Tag: Employment of Educators Act 1998
Disciplinary process considered: Simple factual dispute?
SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...
Read MoreWrongful omissions considered: Delictual claim refused
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Read MoreResignation deemed dismissal: HC lacks jurisdiction
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Read MoreDeemed dismissal requirements: Automatic reinstatement
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Read MoreSupport staff excluded: Beyond Council’s jurisdiction
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Read MoreDelayed disciplinary process: Inordinate delay is unfair
Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair. From...
Read MoreUnlawful suspension reversed: Governing body educator
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Read MoreLegally deemed discharge: Good cause requirements
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Read MoreDismissed by law: Overrides LRA dismissal protection
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Read MoreInterpretation Act inapplicable: Calculating days of absence
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Read MoreApplication for reinstatement to be decided
Acting under the provisions of s 158(1)(h) of the LRA the LC ordered the employer to decide an application for reinstatement in terms of s 14(2) of the Employment of Educators Act. The employee was deemed to have been dismissed...
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