Research
Research
1.1
According to Coetzee and Van Niekerk, Any improper or inappropriate behaviour on the
part of an educator that goes against the established guidelines, procedures, and moral
principles of the educational establishment is referred to as misconduct.
Behaviours that disturb the classroom atmosphere, erode the authority of the school
administration, or jeopardize the security and welfare of faculty and staff are examples
of misconduct.
Misconduct in the educational setting is a grave problem that can have a big effect on th
e classroom and daily operations of the school.
When an educator's job is terminated due to misconduct, a structured process is follow
ed to ensure due process and fairness in disciplinary measures, as well as to identify th
e misconduct and evaluate its consequences.
To handle such circumstances justly and efficiently, Coetzee and Van Niekerk's "An Edu
cator's Guide to Effective Classroom Management" contains important ideas and guidel
ines.
1.2
When a teacher performs poorly, it means they are not able to fulfill the demands and
expectations of their position. The success of students and the educational institution
depends on maintaining excellent teaching standards, which can have a substantial
impact on an educator's job contract. Here, I will talk about how a teacher's
employment contract is affected by subpar performance, using ideas from S.A. Coetzee
and E.J. Van Niekerk's "An Educator's Guide to Effective Classroom Management."
When an educator does not satisfy the professional, instructional, and ethical
standards necessary for good teaching and classroom management, it is referred to as
poor performance in the context of education.
Inadequate lesson preparation, poor classroom management, low student
engagement, a lack of professional development opportunities, and a failure to reach
student learning objectives are all signs of subpar performance.
Students that do poorly may not be as well-prepared for tests and other academic
activities, which will affect their performance and achievement in the future.
Because other teachers may have to make up for the underperforming teacher, poor
performance can strain relationships with colleagues and perhaps cause anger and
conflict.
1.3
When one party does not carry out their end of the bargain as specified in the contract,
this is known as a breach of contract. If specific requirements are fulfilled, a contract
violation in the context of educators may result in termination. This assessment of the
procedure and its effects draws on knowledge from S.A. Coetzee and E.J. Van Niekerk's
"An Educator's Guide to Effective Classroom Management."
When an educator neglects to carry out their job obligations as specified in their
employment contract, it is considered a breach of contract in the educational setting.
Types of Breaches:
Due Process: Termination must adhere to legal standards of due process, ensuring the
educator has the opportunity to respond to allegations and defend themselves.
1.4
Negligence of Duty: When an educator fails to carry out their professional duties to the
required standards, it can have a negative impact on students, the school, or the
educational process. This is known as negligence of duty in the context of education.
Example: Lesson plan failure, insufficient student supervision, late assignment grading,
and poor classroom management are a few examples.
Ethical Responsibilities: According to ethical standards, teachers must carry out their
responsibilities with diligence, offering high-quality instruction and upholding their
professional integrity.
Documentation: Every episode of carelessness, along with the effects on the children
and any corrective action done, needs to be recorded.
Due Process: The school must adhere to due process before ending a teacher's
contract, giving the teacher a chance to address any accusations and raise their level of
performance.
Final Decision: The school may proceed with termination, provided that all measures
are compliant with legal and contractual duties, if negligence continues despite
rehabilitation efforts and due procedure.
2.1
Fair labour practices: These are methods of treating workers fairly so that their rights
and interests are safeguarded in the workplace. These policies cover nondiscrimination,
equitable pay, secure workplaces, and the right to a fair trial in the event of disciplinary
action.
Legal Framework: The Labour Relations Act (LRA) of South Africa establishes rules for
employment relationships, including the termination of employees, and controls fair
labour practices.
Protection of Rights: Ensuring that educators get equitable treatment upholds their
professional and legal rights, which boosts morale and job security.
Education Quality: Treating teachers fairly can boost their motivation and job
happiness, which will increase their performance in the classroom and the results they
get from their students.
Due Process: According to fair labor practices, firing proceedings must follow due
process, which includes giving the employee notice of the accusations, a fair hearing,
and a chance to present their case.
Progressive Discipline: Verbal, written, and suspension warnings should be the first
steps in a progressive discipline plan that allows an employee to change their behavior
before terminating them.
2.2
Just Administrative Action: This term describes the necessity that any administrative
action, including termination, that an employer takes be legitimate, reasonable, and
equitable in the process. This idea, which guarantees that decisions affecting
employees are handled equitably and openly, has its roots in administrative and
constitutional law.
