, 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)
Impact of Poor Performance on an Educator's Employment Contract
1. Legal Framework
○ Employment Contracts: In South Africa, employment contracts are governed by
the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA),
and the South African Schools Act (SASA). These laws outline the rights and
responsibilities of both employers and employees.
○ Grounds for Dismissal: According to Section 188 of the LRA, an employee can
be dismissed for reasons related to misconduct, incapacity, or operational
requirements. Persistent absenteeism and poor performance can be considered
as incapacity or misconduct.
2. Professional Standards
○ Teaching Standards: Educators are expected to adhere to professional
standards set by bodies like the South African Council for Educators (SACE).
This includes maintaining regular attendance, being prepared for classes, and
fulfilling administrative duties.
○ Impact on Students: Poor performance by educators, such as frequent
absences, directly affects students’ learning and progress. This can lead to poor
student performance, lower morale, and decreased trust in the education system.
3. Employment Contract Terms
○ Breach of Contract: Persistent absenteeism without proper documentation (like
leave forms) and ignoring warnings from the principal constitute a breach of the
employment contract. This breach can lead to disciplinary actions, including
dismissal.
○ Performance Appraisals: Educators undergo regular performance appraisals.
Consistently poor appraisals due to absenteeism can result in disciplinary
, measures. The principal’s discovery of Mr. Hanyane’s pattern of absences would
likely reflect negatively in these appraisals.
4. Disciplinary Procedures
○ Warnings and Documentation: The principal issued a warning to Mr. Hanyane,
which is a formal step in disciplinary procedures. Ignoring this warning and
continuing the same behavior can justify dismissal.
○ Due Process: Even when poor performance is evident, due process must be
followed. This includes proper documentation of warnings, a fair hearing, and an
opportunity for the educator to explain their actions.
5. Ethical Considerations
○ Duty of Care: Educators have a duty of care to their students. Regular
absenteeism without justification shows a lack of commitment and responsibility,
which is ethically unacceptable in the teaching profession.
○ Professional Integrity: Teachers are role models for their students. Poor
performance undermines professional integrity and can have long-term negative
effects on students’ attitudes towards education.
6. Consequences of Dismissal
○ Loss of Employment: Dismissal for poor performance results in the immediate
loss of employment. For Mr. Hanyane, this means he loses his position and
associated benefits.
○ Reputation: Being dismissed for poor performance can tarnish an educator’s
professional reputation, making it difficult to secure future employment in the
education sector.
7. Rehabilitation and Support
○ Intervention Programs: Before resorting to dismissal, schools often have
intervention programs to support educators facing challenges. These might
include counseling, professional development, or mentorship programs.
○ Final Opportunity: In some cases, educators are given a final opportunity to
improve their performance. If Mr. Hanyane had engaged with such support, the
outcome might have been different.
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 Council for Educators (SACE): Code of Professional Ethics. Available
1. 3: Evaluate how a breach of contract in the context of educators result in
termination. (12 marks)at: SACE
