Employment of Educators Act, 1998 (Act No. 76 of 1998)Chapter 3 : Appointments, Promotions and Transfers8. Transfer of educators |
| (1) | Subject to the provisions of this Chapter— |
| (a) | the Director-General or the Head of Department may transfer any educator in the service of the relevant department to any post or position in any other department of State with the prior approval of the person in that other department of State having the power to appoint or to transfer and with the consent of that educator; and |
| (b) | the Director-General may transfer any educator in the service of the Department of Basic Education to any other post in the Department; and |
| (c) | the Head of Department may transfer any educator in the service of the provincial Department of Basic Education to any other post in that department. |
| (2) | Subject to subsections (4) and (5), no transfer to any post on the educator establishment of a public school shall be made unless the recommendation of the governing body of the public school has been obtained. |
[Subsection (2) substituted by section 58(3) of Act No. 16 of 2006]
| (3) | The salary and other conditions of service of an educator may not be adversely affected by a transfer under this section without the consent in writing of that educator, except in accordance with the provisions of Chapter 5. |
| (4) | A recommendation contemplated in subsection (2) shall be made within two months from the date on which a governing body or council was requested to make a recommendation, failing which the Head of Department may make a transfer without such recommendation. |
[Subsection (4) inserted by section 16(b) of Act No. 48 of 1999]
| (5) | The Head of Department may, without a recommendation contemplated in subsection (2), transfer an educator temporarily for a stated period from a post at a public school to post at another public school. |
[Subsection (5) substituted by section 58(3) of Act No. 16 of 2006]
| (6) | An educator referred to in subsection (5) shall return to his or her previous post at the end of the period contemplated in that subsection. |
[Subsection (6) inserted by section 16(b) of Act No. 48 of 1999]
| (7) | Despite section 6(3)(a) and subsection (2), in the case of an educator who has been awarded a bursary by the employer to follow a course approved by the employer, the employer may transfer such an educator, with his or her consent, to any suitable post on the educator establishment of a public school or an adult education and training centre. |
[Subsection (7) substituted by section 58(3) of Act No. 16 of 2006]