Question 01

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.

We have different types of Misconduct:

❖ Absenteeism and Tardiness: Frequently missing school days or arriving late

without valid reasons, as highlighted in the scenario with Mr. Hanyane
❖ Insubordination: refusing to comply with sensible instructions from superiors.
The principal's warnings being disregarded by Mr. Hanyane is an example of
insubordination.
❖ Unethical Conduct: acting in a way that is against professional ethics, such as
having improper interactions with pupils, lying, or abusing school resources.

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.

A teacher's employment contract may be severely impacted by subpar performance,

which may also have an adverse effect on student learning, professional relationships,
and the atmosphere of the school. In order to handle subpar performance, schools
must adhere to a planned procedure that includes rehabilitation efforts, progressive
discipline, and performance reviews. Schools may assist teachers become better and
make sure that performance criteria are fulfilled by following these guidelines and
provide the support they need. This will ultimately benefit the whole educational
community.

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:

❖ Minor Breach: A slight deviation from contractual terms, such as occasional

tardiness.
❖ Material Breach: A significant failure to perform duties, such as frequent
absenteeism or failure to teach the prescribed curriculum.
❖ Anticipatory Breach: An educator indicates they will not fulfill their contractual
obligations in the future.
❖ Actual Breach: The educator fails to meet contractual obligations, such as not
attending classes without valid reasons.

Administrators at schools keep a close eye on and assess teacher performance on a

regular basis to spot infractions.
Dates, particular failures, and any correspondence with the educator must all be
included in the documentation of any breaches. Any further actions are supported by
this documentation.

Due Process: Termination must adhere to legal standards of due process, ensuring the
educator has the opportunity to respond to allegations and defend themselves.

Fairness and Non-Discrimination: The process must be fair and non-discriminatory,

following the school’s policies and employment laws.

When it comes to educators, a breach of contract may result in termination if it is

serious, documented, and the educator is given a fair trial and a chance to change their
behavior. In order to maintain equity and steer clear of any legal issues, schools must
adhere to both legal and procedural criteria. As highlighted by Coetzee and Van Niekerk,
schools can uphold high performance standards and a supportive learning environment
by following these guidelines.

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.

Legal Responsibilities: Teachers are required by law to maintain a secure and

productive learning environment. Legal repercussions for negligence may include
lawsuits for neglecting to keep pupils safe.

Ethical Responsibilities: According to ethical standards, teachers must carry out their
responsibilities with diligence, offering high-quality instruction and upholding their
professional integrity.

Learning Outcomes: Poor performance, disinterest, and a lack of academic

advancement might result from carelessness in lesson planning or classroom
management.

Safety Concerns: Inadequate supervision of pupils may lead to mishaps, harm, or

harassment, endangering their safety and welfare.

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.

In conclusion, an educator's employment contract is greatly impacted by negligence of

duty because, if left unchecked, it may result in disciplinary actions, including
termination. Fairness is guaranteed, and the learning environment is safeguarded, when
legal and procedural requirements are followed. Coetzee and Van Niekerk stress the
value of hard work and the part progressive discipline plays in upholding academic
standards and a supportive school environment.
Question 02

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.

Ensuring equitable treatment in the workplace and safeguarding educators' rights

depend on fair labor standards. These methods must be weighed against the
requirement to uphold excellent educational standards in the school sector. It is
essential to have fair methods for termination, such as progressive discipline and due
process. To maintain fairness, issues including potential bias and administrative burden
need to be addressed. Schools may guarantee that dismissals are handled justly and
fairly by abiding by legal frameworks and best practices, which will ultimately benefit
both teachers and students.

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.

Reasonability: Choices ought to be reasonable and justified, demonstrating a fair and

appropriate reaction to the situation. The seriousness of the employee's behavior or
performance problems must correspond with the harshness of the action taken.

Procedural Fairness: A fair procedure must be followed, which includes providing

sufficient notice, giving the employee a chance to be heard, and having an unbiased
decision-making process. Fair procedures guarantee that workers are informed of the
reasons behind their termination and given an opportunity to address it.

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

Explanation of what Mr Hanyane has done

❖ 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.

The due process

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.

Possibility of Reaction: It is unclear whether Mr. Hanyane received a formal chance to

address the claims made about his absences following the first warning. Employees
must be given an opportunity to defend their actions in a fair hearing as part of due
process.

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.

Written Warnings: Nothing about the issuance of written warnings is mentioned.

Usually, progressive discipline consists of increasing measures like written warnings
before termination.

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

Comprehending Just Administrative Measures:

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.

Analysis of Mr. Hanyane's Termination Procedure:

First Warning: The principal forewarned Mr. Hanyane about his repeated absences,
threatening to fire him if the behavior persisted.

Absence of an official Disciplinary Process: Progressive discipline usually consists of

official written warnings after the initial warning, but this is not mentioned.

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.

Absence of Documentation: No written attempts to address Mr. Hanyane's absences

through corrective or supportive procedures are mentioned.

Respect for Procedural Fairness:

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.

Fair-minded Decision-Making: Mr. Hanyane's dismissal should be decided impartially

after taking into account all pertinent information and circumstances. There is no sign
of an unbiased evaluation or inquiry into the causes of his absences.

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.