Employment of Educators Act, 1998 (Act No. 76 of 1998)Chapter 4 : Termination of Services13. Discharge of educators appointed on probation |
| (1) | If it is not desirable to confirm the appointment, transfer or promotion of an educator on probation, the employer may, notwithstanding anything to the contrary contained in this Act but subject to this section— |
| (a) | extend the period of probation of the educator; or |
| (b) | after reasonable notice to the educator, discharge the educator from service upon the expiry of the period of probation or any extension thereof. |
| (2) | No appointment, transfer or promotion on probation may be extended, and no educator who is serving on probation may be discharged from service, if— |
| (a) | the educator has been diligent; |
| (b) | the educator's conduct has been uniformly satisfactory; |
| (c) | the educator is in all respects suitable for the post which the educator holds; and |
| (d) | the educator has complied with all the conditions applicable to the educator's appointment, transfer or promotion. |
| (3) | 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. |