Educational Management and Law (HFED032): Misconduct and Incapacity Codes

Vocabulary practice flashcards covering misconduct (S17, S18), sanctions, dismissal offences, and incapacity codes (Schedule 1A and Schedule 1B) from the Educational Management and Law (HFED032) lecture.

S17 of the Employment of Educators Act (EEA)

The statutory section governing acts or omissions categorized as serious misconduct by an educator.

S18 of the Employment of Educators Act (EEA)

The statutory section defining acts and omissions that constitute misconduct by an educator, such as dishonesty, running a money-lending scheme, or keeping weapons on premises.

Money-Lending Scheme Misconduct

An act of misconduct under S18 where an educator operates a money-lending scheme for employees for their own benefit during working hours or from the premises of the educational institution or office.

Firearms Misconduct (S18)

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

Sanctions for Misconduct

Disciplinary penalties that may be imposed on an educator, including counselling, verbal warning, written warning, final written warning, fine not exceeding one month’s salary, suspension without pay not exceeding three months, demotion, a combination of these sanctions, or dismissal.

Maximum Misconduct Fine

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

Suspension Without Pay Limit

A misconduct sanction under the EEA that permits an employer to suspend an educator without salary for a maximum period not exceeding three months.

Dismissal Offences under the EEA

Severe offences warranting dismissal, specifically listed as dishonesty, victimising an employee for association with a trade union, unfair discrimination, rape, murder, and contravening section 10 (corporal punishment).

Contravening Section 10

The administering of corporal punishment by an educator, which constitutes a specific offence warranting dismissal.

Schedule 1A

The Incapacity Code and Procedure for Poor Work Performance, which outlines the procedural steps to evaluate, counsel, train, and manage an underperforming educator.

Schedule 1A Initial Step

Giving written reasons to the educator explaining why it is necessary to initiate the poor work performance procedure before holding a meeting.

Formal Programme of Counselling and Training

A structured corrective plan developed under Schedule 1A following an incapacity hearing, which must incorporate realistic time frames and appropriate training.

Employer Remedies for Continued Poor Performance (Schedule 1A)

Actions the employer may take if the educator fails to meet the required performance standard after support: providing further training, providing counselling, transferring, demoting, or terminating employment.

Schedule 1B

The Incapacity Code and Procedures in Respect of Ill Health or Injury, governing the legal investigation and accommodations when an educator cannot perform or resigns due to health conditions.

Medical Examination Procedure (Schedule 1B)

A process requiring the appointment of at least one registered medical practitioner to examine the educator and report on health status, while allowing the educator to nominate an additional registered practitioner.

Medical Report Requirements (Schedule 1B)

The medical findings that must explicitly indicate whether the educator's incapacity is temporary or permanent, as well as the expected period of the incapacity.

Accommodations for Permanent Incapacity (Schedule 1B)

Measures the employer must investigate if ill health or injury is permanent, specifically securing alternative employment or adapting duties before considering termination of services.

Consequence of Refusing to Co-operate (Schedule 1B)

Disciplinary action that may be instituted against an educator if they refuse to undergo required medical examinations or participate in the incapacity process.