CMG3701 Assignment 3 (COMPLETE QUESTIONS & ANSWERS) 2024 ) DUE 31 July 2024:
References: 1. Labour Relations Act 66 of 1995: Available at: South African Government
2. Basic Conditions of Employment Act 75 of 1997: Available at: South African
Government
3. South African Schools Act 84 of 1996: ...
, CMG3701 Assignment 3
Read the scenario below and answer questions: Mr Hanyane has been a Grade 10
English educator for several years. The school where he teaches has appointed a new
principal. The principal soon discovers that Mr Hanyane absences himself frequently
from school. Mr Hanyane never completes leave forms and has created a pattern of
absence, especially on Mondays and paydays. The principal warns Mr Hanyane once and
informs him that he may be fired. Mr Hanyane continues with his behaviour and ignores
the principal. After an absence of four days without any account of his whereabouts, the
principal calls Mr Hanyane to his office and informs him that he can continue his leave
because he has been dismissed. Question 1: 1.2 Discuss the impact of poor performance
on an educator's employment contract. (13 marks) 1. 3: Evaluate how a breach of
contract in the context of educators result in termination. (12 marks) 1. 4: Analyse
negligence of duty and how it impacts an educator's employment contract. (13 marks)
Question 2 2.1: Critique fair labour practices and the way they relate to the dismissal of
employees in the education sector. (12 marks) 2. 2: Explain the concept of just
administrative action and its significance in the context of employment dismissal. (13
marks) 2.3: Examine whether Mr. Hanyane’ s dismissal is in accordance with fair labour
practices. (12 marks) 2.4 Assess if Mr. Hanyane’ s dismissal represents a fair
administrative action. (13 marks)
Question 1
1.2 Discuss the impact of poor performance on an educator's employment contract. (13
marks)
Poor performance by an educator can significantly affect their employment contract. Here are
some key impacts:
1. Breach of Professional Duty: Educators have a duty to provide high-quality education.
Consistent poor performance violates this duty, leading to disciplinary action.
2. Student Outcomes: Poor performance impacts students’ academic success, which
reflects negatively on the school’s reputation.
3. Performance Reviews: Employment contracts often include performance evaluations.
Poor performance can lead to negative reviews, affecting job security.
4. Professional Development: Poor performers may be required to undergo additional
training, which can be time-consuming and stressful.
5. Remedial Action: Schools might implement performance improvement plans, adding
pressure and scrutiny on the educator.
6. Employment Termination: Continuous poor performance, despite warnings and
improvement plans, can lead to dismissal.
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