| 1. |
The constitution of the Education Labour Relations Council (ELRC) has been amended by Collective Agreement 1 of 2006, which takes effect on 1 May 2006.
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| 2.1 |
The amended constitution now makes provision in Clause 14.3 of Annexure B (attached) for a party to lodge a dispute based on any act or omission by a school governing body and which relates to appointment, promotion or transfer of educators.
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| 2.2 |
In this regard, the procedure set out in Clause 14.3 is applicable only to a dispute resulting from Section 6(3) of the Employment of Educators Act (Act No 76 of 1998).
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| 3. |
Time limits for lodging of dispute
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| 3.1 |
The Agreement also brings about new time limits.
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| 3.2 |
Disputes relating to appointments, promotions or transfers must be lodged with the General Secretary of the ELRC within 30 days of becoming aware of, or being informed of, the matter that has given rise to the dispute in terms of Clause 16.1.3 of Annexure B (attached).
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| 3.3 |
However, if the employee lodges a grievance first, but later wishes to lodge a dispute as well, such a dispute must be lodged within 30 days of the employee ending participation in the grievance procedure.
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| 3.4 |
An employee may not lodge a dispute which first requires the internal grievance procedure to be followed, until that procedure has been completed, unless there has been no outcome within 45 days of lodging the grievance.
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| 4. |
Please find attached an extract from the Agreement that contains the relevant portions of Clauses 14.3 and 16.1 of Annexure B of the amended constitution of the ELRC.
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| 5. |
The contents of this minute must please be brought under the attention of all educators and School Governing Body officials.
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SIGNED: G.J. ELLIOTT
HEAD: EDUCATION
DATE: 2006:07:06
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