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Employment of Educators Act, 1998 (Act No. 76 of 1998)

Chapter 5 : Incapacity and Misconduct

25. Appeals

 

(1) An educator may appeal to the Minister or the Member of the Executive Council, as the case may be, against a decision to demote, transfer or terminate the services of the educator on the grounds of incapacity contemplated in section 16.

 

(2) An educator or an employer has a right to appeal to the Minister or the Member of the Executive Council, as the case may be, against the finding by the presiding officer of a disciplinary hearing and against the sanction imposed in terms of section 18(3)(e) to (i).

[Subsection (2) substituted by section 4 of Act No. 1 of 2004]

 

(3) In lodging an appeal, the educator or employer must comply with the procedure laid down in Schedule 2.

[Subsection 3 substituted by section 4 of Act No. 1 of 2004]