Employment of Educators Act, 1998 (Act No. 76 of 1998)Chapter 4 : Termination of Services11. Discharge of educators |
| (1) | The employer may, having due regard to the applicable provisions of the Labour Relations Act, discharge an educator from service— |
| (a) | on account of continuous ill-health; |
| (b) | 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; |
| (c) | 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; |
| (d) | on account of unfitness for the duties attached to the educator's post or incapacity to carry out those duties efficiently; |
| (e) | on account of misconduct; |
| (f) | 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 |
| (g) | if, in the case of an educator appointed on probation, the educator's appointment is not confirmed. |
| (2) | If an educator is discharged from service under paragraph (f) of subsection (1), that educator shall be deemed to have been discharged on account of misconduct. |