Employment of Educators Act, 1998 (Act No. 76 of 1998)RegulationsRegulations regarding the Terms and Conditions of Employment of EducationChapter 2 : General Conditions of Service and SalariesAppointment, Promotion, Transfer and Termination of Service13. Wrongly granted remuneration |
| (1) | If an incorrect salary or salary scale on appointment, transfer or promotion or an incorrect advancement of salary within the limits of the appropriate salary scale was awarded or granted to an educator, or was awarded or granted at the correct notch or scale but at a time when or in circumstances under which it should not have been awarded or granted to him or her, the employer shall correct the educator's salary or salary scale with effect from the date on which the incorrect salary, salary scale or salary advancement commenced, notwithstanding the fact that the educator concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her salary scale or salary. |
| (2) | If an educator referred to in subregulation (1) has in respect of his or her salary, including any portion of any allowance or other remuneration or any other benefit calculated on his or her basic salary or salary scale, or awarded to him or her by reason of his or her basic salary— |
| (a) | been underpaid, an amount equal to the amount of the underpayment shall be paid to him or her. and that other benefit which he or she did not receive, shall be awarded to him or her as from a current date; or |
| (b) | been overpaid or received any such other benefit not due to him or her— |
| (i) | an amount equal to the amount of the overpayment shall be recovered from him or her by way of the deduction from his or her salary in instalments as may be determined by the employer, with due regard to the applicable Treasury Instructions by way of legal proceedings, or partly in the former manner and partly in the latter manner; and |
| (ii) | that other benefit shall be discontinued or withdrawn as from a current date, but the educator concerned shall have the right to the compensated by the employer for any patrimonial loss which he or she has suffered or will suffer as a result of that discontinuation or withdrawal. |
| (3) | With the approval of the Treasury the amount of an overpayment to be recovered in terms of subregulation (2)(b) may be remitted in whole or in part. |