The subject of the present treatise concerns termination of employment contracts that are effected as a result of an employee’s incapacity on the grounds of ill-health or injury. Every employee has the right not to be dismissed unfairly. The Labour Relations Act, 1995 recognises three grounds on which termination of employment might be legitimate. These include the conduct of the employee, the capacity of the employee and the operational requirements of the employer’s business. However, fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. The Incapacity Code and Procedure in respect of Ill-health or Injury applicable to Educators is contained in Schedule 1 to the Employment of Educators Act, 1998. In addition there are collective agreements which are the products of collective bargaining that are also applicable to all categories of employees employed in the public education sector. Notably, PSCBC Resolution 7 of 2000 forms part of the subject of our discussion. The Department of Education determined the use of independent Health-risk Managers to provide advice on the management of incapacity leave and ill-health retirement, thereby ensuring objective and impartial evaluation which are largely acceptable to employees and their labour representatives. This is the Policy and Procedure on Incapacity Leave and Ill-Health Retirement in the Public Service. The appointed Health-risk Managers make recommendations to the Head of Department who thereafter implement the recommendations and deal with issues of a case to absolute finality. More importantly, the Policy and Procedure for incapacity leave and ill-health retirement in the Public Service is issued in terms of legislation, that is, section 3(3) of the Public Service Act, 1994 and therefore is not a collective agreement. Under the circumstances, it is not always easy to determine a real dispute and an issue in dispute. Because of this uncertainty arbitrators often found that bargaining councils have no jurisdiction to entertain these disputes, while on the other hand some arbitrators opined that bargaining councils do have jurisdiction In this treatise the general principles of the employment contract, the legislative framework applicable in the public education sector in determining an application for temporary incapacity leave and ill-health retirement and procedural and substantive issues in the termination of employment contract due to ill-health are considered and explained. The legal questions around the issue of discretion exercised by the Head of Department in granting or declining applications for ill-health are also examined. The primary aim of the treatise is to provide a clear exposition of the rather complicated law relating to incapacity due to ill-health and injury in public education.

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1982. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH / Bibliography: leaves 148-149. / by Janette Rae Lawrence. / M.C.P.

This study focused on a 1978 teacher strike in the Tucson Unified School District, Pima County, Arizona, and was designed to explore patterns of perceptions and behaviors reported by teachers concerning their involvement in the strike. Teacher perceptions and behaviors were examined in terms of: viewpoints concerning the issues and causes of the strike; attitudes toward the act of striking; choice to either strike or not to strike and the differeing factors which may have influenced the strike decison; feelings of stress occasioned before, during, and after the strike; post-strike relationships with significant others in the school system; and feelings regarding the outcomes of the strike. To implement the research study, a questionnaire was developed to explore teacher attitudes, viewpoints, and reported behaviors regarding various aspects of the strike. The questionnaire was distributed by the Tucson Education Association through the Tucson Unified School District mail distribution system to all 2,751 teachers of the school district. A total of 1,728 teachers participated in the study by completing and returning the questionnaire, which represents approximately 63 percent of the population. Data for the study were derived from the questionnaire responses. The demographic data and strike behavior data were crosstabulated and their significance reported in terms of chi-square statistics. The chi-square indicated a significant relationship between teacher strike behavior and the following demographic variables: teaching level, age, sex, teacher tenure, total years teaching, membership in a professional organization, and spouse being a teacher in the district. Data regarding teacher perceptions and behavior were analyzed and summarized on the basis of the perceptual framework constructed for this study, which was drawn from the literature in social and perceptual psychology. Briefly it included the following five categories: Empathy; Acceptance; Stress; Adequacy; and Perceptual Framework. The following perceptions were reported by teachers regarding: Issues and Causes of the Strike: The reported issues of the strike were salary, discipline, fringe benefits, class size, teacher professionalism, and dignity. The teachers reported that the factors generating the strike were not the issues themselves, but rather the way the issues were handled by the school board, superintendent, and central administration. Influences Upon Strike Behavior: The greatest influence reported by teachers regarding their strike decision was the teachers' association, followed by teachers in their own schools, family, teachers outside their schools, the media, and building principal, in that order. Strike Stresses: Ninety percent of all respondents reported experiencing stress during the strike. Stress was greater among elementary teachers, female teachers, and non-striking teachers. Post-Strike Relationships: Teachers reported more harmonious relationships with fellow teachers and students in their schools following the strike. Teachers reported less harmonious relationships with their supervisors. Strike Perceptions: Teachers reported that the strike produced a greater sense of personal dignity for teachers. The recommendations of the study included the following: A school system should develop and maintain a deep philosophical commitment to the worthiness and dignity of all persons. A continuous and effective communication process should be developed whereby school district administrator and teacher representatives can meet and interact in an atmosphere where every person is encouraged to express his viewpoints. Teachers and school district officials should have an adequate set of board-adopted policies providing orderly processes for dealing with disputes and difference between them. The policy that is adopted should result from the widest possible participation of all concerned groups throughout the community and the school district. The school district, including the school board, administrators, and teaching staff should carefully plan and effectively implement a program for continuous improvement of human relationships throughout the district.