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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/810 |
| Date | January 2006 |
| Creators | Van Staden, Louis Jacobus |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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