following issues: i) to understand factors that make women not to be accepted in their positions as SAPS' operational commanders, by their male subordinateslcolleagues and community members. ii) To understand factors that make women not to be accepted in their positions as SAPS' operational commanders, by their male subordinates/colleagues and community members, and iii) to explore strategies to utilize in making SAPS' women operational commanders, survive while managing their day-te-day respective units/components effectively and efficiently. Regarding research design, this study mainly used a qualitative research method combined with a bit of a quantitative approach. And then the data collection method involved making use of semi structured interviews to all the respondents. The results of this study show that there is still a huge difference in the number of women who are commanders compared to their male counterparts, especially in those environments that were previously regarded as male dominated. Further, despite the necessary training being provided by the SAPS to women officers, the necessary support in particular from management is still a challenge. Lastly, the argument of this study is that there is still not a fair representation of women in command positions within the SAPS, especially, in the previously male dominated environments.
- Full Text:
- Date Issued: 2015
- Authors: Badi, Yvonne Tankiso
- Date: 2015
- Subjects: Policewomen -- South Africa -- Eastern Cape , Women police chiefs -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8860 , http://hdl.handle.net/10948/d1020179
- Description: This study seeks to investigate the underlying ideologies and practices behind the perception that women who are in command positions are unable to command and control, especially those who are in the operational environment. The study was executed in the Eastern Cape Province (Eastern Cape), in Buffalo City Metropolitan Municipality (BCM). The research participants (respondents) were constituted by 33 police officers from diverse police stations within the BCM. The participants were divided according to gender, i.e. 24 females and 9 males. With regards to objectives of the study, the aim was to investigate the following issues: i) to understand factors that make women not to be accepted in their positions as SAPS' operational commanders, by their male subordinateslcolleagues and community members. ii) To understand factors that make women not to be accepted in their positions as SAPS' operational commanders, by their male subordinates/colleagues and community members, and iii) to explore strategies to utilize in making SAPS' women operational commanders, survive while managing their day-te-day respective units/components effectively and efficiently. Regarding research design, this study mainly used a qualitative research method combined with a bit of a quantitative approach. And then the data collection method involved making use of semi structured interviews to all the respondents. The results of this study show that there is still a huge difference in the number of women who are commanders compared to their male counterparts, especially in those environments that were previously regarded as male dominated. Further, despite the necessary training being provided by the SAPS to women officers, the necessary support in particular from management is still a challenge. Lastly, the argument of this study is that there is still not a fair representation of women in command positions within the SAPS, especially, in the previously male dominated environments.
- Full Text:
- Date Issued: 2015
Unfair discrimination and affirmative action in the South African Police Service
- Authors: Taylor, Nicola
- Date: 2012
- Subjects: Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , South African Police
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8693 , vital:26421
- Description: Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.
- Full Text: false
- Date Issued: 2012
- Authors: Taylor, Nicola
- Date: 2012
- Subjects: Discrimination in employment -- South Africa , Affirmative action programs -- South Africa , South African Police
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/8693 , vital:26421
- Description: Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.
