Employment of Educators Act, 1998 (Act No. 76 of 1998)

No.

Act of Misconduct

Mandatory Period of Prevention from Re-Employment

1.

Section 14(1) (a) Deemed discharged employees’ in Terms of the Employment of Educators Act.

One year

Section 15 (2) deemed resignation

Until re-registered by

SACE One year

2.

Any person found guilty of sexual offences against children and mentally disabled people and his/her name appears on the National Child Protection Register and the National Register for Sex Offenders

Prevented from employment until removed from the registers held by the DSD or Department of Justice respectively

3.

Section 17(1)

Indefinite

Sexual harassment involving learners.

Court finding and conviction for murder, attempted- murder, rape, indecent assault or assault GBH

4.

Section 17(1)

Five years

5.

Section 18(1)

Five years

6.

Section 18(1)

Section 18(1) (h), accepts any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the employer;

Section 18(1) (m) without the written approval of the employer, performs work for compensation for another person or organisation either during or outside working hours; and

Section 18(1) (x) carries or keeps firearms or other dangerous weapons on State premises, without the written authorisation of the employer;

5 Years

7.

Section 18(1)(g), misuses his or her position in the Department of Basic Education or a school or adult learning centre to promote or to prejudice the interests of any person.

Section 18(1) (r), assaults, or attempts to or threatens to assault, another employee or another person.

Section 18(1)(s) incites other personnel to unprocedural and unlawful conduct;

Section 18(1) (aa) falsifies records or any other documentation;

5 years

Section 18(1) (ee), commits an act of dishonesty

Five years

Section 18(1)(ff), victimises an employee for, amongst others, his or her association with a trade union, and

Sexual harassment involving another employee

Four years

Section 18(1)(k) unfairly discriminates against other persons on the basis of race, gender, disability,

sex, pregnancy, marital status, ethnic and social origin, colour, sexual orientation, age, Four years’ disability, religion, conscience, belief, culture,

language, birth, family responsibility, HIV, status, political opinion or other grounds prohibited by the Constitution

Four years

8.

Section 18(1)(b), willfully or negligently mismanages the finances of the State, a school or an adult learning centre;

Section 18(1) (d), willfully, intentionally or negligently damages or causes loss to the property of the State or a school

Section 18(1) (f), unjustifiably prejudices the administration, discipline or efficiency of the Department of Basic Education, an office of the State or a school

Section 18(1) (n), without prior permission of the employer accepts or demands in respect of the carrying out of or the failure to carry out the educator's duties, any commission, fee, pecuniary or other reward to which the educator is not entitled by virtue of the educator's office, or fails to report to the employer the offer of any such commission, fee or reward;

Section 18(1) (p), while on duty, is under the influence of an intoxicating, illegal, unauthorised or stupefying substance, including alcohol;

Section 18(1) (t), displays disrespect towards others in the work-place or demonstrates abusive or insolent behaviour;

Section 18(1) (u), intimidates or victimises fellow employees, learners or students;

Section 18(1) (w) operates any money-lending scheme for employees for his or her own benefit during working hours or from the premises of the educational institution or office where he or she is employed; and

Section 18(1) (z) gives false statements or evidence in the execution of his or her duties;

Three years

9.

Section 18(1)(c), without permission possesses or wrongfully uses the property of the State, a school, an adult learning centre, another employee or a visitor;

Section 18(1) (i), fails to carry out a lawful order or routine instruction without just or reasonable cause;

Section 18(1) (j), absents himself or herself from work without a valid reason or permission;

Section 18(1) (o) without authorisation, sleeps on duty;

Section 18(1) (I), performs poorly or inadequately for reasons other than incapacity;

Section 18(1) (q), while on duty, conducts himself or herself in an improper, disgraceful or unacceptable manner;

Section 18(1) (v), prevents other employees from exercising their rights to freely associate with trade unions in terms of any labour legislation;

Section 18(1) (y), refuses to obey security regulations;

Section 18(1) (bb), participates in unprocedural, unprotected or unlawful industrial action;

Section 18(1) (cc) fails or refuses to—

One year