DRAFT POLICY ON CONFIRMATION, EXTENSION AND TERMINATION OF PROBATIONARY APPOINTMENT OF CS EDUCATORS-KZN: DEC

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1 DRAFT POLICY ON CONFIRMATION, EXTENSION AND TERMINATION OF PROBATIONARY APPOINTMENT OF CS EDUCATORS-KZN: DEC 1. PURPOSE This policy seeks to provide measures for the confirmation, extension or termination of the probationary appointment of an educator. 2. SCOPE OF APPLICATION This policy is applicable to all educators appointed, promoted or transferred on probation in terms of the Employment of Educators Act, 1998 (Act No. 76 of 1998), as amended. 3. APPLICABLE LEGISLATION Employment of Educators Act, No. 76 of 1998 as amended. Regulations regarding the Terms and Conditions of Employment of Educators as promulgated in Government Notice 1743 (Government Gazette 16814) of 13 November 1995 Personnel Administration Measures (PAM) Labour Relations Act, No. 66 of 1995 as amended Developmental Appraisal System (DAS) 4. PERTINENT ASPECTS OF THE LEGISLATION 4.1. Educators shall be appointed, transferred or promoted on probation for a period of at least 12 months, which period may be extended, on good cause shown, for a further period not exceeding 12 months The probationary period of an educator shall be extended by the number of days leave of whatever nature taken by him or her during the probationary period or any extension thereof (excluding school holidays) If the head of the relevant institution or office certifies that during his or her probationary period or extended probationary period, such an educator has been diligent and his or her conduct uniformly satisfactory and that he or she is in all respect suitable for the post which he or she holds. The - 1 -

2 employer may confirm the permanent appointment, transfer or promotion if an educator has complied with all the conditions to which his/her appointment, transfer or promotion was subjected An appointment on probation shall, notwithstanding the fact that the period during which it was in force has expired, be deemed to continue until the educator concerned is notified in writing by the employer that his or her probationary appointment: a) has been confirmed; or b) has not been confirmed; or c) has been extended for a further period Provided that the notification contemplated in (a), (b) and (c) above shall be directed to the probationer not later than six months after the expiry of the period of his or her probationary appointment, and that when the period of probationary appointment is extended for a further period, calculation for the period of extension shall be done from the day following the date on which the original period of probation expires. 5. POLICY PROVISIONS 5.1. The initial period of probation of any educator shall be at least 12 months which period may be extended for a further period not exceeding 12 months. This implies that the total period of probation should the initial period be extended for any valid reason, shall not exceed 24 months except in cases where periods of leave are taken into account The initial period of probation will extend from the date of appointment to the date preceding the same date in the following year. The said period shall be extended by the number of days leave taken (excluding school holidays) during the probationary period The purpose of the probationary appointment is to afford the Department the opportunity to evaluate the performance of the educator on probation - 2 -

3 before confirming the appointment. As such the supervisor and/or the Head of Institution/Component is entitled to evaluate the performance of the educator on probation during the probationary period. The educator on probation is also entitled to be given whatever instruction, training, guidance and /or counseling necessary in order to enable him/her to render a satisfactory service. In this regard it must be noted that should the probationer not meet the required performance standard or alleged to be incompetent, the supervisor and/or the Head of Institution/ Component is required to advise the probationer concerned of those aspects in respect of which he/she does not meet the required standards or is alleged to be incompetent. The employer must give written reasons to the educator as to why it is necessary to initiate the procedure in respect of poor performance. Before transferring or demoting an educator or terminating his/her services for poor performance, the employer must convene an inquiry in order to give the educator the opportunity to make representations in response to the allegations against him or her The performance appraisal of the probationer should be done on an ongoing basis so as to ensure that shortcomings/deficiencies in work performance are identified and the necessary corrective action taken immediately. It must, however, be ensured that such appraisal is undertaken in a constructive manner and in a spirit of helpfulness/encouragement in accordance with the DAS provisions The probationer s progress should be Controlled and monitored formally on an ongoing basis. For this purpose, the prescribed Probation Report must be completed on a quarterly basis(every three months) and immediately upon expiry of the relevant reporting period. This report must be completed with due regard to the definitions and expectations in respect of each criterion as contained in the Annexure to the report The completion of the Probation Report must be used as an opportunity to further appraise the educator on probation of his/her work performance and - 3 -

