Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

This research project is an attempt to determine how principals handle educator misconduct in public schools in a sample of both primary and secondary schools. Procedures on handling misconduct are still new to schools principals. The need to empower principals with knowledge and procedures to handle educator misconduct is the main concern of the study. The main aim of the study is to investigate how principals handle educator misconduct in public schools. It is revealed in the introductory orientation of this study that educator misconduct is one of major challenges in principals' management of schools. Educator misconduct is a continuous problem that principals experience in their management of schools. Principals being given legal authority to handle less serious misconduct at school level, have a mammoth task and responsibility to ensure that procedural requirements are met in such misconduct cases. The attempts to workshop train and educate principals on handling educator misconduct which all proved insufficient. Misconduct among educators is on the increase and principals seem to fall short of handling such misconduct cases properly. In this regard both the literature study and an empirical investigation through interviews are used in the study. Principals are involved because they have a duty to handle educator misconduct. Procedures handling misconduct also involve educators. These data collection methods are useful in providing insights into principals' handling of educator misconduct as well as getting educators' views on how principals handle misconduct cases. The findings and recommendations of this study are expected to improve principals' handling of educator misconduct. The findings are supposed to help principals to realise the need to follow procedural steps and to apply principles of handling misconduct fairly and consistently. Based on what the study will find, it is recommended that principals adhere to principles, rules and procedures of handling misconduct as they serve to empower principals in their management responsibilities. Principals support mechanisms in the form of workshops, seminars and training programme should be provided to ensure that principals are well trained and have clear knowledge in both theory and practice of handling educator misconduct. / Dissertation (MEd (Education Management and Policy Studies))--University of Pretoria, 2003. / Education Management and Policy Studies / unrestricted

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

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In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

Magister Legum - LLM

The dissertation examines the process of retrenchment in a public institution with reference to the execution of such a process by the Independent Electoral Commission (IEC). The aim is to establish whether or not the retrenchment was substantively and procedurally fair as required by legislation. Notwithstanding the fact that the staff may have been disadvantaged by the short retrenchment notice (the staff did not have representation prior to the announcement, and the swiftness of the process did not, under the circumstances, provide the staff with enough time to comprehensively apply their mind to the underlying issues), the dissertation finds that the retrenchments had been substantively fair given the fact that the IEC could not retain all staff because of budgetary constraints. The dissertation also finds that the process had been procedurally fair in accordance with section 189 of the Labour Relations Act, 66 of 1995. / Public Adminstration & Development Studies / M.A. (Public Administration)

The dissertation examines the applicability of procedural fairness to actions by members of the South African National Defence Forces (SANDF). The research focuses on and uses the South African Defence Force Union v The Minister of South African National Defence Force (SANDU 2010 judgment) to illustrate how procedural fairness should find application in the SANDF, given the sui generis nature of the defence forces. This judgment presented an opportunity to investigate whether the legislative framework that is available in the SANDF is adequate to protect the right to procedural fairness of the members of the SANDF encapsulated in section 33 of the Constitution, 1996. The dissertation examines the relevant sections of the Defence Act, Military Discipline Supplementary Measures Act, Labour Relations Act (LRA), and the Promotion of Administrative Justice Act (PAJA) read with sections 23 and 33 of the Constitution to determine whether there is a gap that exists in so far as the protection of the right to procedural fairness of members of the defence forces is concerned. It also examines the Military Discipline Code and the rules and regulations of the Defence Forces. The analysis of the SANDU 2010 judgment demonstrates that PAJA could find application in dismissal or employment related disputes within the SANDF. The scenario that is evidenced from the analysis of the defence force legislative framework is that the legislative framework that is available within the SANDF is inadequate to protect and deal with disputes which arise from allegations of infringement of the right to procedural fairness. This scenario is compounded by the fact that the LRA which is the empowering legislation that was promulgated to give effect to the right to section 23 of the Constitution and to deal with dismissal and employment related disputes, does not apply to members of the SANDF. / Public, Constitutional, and International Law / LL. M.