Employment of Educators Act, 1998 (Act No. 76 of 1998)RegulationsRegulations regarding the Staffing of Rationalised Educational Institutions3. Principles for dealing with serving Educators and the Staffing of the Rationalised Educational Institutions |
| 3.1 | In dealing with serving educators, provincial departments shall apply the following principles: |
| (a) | In order to ensure a smooth transition to provincial education departments it is essential that efficient and uninterrupted rendering of services, as contemplated by sections 212 and 237 of the Constitution of the RSA, with due consideration of the fundamental rights contained in Chapter 3 of the Constitution of the RSA, is maintained. |
| (b) | In order to achieve the various objectives referred to in regulation 2, the implementation and application of measures dealing with educators during the rationalisation process, must be fair, transparent and in accordance with the employment and labour legislation which apply to those educators. |
| (c) | Where the position of educators is affected by the process of rationalisaton [sic] aimed at reaching the objectives set out in regulation 2, all avanues [sic] should be explored to ensure their continued employment in education and these educators therefore do not automatically acquire the right to the declared redundant. |
| (d) | In striving for equity in staffing institutions, both qualitative and quantitative aspects of such staffing must be taken into account. |