Educational Management and Law: Misconduct and Incapacity Procedures

Vocabulary flashcards covering educator misconduct, serious misconduct, disciplinary sanctions, and incapacity procedures (poor work performance and ill health or injury) under the Employment of Educators Act (EEA).

Section 17 of EEA

The provision within the Employment of Educators Act that governs serious misconduct.

Section 18 of EEA

The provision within the Employment of Educators Act that defines acts or omissions constituting educator misconduct and outlines applicable disciplinary processes.

S18 Misconduct: Financial Transgression

Operating any money-lending scheme for employees for one's own benefit during working hours or from the premises of the educational institution or office where employed.

S18 Misconduct: Weapons Violation

Carrying or keeping firearms or other dangerous weapons on State premises without the written authorisation of the employer.

S18 Misconduct: Unlawful Industrial Action

Participating in unprocedural, unprotected, or unlawful industrial action in violation of educator employment regulations.

S18 Misconduct: Falsification and Dishonesty

Giving false statements or evidence in the execution of duties, falsifying records or any other documentation, or committing an act of dishonesty.

S18 Misconduct: Non-Compliance with Intervention

Failing or refusing to obey security regulations, follow a formal programme of counselling, attend rehabilitation, or undergo a medical examination as contemplated in the Act.

Fine (Misconduct Sanction)

A monetary disciplinary penalty imposed on an educator that may not exceed one month's salary.

Suspension Without Pay

A disciplinary sanction for educator misconduct lasting for a period not exceeding three months.

Suspended Sanction

A disciplinary penalty that is suspended for a specified period subject to conditions determined by the employer.

Dismissal Offences under Section 18

Severe transgressions that warrant termination of employment, including dishonesty, victimising an employee for trade union association, unfair discrimination, rape, murder, and contravening section 10 (corporal punishment).

Contravening Section 10

The statutory dismissal offence involving the unlawful administration of corporal punishment.

Schedule 1A

The Incapacity Code and Procedure for Poor Work Performance governing the steps to evaluate, counsel, and manage underperforming educators.

Schedule 1A Written Reasons

The formal notification served to an educator stating why it is necessary to initiate the poor work performance incapacity procedure.

Formal Programme of Counselling and Training

A structured intervention established under Schedule 1A that includes realistic time frames and appropriate training to assist an underperforming educator.

Schedule 1A Employer Sanctions

The remedies available if an educator continues to fail performance standards: providing further training, providing counselling, transferring, demoting, or terminating employment.

Schedule 1B

The Incapacity Code and Procedures in Respect of Ill Health or Injury regulating how to handle educators unable to perform due to medical conditions.

Schedule 1B Medical Examination Procedure

The process requiring at least one appointed registered medical practitioner to report on the educator's health, while allowing the educator to nominate another practitioner.

Schedule 1B Medical Report

A confidential document indicating whether an educator's incapacity is temporary or permanent and providing the expected duration of the incapacity.

Permanent Incapacity Interventions (Schedule 1B)

Employer actions required upon confirmed permanent illness or injury: providing alternative employment, adapting duties to accommodate the condition, or considering termination of services.