Billike arbeidspraktyk vir opvoeders in Suid-Afrikaanse openbare skole

Abstract

Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive.