1. The Minister for Public Service and Administration has issued a determination on the introduction of an Employee-Initiated Severance Package (EISP).

2. APPLICABILITY OF THE DETERMINATION

The determination is applicable to all educators appointed permanently in terms of the Employment of Educators Act, 1998 (Act 76 of 1998), as amended.

3. PURPOSE OF THE DETERMINATION
3.1 The determination is intended to allow educators affected by transformation and restructuring and who wish to exit the service of the Western Cape Education Department (WCED), to apply for an employee-initiated severance package, which, if approved, will require the educator to be discharged from the WCED.
3.2 The national Department of Education has provided the following enlightenment on what is meant by "educators" affected by transformation and restructuring:

Transformation

" … relates to circumstances where there is a need to change the nature, function or condition of an educator's continued employment to give effect to the principles for public administration as contained in Section 195 of the Constitution, 1996. In practice, such circumstances will typically relate to the following:

  • The improvement of the effective utilisation of resources

  • The equitable provision of public services

  • The establishment of a representative workforce

Restructuring

" … relates to circumstances where an educator's continued employment has become undesirable due to the following:

  • The re-organisation and/or re-location of functions

  • The need to provide for the re-deployment and/or alternative placement of excess educators"
4. APPLICATION OF THE DETERMINATION

Only educators affected by transformation and restructuring may apply to be discharged in respect of the Employment of Educators Act, 1998 (Act 76 of 1998) from the WCED on the basis of the Employee-Initiated Severance Package. The granting of the package is not subject to a condition that such an educator may not accept or seek re-appointment in the public service.

5. CRITERIA FOR CONSIDERATION OF APPLICATIONS
5.1 When the executing authority (or delegate) receives an application, he/she must decide whether or not to support the application.
5.2 In considering the application, the following criteria must, as a minimum, be taken into account:
5.2.1 The impact of the educator's exit from the WCED on its service delivery capabilities
5.2.2 The educator's competence and suitability for continued employment
5.2.3 The manner in which the educator's exit will support the transformation and restructuring of the department
5.2.4 The specific reasons for the educator's request
5.2.5 The ability of the WCED to finance the costs related to the payment of the severance package (e.g. refunding the Pension Fund, severance pay, leave pay, etc.)
5.2.6 The impact of the granting of the severance package on the morale of other educators
5.2.7 Whether the educator occupies a post on the WCED's establishment or whether the educator is held additional to the establishment

6. NOTICE OF TERMINATION OF SERVICE

Upon receipt of notification of the approval of his/her application, an educator must be discharged in accordance with the Employment of Educators Act, 1998 (Act 76 of 1998). The educator's exit from the WCED must take effect within a period of two months after the date of the notice of the decision to approve his/her application.

7. GENERAL ASPECTS
7.1 Any charge of misconduct or incapacity against an educator must first be finalised before his/her application can be considered.
7.2 If an application is refused, it is not necessary to refer the application to the Minister for Public Service and Administration.
7.3 If an application is refused, the grounds for refusal must be indicated in writing.
7.4 Educators must be informed of their right to take a decision on review. In this regard the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000) must be complied with.

8. BROAD FOCUS OF DECISIONING-MAKING CRITERIA

The broad focus of the criteria as set out in paragraph 5.2 above is finding a sound balance between the service delivery demands and transformation imperatives (employment equity with a view to a more representative workforce). The ministerial determination has as its primary foci continuity and stability in service delivery. It is therefore clear that not all applications can and will be favourably considered. A holistic approach will invariably have to be applied to ensure that valuable skills and expertise are not lost to the WCED.

9. EDUCATORS ALREADY AFFECTED BY PREVIOUS RESTRUCTURING EXERCISES

All educators who have been declared in excess may apply for the severance package.

10. PROCEDURE FOR CONSIDERATION OF APPLICATIONS

Applications must be submitted as follows:
10.1 Educators must complete the attached application form (Annexure A).
10.2 The application form must be submitted to his or her director/head of the institution for comments/recommendation. The principal (circuit manager in the case of a principal) must add his/her comments/recommendation at Section B of Annexure A.
10.3 The completed application form must be submitted to the Directorate: Personnel Management (Educators), For attention: Ms MHW Engelbrecht, Room 10-03, who will deal with the further processing and co-ordination of all applications.

11. DECISION-MAKING PROCESS

The following decision-making processes have been stipulated in the determination of the Minister for Public Service and Administration:
11.1 The relevant Member of the Executive Council (MEC) (or the Head: Education) must indicate whether he/she supports or does not support the application.
11.2 The Minister for Public Service and Administration must provide her/his comments with regard to each application.
11.3 The MEC (or the Head: Education) must make a final decision.

12. Please ensure that all educators are informed of the contents of this circular.

13. Your co-operation in this regard is appreciated.


SIGNED: R.B. SWARTZ
HEAD: EDUCATION
DATE: 2006:10:20

Annexure A  (size: 14 KB)