4 also for further training and development. The report should not be the first indication to the educator that he/she is not performing satisfactorily and as such the appraisal of the work performance as reflected in the Probation Report should not be a surprise to the educator on probation In evaluating the work performance of the probationer for the purpose of completing the Probationary Report, Supervisors or Head of Institution/Component must ensure that such evaluations are done in a transparent, fair and just manner. The onus lies with the supervisors to respond to any grievances or disputes that may arise out of the evaluation process. The evaluation must also be regarded as confidential between the parties involved The confirmation of the permanent appointment in respect of a probationer will only be considered upon receipt of the prescribed Probation Certificate, which must be completed immediately upon expiry of the probationary period. In this regard it must be noted that in terms of the relevant provisions, an educator must be notified as to whether the probationary appointment has been confirmed, not confirmed or extended within a period of 6 months after the expiry of the probationary period. In view thereof, Heads of Institutions/Components must ensure that the relevant Human Resource Component receive the prescribed certificate and all necessary documentation by not later than one month from the date of expiry of an educator s probationary period. Whilst the Human Resource Component may issue reminders for the submission of the necessary documentation, the nonreceipt or non-issue of such reminders does not exempt the Head of Institution/Component from executing their responsibility to submit the required documentation timeously Should an educator on probation not be notified of the confirmation or otherwise of his or her probationary appointment within 6 weeks from the date of issue of the prescribed certificate, the Head of Institution/Office must pursue the matter with the relevant Human Resource Component. This may be done telephonically and, thereafter, pursued in writing

5 6. EVALUATION OF EDUCATOR ON PROBATION 6.1. Part A of the Probation Report must be completed by the immediate supervisor of the educator on probation. This report must be completed with due regard to the definitions and expectations in respect of each criteria as contained in the Annexure to the Report Part B of the Probation Report as completed by the Supervisor must be completed by - The Head of Institution in the case of educators at educational institutions, or - The Head of Component in the case of office based educators, or - The Head of Institution/Component as the case may be, even if the Head is the immediate supervisor and has completed Part A 6.3. Should the Head of Institution/ Component disagree with the evaluation of the Supervisor and if it implies an unsatisfactory report such disagreement must be dealt with as follows: - In the first instance every endeavor must be made to dispose of the disagreement through mutual discussion with the supervisor; or - Should it not be possible to dispose of the disagreement through mutual discussion with the supervisor, the Head of Institution/ Component must furnish written reasons for such disagreement in its full context and the procedure outlined in paragraph 8 hereunder must be adhered to Each Probationary Report must be forwarded to the educator on probation for completion of Part C. In this regard the educator concerned must be specifically requested to sign the report and, within 5 working days, return it to the Head of Institution/ Component or the Supervisor together with such representation he/she may desire to submit

6 6.5. The report that does not contain any shortcoming/adverse comments must be retained at the institution/office and will be required by the relevant Human Resource Component when confirmation of the probationary period of the educator is being considered Immediately upon expiry of the probationary period, the prescribed Probation Certificate must be completed and forwarded The completion and submission of the certificate must be dealt with as follows: a) All Probation Reports must be taken into account in completing the Probation Certificate. b) Part A of the Probation Certificate on the educator must be completed by the immediate supervisor. c) Part B of the Probation Certificate must be completed by: - the Head of Institution in the case of educators at educational institutions; or - the Head of Component in the case of office based educator; or - the Head of Institution/Component as the case may be, even if the Head is the immediate supervisor and has completed Part A. d) The relevant certificate together with the Probation Reports for the respective reporting periods must be forwarded: - In the case of educators at education institutions, to the Superintendent of Education: Management (SEM) and the District Manager of the institution concerned for completion of Part C of the Probation Certificate. Thereafter the completed Certificate must be forwarded to the relevant Human Resource Component; or - In the case of office based educators, to the relevant Human Resource Component

