Mandating Procedures of Provinces Act, 2008
R 385
Adult Education and Training Act, 2000 (Act No. 52 of 2000)Chapter 3A20K. Discharge of educators |
| 1) | The employer may, having due regard to the applicable provisions of the Labour Relations Act, discharge an educator from service- |
| a) | on account of continuous ill-health; |
| b) | on account of the abolition of the educator's post or any reduction in, or reorganisation or re-adjustment of, the post establishments of departments or public centres; |
| c) | if, for reasons other than the educator's own unfitness or incapacity, the educator's discharge will promote efficiency or economy in the department or public centre in which the educator is employed, or will otherwise be in the interest of the State; |
| d) | on account of unfitness for the duties attached to the educator's post or incapacity to carry out those duties efficiently; |
| e) | on account of misconduct; |
| f) | if the educator was appointed in the post in question on the grounds of a misrepresentation made by the educator relating to any condition of appointment; and |
| g) | if, in the case of an educator appointed on probation, the educator's appointment is not confirmed. |
| 2) | If an educator is discharged from service in terms of subsection (1 )(f), that educator shall be deemed to have been discharged on account of misconduct. |
