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

Regulations

Regulations regarding the Staffing of Rationalised Educational Institutions

6. Measures and Procedures which shall apply in respect of Educators who are in excess of approved Establishment
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(a) The relevant provincial education department will notify the educators who are in excess of an approved establishment. The educators must then provide the department with information regarding their placement preferences within one calendar month of the date of receiving such notice.
(b) The suitable placement of an educator elsewhere in the education sector must be effected in accordance with the provisions of the Educators Employment Act, 1994.
(c) The educators concerned are required to render active assistance to facilitate their suitable placement elsewhere.
(d) Where the application of an agreed upon post provisioning scale or criteria for the grading of educational institutions have the effect that the level of a management post differs from the post level on which the incumbent has been employed directly before the implementation of the new scale or criteria, such incumbent shall be given the choice of—
(i) electing to be declared redundant and to be regarded as being in excess of the establishment; or
(ii) electing to remain at the re-graded institution with retention of the benefits applicable to the post immediately prior to re-grading, subject to the provision that—
(aa) the incumbent shall not be carried out of adjustment for a period of more than two years;
(bb) every effort shall be made during the aforesaid period to suitably place the educator in a post of equivalent grading; and
(cc) there shall be an annual review of the grading of the institution with a view to establishing whether or not the incumbent is still out of adjustment.
(e) In addition to the provisions of section 8(1)(b) of the Educators Employment Act, 1994, and related provisions concerning pensions, a uniform retirement package, described in paragraph 7 of Chapter D of the Personnel Administration Measures, shall be applicable to all educators who are declared redundant to the extent to which each individual may qualify for the constituent elements thereof, and to the extent that the measures relating to periods of notice have been applied.