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

Notices

Terms and Conditions of Employment of Educators determined in terms of Section 4 of the Employment of Educators Act, 1998

Prevention of re-employment of former Educators discharged or deemed discharged for misconduct or deemed resigned

4. Period of prevention of the re-employment of former Employees discharged for misconduct or deemed discharged or deemed resigned

 

4.1 A former educator dismissed in terms of sections 17(1) or 18(1) of the Employment of Educators Act 76 of 1998 (as amended) or deemed discharged in terms of section 14(1) (a) or deemed resigned in terms of section 15 (2) of the EEA shall not be re-employed during the applicable period of prevention from the date of discharged or deemed discharged or deemed resigned in relation to the acts of misconduct indicated in the table below.

 

4.2 An educator who is dismissed for more than one act of misconduct in the same process, the prevention of re-employment shall run concurrently.

 

4.3 The date of discharge or deemed discharged or deemed resignation shall be used in determining the period of prevention.

 

4.4 Before any person can be appointed or re-appointed to work with children, the prospective employer or delegated official shall ensure that the prospective employee:

 

4.4.1 meets the prescribed minimum requirements as stipulated in the Personnel Administrative Measures (PAM);
4.1.2 is vetted against the National Child Protection Register referred to in section 111 of the Children's Act, 38 of 2005; and
4.1.3 Has a Clearance certificate from the Registrar referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007.