THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS. 3.1 Employment of Educators Act, 1998 (Act No. 76 of 1998).
3.2 Section 27(2) of the Disaster Management Act, 2002.
3.3 Public Finance Management Act (Act No 1 of 1999) as amended.
3.4 Consolidated Covid-19 Direction on Health and Safety in the Workplace (Government Notice R639 of 2020; Government Gazette no. 43400 of 4 June 2020).
3.5 Sub-regulations 5(5)(d) and (e) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, specifically requires employers to adopt “special measures for employees with known or disclosed health issues or comorbidities, or with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID -19”; and “special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.” (Government Gazette no. 43258 of 29 April 2020).
3.6 Provisions of Chapter G of the Personnel Administrative Measures (XXX).
3.7 ELRC Collective Agreement 1 of 2020.
3.8 The provisions of Chapter 3 of the Employment of Educators Act and particularly the following:
3.8.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school.
3.8.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council.
3.8.3 Section 6 and or section 8(5) of the Employment of Educators Act, provides that the employer may transfer an educator who is in addition to another post in the department that matches his/her skills in the department and experience to a school without the recommendation of the school governing body for a stated period.
3.9 ELRC Collective Agreement 2 of 2018
3.10 The provisions of Chapter 3 of the Employment of Educators Act and in particular the following:
3.10.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school.
3.10.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council. Section 6B of the Employment of Educators...
THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS. 3.1 Occupational Health and Safety Act (No. 85 of 1993)
3.2 Section 27(2) of the Disaster Management Act, 2002
3.3 Section 5, subsection 5 (d) and (e) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, specifically requires employers to adopt “special measures for employees with known or disclosed health issues or comorbidities, with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID -19”; and “special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.”
3.4 Aplicable Provisions of the Grievance Procedure for TVET Lecturers
4.1. Procedure to be followed pertaining to employees who have one or more comorbidities or have any other underlying medical condition that puts them at risk.
a) The name and the qualification of the medical practitioner issuing the certificate;
b) His or her contact number and physical address;
c) A proper practice or registration number; and
d) Confirming that he/she falls within the category of comorbidities as determined by the Department of Health The following medical conditions and comorbidities as verified by the Department of Health have been divided into High and Medium Risk and medical evidence must be provided to assist in classifying the employee’s vulnerability: Age 60 and above with no diseases/conditions as listed Age >60 with one or more diseases/conditions as listed. Solid organ transplant recipients People with specific cancers or receiving immunosuppressive treatment for their cancer: o undergoing active chemotherapy or radical radiotherapy for lung cancer o cancers of the blood or bone marrow such as leukemia, lymphoma or myeloma who are at any stage of treatment o receiving immunotherapy or other continuing antibody treatments for cancer o receiving targeted cancer treatments which can affect the immune system, such as protein kinase inhibitors or Poly ADP-ribose Polymerase (PARP) inhibitors People who have had bone marrow or stem cell transplants in the last 6 months, or who are still taking immunosuppressive drugs. People with severe respiratory conditions including cystic fibrosis, severe and unstable asthma and severe Chronic Obstructive Pulmonary Disease (COPD), or current active tuberculosis of the lung. People with rare diseases and inborn errors of metabolism that significantly increase the risk of infectio...
THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS. 3.1. ILO Convention 158 of 1998 of the International Labour Organisation (ILO) provides that adequate safeguards must be provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection provided against unfair dismissals.
3.2. Section 186 (b) of the LRA defines a dismissal to include the situation where an employee employed in terms of a fixed-term contract of employment reasonably expected the employer:
3.2.1. to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; or
3.2.2. to retain the employee in employment on an indefinite basis but otherwise on the same or similar terms as the fixed-term contract, but the employer offered to retain the employee on less favourable terms or did not offer to retain the employee.
3.3. The provisions of Chapter 3 of the Employment of Educators Act and in particular the following:
3.3.1. The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school.
3.3.2. This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council.
3.3.3. Section 6B of the Employment of Educators Act provides that the Head of Department may, after consultation with the governing body of a public school, convert the temporary appointment of an educator appointed to a post on the educator establishment of the public school into a permanent appointment in that post without the recommendation of the governing body.