7 7. PROCEDURE IN DEALING WITH POOR WORK PERFORMANCE AND/OR INCAPACITY 7.1. The incapacity code and procedures for poor work performance as contained in the Employment of Educators Act, 1998 (Act No. 76 of 1998) as amended are also applicable to educators appointed on probation In dealing with incapacity and/or poor work performance in respect of educators on probation, the provisions of the Policy Document: Incapacity and/or Poor Work Performance must be strictly adhered to with due regard to the provisions of the Employment of Educators Act, 1998 and fair labour practice as embodied in various legislation and related documents, including the Labour Relations Act, In deciding on the dismissal of an educator on probation during or upon expiry of the probationary period for poor work performance or incompetence, comprehensive and profound reasons should be furnished for such action It must be ensured that the procedures relating to incapacity and/or poor work performance are implemented to allow the conclusion of the process before the expiry of the probationary period. Should it not be possible to conclude the process within the initial probationary period, a fully motivated request for the extension of the probationary period must be submitted together with the necessary supporting documents (this should include a copy of the letter advising the educator of his poor work performance and copy of the formal programme of counseling and training). The request in this regard must be submitted, via the normal channels of communication before the expiry of the initial period of probation

8 8. ROLE OF THE HUMAN RESOURCE COMPONENT 8.1. In case where the confirmation of the permanent appointment or termination is recommended, the Human Resource Component must verify that the educator concerned complies with all the requirements for appointment in a permanent capacity and that all relevant documentation are on file Should it not be possible to finalise the confirmation of appointment in view of outstanding documents, the educator concerned must be requested to submit such documents within one month from the date of request. The educator must also be requested to indicate as to when the relevant document would be submitted should he or she not be in a position to submit such documents within the stipulated period Should the educator concerned submit the outstanding documents within the stipulated period, the confirmation of permanent appointment must be attended to in accordance with paragraph 8.5. and 8.6 below Should the non-receipt of outstanding documents prevent the Human Resource Component from issuing the notification with regard to the status of the probationary appointment within 6 months after the expiry of the probationary period, approval must be obtained for the extension of such educator s initial probationary period. The educator must be advised of the reasons for such action. It must also be ensured that this is done within six months after expiry of the initial period of probation In respect of those cases where all the requirements are complied with, approval must be obtained for the confirmation of the probationary appointment in terms of the delegated authority Once formal approval has been obtained, the educator concerned will be advised that his or her permanent appointment has been confirmed (Specimen letter is attached). Such communication must be made within a period of six months after the expiry of the probationary period

9 9. DISPUTE RESOLUTION MECHANISM Any dispute arising out of the interpretation and application of this policy will be dealt with in terms of the applicable dispute resolution procedure. FOR PERSONNEL USE ONLY CONFIRMATION OF PROBATIONARY APPOINTMENT NAME : PERSAL No. DATE OF PERMANENT APPOINTMENT: FOLIO: APPLICATION FOR EMPLOYMENT : FOLIO: IDENTITY DOCUMENT : FOLIO: - CITIZENSHIP: FOLIO: *SCHOOL QUALIFICATIONS: FOLIIO: *OTHER QUALIFICATIONS : FOLIO : * SACE REGISTRATION FOLIO: FOLIO: QUARTERLY REPORTS AVAILABLE (YES/NO) : (STATE QUALIFICATION REPORT NUMBER AND INDICATE FOLIO NUMBER) CONFIRMATION CERTIFICATE : FOLIO: DATE ON WHICH INITIAL PROBATIONARY PERIOD EXPIRED : No. OF DAYS LEAVE TAKEN DURING : PROBATIONARY PERIOD : DATE ON WHICH THE EXTENDED : PROBATIONARY PERIOD EXPIRED : THE EDUCATOR COMPILES WITH ALL THE : REQUIREMENTS FOR PERMANENT APPOINTMENT : YES NO SENIOR PERSONNEL OFFICER DATE CHECKED BY: PRINCIPAL PERSONNEL OFFICER DATE THE CONFIRMATION OF THE PERMANENT APPOINTMENT IS RECOMMENDED CHIEF PERSONNEL OFFICER DATE

