I would like to know if anyone can assist me with the following:
My son started working as a teacher's assistant in January of 2015.
The school paid for a course in ECD (Early Childhood Development) with the understanding that for every 3 years that he studies (that the school pays) that he must work a year for them.
From the period from January 2015 up to now he has been used as a teacher for between 5 to 6 months, without any supervision or assistance.
He found a new position out of the Education line.
On his contract it states that he must work 3 month's notice.
His new employer wants him to start as soon as possible and he has given the school 6 weeks notice(1.5 months). (From 15 Feb 2016 to 31 March 2016)
Is he liable to pay the balance of his notice period ?
This morning the principal calls him in front of the school's board without any notice.
The school board notified his that he should pay the 1.5 month's salary for the short notice as well as the money spent on the course that he did last year and that they are willing to go to court to enforce it.
I want to know what is he to do, legally ?
Is he bound by the contract or by the LRA, that states that he needs to give 1 month's notice for a year worked?
Can we threaten the school with the Department of Labour, due to the school using teacher's assistant as a full teacher? Unfair Labour practice.