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

Regulations

Regulations regarding the Terms and Conditions of Employment of Education

Chapter 2 : General Conditions of Service and Salaries

Appointment, Promotion, Transfer and Termination of Service

14. Unauthorised remuneration

 

(1)
(a) If any remuneration, allowance or other reward is received by an educator in connection with the performance of his or her work with the employer other than in accordance with the provisions of the Act or these regulations, or is received contrary to the provisions of section 24(1)(b) of, the Act, that educator shall pay into the relevant Provincial Revenue Fund an amount equal to the amount of such remuneration, allowance or other reward, or, where it does not consist of money, the value thereof as determined by the employer, and if he or she does not do so, it shall be recovered from him or her by the employer by way of legal proceedings or in such manner as the Treasury may approve, and be paid into the relevant Provincial Revenue Fund.
(b) The Educator concerned may appeal against such a determination by the employer to the Member of the Executive Council who may make such order as he or she may think fit: Provided that the educator may declare a dispute on grounds of such order in terms of the provisions of the Education Labour Relations Act, 1993.
(c) The employer may with the consent of the Department of State Expenditure determine that the educator concerned may retain the whole or a portion of the remuneration, allowance or reward.

 

(2) If in the opinion of the employer an educator has received any remuneration, allowance or other reward referred to in subregulation (1)(a) and it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any deposit-taking financial institution in his or her name or in the name of any other person on his or her behalf, the employer may in writing require that educator or that person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof.

 

(3)
(a) Subject to the provisions of paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an educator who has been made available to a national or provincial department or a council, institution, body or person contemplated in section 7 of the Act, shall be paid into the Provincial Revenue Fund.
(b) In circumstances regarded by the employer as exceptional, he may recommend to the Treasury the payment out of the Provincial Revenue Fund to the educator concerned of an amount equal to that salary, allowance, fee, bonus or honorarium, or a portion thereof.