10 CONFIRMATION OF PROBATIONARY APPOINTMENT IS APPROVED AS PER DELEGATED AUTHORITY MANAGER: EDUCATION MANAGEMENT SERVICES DATE *STATE QUALIFICATION AND INDICATE FOLIO NUMBER LETTERHEAD Mr / Ms: Dear Sir / Madam CONFIRMATION OF APPOINTMENT I wish to inform you that your permanent appointment has been confirmed with effect from. Yours faithfully REGIONAL SENIOR MANAGER / CHIEF EXECUTIVE OFFICER DATE:

11 POST LEVEL ONE EDUCATOR CRITERIA DEFINITION EXPECTATION 1. CORE 1.1. Curriculum development 1.2. Creation of a learning environment 1.3. Lesson presentation and methodology 1.4. Classroom management Interpretation of learning programmes, development of learning materials and assessment methods and selection of appropriate teaching strategies. The tone and spirit in the classroom. The atmosphere in which teaching and learning takes place. General attitude to learners and the expectations, which are aroused. The relationship between routines, stimulation, industrious activity and creativity. The establishment of productive, encouraging, demanding and supportive environment for learners. Educator s knowledge and experience of the learning area that is presented to learners in ways that produce learning, interest, involvement, questions and critical thinking. This relies upon the teacher s skills in planning and organizing individual lessons as well as programmes of learning based upon insight into the learning areas to be taught. There is evidence of discipline, guidance and support, leading to sound rapport with learners, positive reinforcement, encouragement and appropriate admonition and effective, fair, regular and varied assessment of learner s efforts. The ability to inspire and encourage learners The educator plans and designs teaching and learning activities where learning is a collective enterprise, integrative, active and goal oriented. Mutual interest and enthusiasm between teacher and learner create the learning environment. Learners expect to work hard at valid and satisfying tasks as a result of the open and critical discussion based upon rich and diverse materials. The classroom atmosphere encourages the exchange of ideas, questions and experiences, and learning is understood as a co-operative and productive activity. Learning opportunities take place at different levels at the same time. The teacher has an excellent grasp of the learning area and is highly skilled at using many ways to promote the needs and expectations of learners. Each lesson has strong links with those before and after, and learner involvement is an integral part of their own education and development. Learner emerges with a confident and broad understanding of the learning area at their level. Demonstrates effective ability to encourage, guide and support learners. Self motivate to the extent that it influences other people positively. Noticeable drive, enthusiasm and tenacity. Encourages staff to achieve excellence in the classroom.

12 to produce their best performance and maintain high standards of behavior and ethics