Legal Framework: The Promotion of Administrative Justice Act (PAJA) and Section 33 of
the Constitution of South Africa both provide more clarification on the idea of just
administrative action. These rules require that the legality, rationality, and procedural
fairness standards be followed in all administrative decisions.
Lawfulness: Behavior must abide by all applicable laws and rules. Employers are
responsible for ensuring that decisions about termination are supported by legal
grounds, such as shown misconduct or incapacity to carry out work responsibilities.
Protection of Employee Rights: Employees' rights to fair treatment and due process are
maintained by just administrative action, which guards against arbitrary or unjust
dismissal.
Legitimacy and Trust: Respecting the just administrative action standards makes an
employer's decisions more legitimate and increases employee-employer trust. Better
staff morale and a more positive work environment may result from this.
Legal Compliance: Employers lower their risk of legal challenges and conflicts by
adhering to just administrative action rules. By preventing expensive and time-
consuming legal actions, this compliance supports steady and predictable
management procedures.
Ensuring that terminations of employment are carried out in a way that is legitimate,
reasonable, and equitable requires an understanding of just administrative action.
Employers can safeguard employee rights, strengthen the legality of their actions, and
sustain a productive and compliant workplace by following these guidelines. Ensuring
impartial decision-making, conducting comprehensive investigations, offering notice
and a fair hearing, and putting in place clear policies are all crucial aspects in
maintaining just administrative action when it comes to employment dismissals.
2.3
❖ Mr. Hanyane frequently skips class without filling out the appropriate leave
paperwork.
❖ There is a pattern to his absences, which seem to happen more often on
Mondays and paydays.
❖ The principal has warned Mr. Hanyane that his actions could result in his
termination, but he has not changed.
❖ Following a four-day absence with no explanation of his movements, the
principal notifies Mr. Hanyane of his dismissal.
Notice: The principal cautioned Mr. Hanyane about his absenteeism and threatened to
terminate him if his behavior persisted. This is an indication of the possible
repercussions of his conduct.
Hearing: No formal hearing where Mr. Hanyane could give his side of the story is
mentioned. One essential part of due process in disciplinary actions is a fair hearing.
Progressive steps
Verbal Warnings: As part of the progressive discipline process, the principal gave Mr.
Hanyane a verbal warning over his absences.
Remedial Actions: Nothing suggests that Mr. Hanyane received assistance or a chance
for restitution—like professional growth or therapy—to deal with the underlying causes
of his absences.
Employment Contract and School Policies: Both the school's disciplinary procedures
and Mr. Hanyane's employment contract must be followed in this discharge. It is
unclear if the dismissal process adhered to these.
Labor Laws: The dismissal must abide by all applicable labor laws and rules, including
the provision of appropriate administrative action. It appears that there may have been
a breach of fair labor practices given the absence of a formal hearing and written
warnings.
2.4
Definition: Legal, reasonable, and procedurally fair choices that have an impact on
individuals are necessary for fair administrative action. This covers respect for the right
to due process, openness, and hearings.
Lawful Structure: The Promotion of Administrative Justice Act (PAJA) and administrative
justice constitutional principles govern fair administrative action in South Africa.
First Warning: The principal forewarned Mr. Hanyane about his repeated absences,
threatening to fire him if the behavior persisted.
Absence of Due Process: It is not apparent whether Mr. Hanyane received a formal
chance to address the accusations brought against him or whether he was granted a
fair hearing prior to the decision to fire him.
Notice and Opportunity to Respond: Although Mr. Hanyane was first cautioned,
procedural justice demands that he be provided with a formal notice of the accusations
along with a chance to address them in a fair and unbiased hearing.
The assessment indicates that Mr. Hanyane's termination did not entirely constitute just
administrative action. Formal written warnings, a fair hearing, recorded remedial
efforts, and unbiased decision-making were absent from the process. Employers must
adhere to a transparent and procedurally fair process that upholds workers' rights and
gives them enough time to voice issues before taking drastic measures like firing them
in order to ensure fair administrative action. This strategy not only fosters justice and
fairness but also lowers the possibility of legal issues and preserves a healthy work
environment.
Reference
Coetzee, S.A., Van Niekerk, E.J., Wydeman, J.L., and Mokoena, S.P. (2015) An Educator's
Guide to Effective Classroom Management. 2nd edn. Pretoria: Van Schaik Publishers.