- Full Text: false
- Date Issued: 2012
A study of parental participation in school governance in selected high schools : Zwelitsha Township, Province of the Eastern Cape
- Authors: Zuma, Nandipha
- Date: 2010
- Subjects: School management and organization -- Parent participation -- South Africa -- Eastern Cape , High schools -- South Africa -- Eastern Cape -- Administration
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8165 , http://hdl.handle.net/10948/1305 , School management and organization -- Parent participation -- South Africa -- Eastern Cape , High schools -- South Africa -- Eastern Cape -- Administration
- Description: This study investigates parental involvement in school governance in selected high schools in Zwelitsha, King Williams Town District in the Eastern Cape Province. The research study was conducted in three high schools in Zwelitsha Township. These schools are Nompendulo Senior Secondary, Thembalabantu High School and Xolani Senior Secondary School. Questionnaires were designed and distributed to the principals, educators and parents whose children are learners in these schools. The interview questions were designed and distributed to parents whose children are learners in these selected schools, educators and school principals and members of the school governing body from each school. Respondents were asked about the levels of parental involvement in their schools, parents’ awareness of school governance and the relationship between schools and communities. However, the objectives of the study were to: Assess parental involvement in school governance in selected high schools in Zwelitsha, King Williams Town District in the Province of the Eastern Cape; To determine the nature and extent of parental participation in school academic activities; To examine the role of parents in the school governing body; To determine measures that can be taken to encourage the participation of parents in school governance These objectives have been achieved by providing empirical evidences which shows that the levels of parental involvement in the previously disadvantaged high schools are very low. This is related to the parents’ level of education. Parents who are literate are more involved than those are illiterate. This research also reveals that high v. levels of working parents contributes to the low levels of parental involvement in school governance. Most parents in this area know nothing about school governance and those that are aware are not keen to be involved. The class structure of the society has an influence in the participation of parents in school governance. Parents’ meetings that are held on Sunday afternoon are a challenge to parents that come from the villages outside Zwelitsha because of the scarcity of transport on this day. and these situations discourage them from being actively involved in their children’s education. The study provides the factors that cause non-involvement of parents in school governance. Subsequently, the following strategies for participation of parents in school governance were given: Capacitating of parents Establishment of teacher-parent collegiality Recognition of cultural capital Establishment of parent organisations Utilisation of non-governmental organisations Establishment of centres of learning. This study also indicates the following strategies that may assist to enhance the parental involvement in school governance: Parents engagement and empowerment Co-operation between schools and parents Collaboration with other community, private and other public institutions Invitation of complaints and welcoming of criticism. In conclusion, the findings provide clear indication that the participation of parents in school governance is low. Recommendations that could assist the schools to encourage and to enhance parents to participate in school governance are given.
- Full Text:
- Date Issued: 2010
- Authors: Zuma, Nandipha
- Date: 2010
- Subjects: School management and organization -- Parent participation -- South Africa -- Eastern Cape , High schools -- South Africa -- Eastern Cape -- Administration
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8165 , http://hdl.handle.net/10948/1305 , School management and organization -- Parent participation -- South Africa -- Eastern Cape , High schools -- South Africa -- Eastern Cape -- Administration
- Description: This study investigates parental involvement in school governance in selected high schools in Zwelitsha, King Williams Town District in the Eastern Cape Province. The research study was conducted in three high schools in Zwelitsha Township. These schools are Nompendulo Senior Secondary, Thembalabantu High School and Xolani Senior Secondary School. Questionnaires were designed and distributed to the principals, educators and parents whose children are learners in these schools. The interview questions were designed and distributed to parents whose children are learners in these selected schools, educators and school principals and members of the school governing body from each school. Respondents were asked about the levels of parental involvement in their schools, parents’ awareness of school governance and the relationship between schools and communities. However, the objectives of the study were to: Assess parental involvement in school governance in selected high schools in Zwelitsha, King Williams Town District in the Province of the Eastern Cape; To determine the nature and extent of parental participation in school academic activities; To examine the role of parents in the school governing body; To determine measures that can be taken to encourage the participation of parents in school governance These objectives have been achieved by providing empirical evidences which shows that the levels of parental involvement in the previously disadvantaged high schools are very low. This is related to the parents’ level of education. Parents who are literate are more involved than those are illiterate. This research also reveals that high v. levels of working parents contributes to the low levels of parental involvement in school governance. Most parents in this area know nothing about school governance and those that are aware are not keen to be involved. The class structure of the society has an influence in the participation of parents in school governance. Parents’ meetings that are held on Sunday afternoon are a challenge to parents that come from the villages outside Zwelitsha because of the scarcity of transport on this day. and these situations discourage them from being actively involved in their children’s education. The study provides the factors that cause non-involvement of parents in school governance. Subsequently, the following strategies for participation of parents in school governance were given: Capacitating of parents Establishment of teacher-parent collegiality Recognition of cultural capital Establishment of parent organisations Utilisation of non-governmental organisations Establishment of centres of learning. This study also indicates the following strategies that may assist to enhance the parental involvement in school governance: Parents engagement and empowerment Co-operation between schools and parents Collaboration with other community, private and other public institutions Invitation of complaints and welcoming of criticism. In conclusion, the findings provide clear indication that the participation of parents in school governance is low. Recommendations that could assist the schools to encourage and to enhance parents to participate in school governance are given.
- Full Text:
- Date Issued: 2010
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