13 CRITERIA DEFINITION EXPECTATION 1.5. Learner assessment 1.6. Recording and analyzing data 1.7. Development of learning field competency 1.8. Professional development in field of work / career and participation in professional bodies 1.9. Human relations The ability to assess the progress as well as the potential and actual learning through using a variety of assessment procedures. The extent to which the evaluation of learner development is managed continuously in ways of the learners and the learning area. The ability to use the result of learner performance for diagnostic purposes, remedial work and for adapting teaching programmes. Recording and analysis of data achievement and performance, the level attained in terms of reaching departmental objectives. Deliberate efforts by the teacher to keep up with developments, research and publications in his or her learning area. This includes how the learning area fits into the learning fields and developments in learning area effectively. Extent to which the teacher acquires further and new skills and expertise in, not only his/her own learning area but more particularly in educational thinking, administration management, vocational and /or technical areas. Quality of personnel and professional relations with all members of the school community. Support given to colleagues and learners. Ability to inspire and encourage people to seek and maintain high standards of performance. Ability to establish relationships based Using the assessment of learners creatively so that it serves many constructive purposes. Sets high but achievable standards consistent with the levels and abilities of the learners. Has a lively interest in assessment and its possibilities and is aware of new methods. Learners receive as a consequence of continuous and varied assessment. Keeps complete and comprehensive records of learners progress. Records and analyses of data are exceptionally well kept. Analysis of data is accurate/ shows exceptional ability for utilization of the data for problem solving and development. Sustains a lively interest in her or his learning area to the extent that, in addition to teaching it will, this teacher leads learning area committees, contributes to workshops and is capable of lecturing to trainee teachers in the learning area. Has a lively sense of the need for educators to acquire new knowledge and additional skills if they are to make Departmental policy succeed. Uses all opportunities to become familiar with fresh and further thinking in a number of educational areas. Uses the experience of implementing new thinking to report to colleagues and the Department on the effects of such new approaches to education in an actual school situation. Has excellent personal and professional relationships with most members of the school community. Is regarded as open, honest and accessible and can offer advice and criticism without causing offence and discomfort. Is very supportive of colleagues and learners. Enjoys

14 upon respect and trust. confidence of parents and members of the community Leadership The ability to take the initiative and to act defensively. Degree of influence on colleagues in making decisions, determining aims and defining of objectives. Extent to which he/she acts in terms of priorities and opportunities and the degree to which others rely on the insight, point of view, judgment and will of this teacher Community Appreciation and support of institution s needs/exercise of initiative on institution s behalf/voluntary commitment/willingness to get actively involved in learner, staff and parent matters by participating in committee meetings, workshops and projects. Knowledge of values and customs of the community. Promotion of education in the community. Contribution to building links between the school and the broader community Extracurricular Contribution to school development Involvement in and availability for school activities outside the classroom and outside teaching hours. This includes sports, cultural activities, meetings with parents and students school committee work, attendance at courses and workshops arranged by the Department and educational agencies. Understanding of and contributions to the implementation of departmental policies and circulars, the new curriculum and circulars, the new curriculum and whole school development initiatives. Shows well-developed leadership qualities in an educational environment. Is able to influence colleagues with decisive recommendations and has a clear sense of how decisions can be implemented. Leadership qualities are demonstrated in stepping forward and in holding back. Is expected by community to play a leadership role in many of the school s activities. Very good attitude to the community/is sensitive to the norms and customs of the community across a very broad from/promotes a very good image of education/is held in high regard by the community/encourages strong links between the school and the community. Makes active use of after hours time for cultural, sporting and instructional purposes. Plays a leading role in encouraging staff and students to arrange extracurricular activities. Participates in school and Departmental meetings after school hours and assists with organizing meetings of the school community. Available to students and parents in the afternoons. Is familiar with current policies, the new curriculum and the process of school change and whole school development. Is able to apply this understanding

15 PROBATION REPORT: EDUCATOR ON PROBATION N.B. THIS FORM MUST BE COMPLETED IMMEDIATELY UPON EXPIRY OF THE REPORTING PERIOD AND MUST BE SIGNED BY THE EDUCATOR ON PROBATION PART A : TO BE COMPLETED BY THE SUPERVISOR Name : Persal No. : SACE Registration No: Identity Number Region : District : Institution : Date of Appointment : Report Number : Period of Report : CRITERIA 1. Curriculum Development 2. Creation of a Leaning environment 3. Lesson presentation and methodology 4. Classroom management 5. Learner assessment 6. Recoding and analyzing date 7. Development of learning field competency 8. Professional development in field of work/career and participation in Professional bodies 9. Human Relations 10. Leadership 11. Community 12. Extra-curricular work 13. Contribution to school development SATISFACTORY (*) UNSATISFACTORY (*) Comments on Work Performance:

