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

Educators who are in excess of the establishment, can be held additional to the establishment for a maximum period of six months during which, period the suitable, absorption to a post on the establishment of an institution must be investigated. The measures contained in regulation 6 will apply.

In the case of vacancies occuring [sic] through resignation, retirement on pension, etc. an attempt should be made, as a first step, to satisfy the staff requirements, within the limits of the approved new establishment, from remaining personnel at institutions. This must continuously be applied.

Educators who are in excess of the establishment and who cannot be accommodated on the reduced post provisioning scale after implementing the strategy in subregulation 5.1(b), shall be considered for transfer to suitable posts at other institutions in the province. Individual representations from educators pleading non-transferability shall be considered by the head of the department. In considering whether a claim of non-transferability is justified, all relevant factors must be taken into consideration such as the personal and financial impact that at transfer is likely to have on a person and his or her family and whether the educator is acceptable to the governing body of the educational institution to which he or she is to be transferred. In considering the circumstances of the individual, the matter must be dealth [sic] with in a fair and consistent manner. The individual's right to present his or her case before a decision on his or her transfer is taken, must be adhered to. Disputes which may arise in this regard shall be dealt with in accordance with the provisions of the Constitution of the Education Labour Relations Council.

Educators who are in excess of the establishment and who cannot be dealt with in terms of subregulation 5.1(b) or (c) may volunteer to be discharged as redundant in terms of section 8(1)(b) of the Educators' Employment Act, 1994. It remains, however, the prerogative of the MEC to decide whether such educator may be discharged as redundant or not: Provided that such prerogative shall be exercised in a fair, consistent and equitable manner.

Educators who are in excess of the establishment and who cannot be dealt with in terms of subregulation 5.1(b), (c) or (d), as well as those who, before considering these options, indicate that they would prefer to be transferred to another province, should be considered for transfer to posts which they agree to at institutions in other provinces. A task team consisting of representatives of provincial education departments and employee parties to the Education Labour Relations Council will be set up to facilitate this process.

Should all measures to suitably absorb an educator fail, despite co-operation on his or her part, notice must be served on him or her that his or her services are to be terminated in terms of section 8(1)(b) of the Educators' Employment Act, 1994.

In cases where transfers are effected in terms of subregulations 5.1(c) or (e) and it necessitates a change of headquarters, a transfer of the household will be effected at State expense, even if an educator indicates his/her preference for the transfer.