Abstract
M.Comm.
The purpose of the study is to determine, through literature research, what the current situation is regarding Labour Relation Management in Education. In order to search for answers, various resources have been used -the majority of which are primary and authoritive of nature.
In the first instance a few basic concepts and definitions in labour law in education were studied. Issues which were discussed focused on the definition of employer and employee and the relationship between them. The professional nature of the teaching profession was discussed, including the various councils which have an impact on industrial relations in education.
In chapter three an in depth analysis has been made of the role of the various legislation regarding industrial relations in the educational field. The focus of this analysis was on the following key legislation: The Constitution 108 of 1996 The Labour Relation Act 66 of 1995. The Employment of Educators Act 76 of 1998. The Basic Conditions of Employment Act 75 of 1997 The Employment Equity Act 55 of 1998 The Development of Basic Skills Act. South African Schools Act 84 of 1996
10
Regulations:
Regulations Regarding Terms and Conditions Of Employment of
Educators R 1743 OF 13 November 1995.
Regulations on Personnel Administration Measures (PAM) 18
February 1999.
In chapter four the disciplinary process in education was discussed
at length. The focus here was on the disciplinary code, principles
of the disciplinary process as well as internal disciplinary
procedures -specifically by whom and at what level it should be
managed. A clear distinction was made between internal and
external procedures. The principle of natural justice under the audi
alteram partem and the nemo iudex in propria causa principle
was discussed. An important aspect here is the appointment and
dismissal of teachers in governing body posts.
In chapter six the grievance procedure in education-such as the
definition of grievance and how it should be dealt with, were
discussed. The management of grievances as quickly and as close
as possible to the cause as well as the reaction and conduct of
the parties concerned, were also discussed.
In conclusion the study was summarized and certain shortfalls
highligted. Certain recommendations were also made, especially
concerning the Administrative Act 3 2000, and the use thereof in
labour relations.