16 SIGNATURE DESIGNATION DATE (*) Mark appropriate column with an X PART B : TO BE COMPLETED BY HEAD OF COMPONENT/INSTITUTION AGREE DISAGREE Comments : SIGNATURE DESIGNATION DATE PART C : TO BE COMPLETED BY THE EDUCATOR ON PROBATION The contents of the Quarterly Report are noted. Representations are attached / not attached. SACE REGISTRATION NO: SIGNATURE (EDUCATOR ON PROBATION) DATE

17 KWAZULU-NATAL DEPARTMENT OF EDUCATION AND CULTURE PROBATION CERTIFICATE PART A : TO BE COMPLETED BY THE SUPERVISOR IN RESPECT OF AN EDUCATOR ON PROBATION 1. NAME : 2. PERSAL NUMBER : 3. STATIONED AT (INSTITUTION/OFFICE) : 4. DATE OF APPOINTMENT : 5. PROBATIONARY PERIOD : 6. INITIAL PROBATIONARY PERIOD EXPIRES ON : 7. EXTENDED PROBATIONARY PERIOD : 8. EXTENDED PROBATIONARY PERIOD EXPIRES ON : 9. I certify that, during the probationary period/extended probationary period: a) the educator has been diligent /has not been diligent; b) the educator s conduct has been uniformly satisfactory/ has not been uniformly satisfactory/has not been uniformly satisfactory; and c) the educator is suitable in all respects for the post he/she holds / is not suitable for the post he/she holds. 10. I recommend that : The permanent appointment of the educator be confirmed; The probationary period of the educator be extended for a further period; The services of the educator be terminated. SIGNATURE DESIGNATION DATE

18 PART B : TO BE COMPLETED BY THE HEAD OF COMPONENT / INSTITUTION I agree /disagree. Comments: SIGNATURE DESIGNATION DATE PART C : TO BE COMPLETED BY THE SUPERINTENDENT OF EDUCATION : MANAGEMENT AND DISTRICT MANAGER ONLY IN RESPECT OF EDUCATORS AT EDUCATIONAL INSTITUTIONS Noted. Comments (if any) : SIGNATURE DESIGNATION DATE

19 TO BE COMPLETED BY DISTRICT MANAGER Noted and forwarded to Human Resource Component. Comments (if any): SIGNATURE FULL NAME DATE

20 DEFINITION OF TERMS 1. Confirmation : process through which the probationer is declared permanent into the post he/she holding, after a period of 12 months on the basis of satisfactory performance and conduct keeping with applicable legislation and regulations. 2. Appraisal : Implies making judgments and decision on quality or effectiveness of a programme or set of actions. 3. Core Criteria : Primary elements of the responsibility of the person s job (job description) on which the person has no choice but to be appraised on. 4. Probationer : an educator who occupies a substantive post for at least 12 months but who is not yet appraised for permanent appointment in that post. 5. Educator : Refers to any person whose conditions of employment are regulated by the Employment of Educators Act No.76 of Head of Institution: a person in charge of a work site where the educator is based for the purposes of his/her work e.g. Principal for school or head of educational department for provincial head office. 7. Institution based Educator : Educators employed in a Public school, Further Education and Training Institution (FET). 8. Curriculum Development: Interpretation of learning programmes, development of learning materials and assessment methods and selection of appropriate teaching strategies. 9. Termination : Stoppage of an activity or end of employment. 10. Appointment : Hiring of employee/ educator on permanent or contractual basis. 11. Supervisor : A person empowered /authorized to oversee and manage performance of other employee s at the workplace. 12. School Holiday: means a period between any two consecutive school terms during which tuition is suspended. 13. Transfer: means the movement of an employee and his/her household from old headquarters to new headquarters

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