[Question] Notice period - Teachers assistant

[Bertus123]

Hi

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.

Regards

[HR Solutions]

I am going to give you my input ....... as a past Governing Body Chairman

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.

You can't really bind anyone to working for them, so they have worded this incorrectly - I do feel some payback should have been worded tho

On his contract it states that he must work 3 month's notice.

Yes this is very fair and normally coincides with school terms, otherwise learners are disrupted

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)

So in other words when he agreed the contract with the school it was ok, now it is not ok because a new employer has come along ?
What happens in a years time when a new potential employer comes along - is he going to want to renegade on that contract as well ?
What do you think is fair ? Do you not think he should burn his bridges where he is currently working ??

This morning the principal calls him in front of the school's board without any notice.

They don't need notice to speak to him

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 ?

It seems he did sign the contract and if I was on the board and a teacher did this I would also pursue it. There is a reason for contracts !

Not sure why he wants to burn his bridges behind him. It was good enough at the beginning for him, not good enough now.

From a Recruitment point of view, when someone has department of labour on their record it does not come across well - a future employer does not alway go into the details - they see department of labour and move on. This always stays on your name whether it is mentioned in a cv or not. Therefore I personally would not go to any labour court - I would honour my obligations.

[bones]

i would speak to the CCMA if they used him as
teacher then they are in conflict of there own
contract if i am not mistaken it is illegal to use
him as a teacher when he is not qualified but
the CCMA will know more

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From a Recruitment point of view, when someone has department of labour on their record it does not come across well - a future employer does not alway go into the details - they see department of labour and move on. This always stays on your name whether it is mentioned in a cv or not. Therefore I personally would not go to any labour court - I would honour my obligations.

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i would print this part out and ask the CCMA
about this as it is very serious and can
effect his future employment the CCMA
really must take this seriously

[HR Solutions]

Fully agree, but when a future employer goes thro 5 cv's for example he will avoid the one that has any "baggage" on from past relations with previous employers.

Coming back to the using him as a teacher ..... sometimes an assistant is qualified, but the gain experience he gets used as an assistant. If the Governing Body feels he can cope on his own, he is left on his own. If he is NOT qualified it is a different story.

[GillianW]

Hi

I seem to remember that the LRA shows minimum requirements so the contract will be the binding one. I would suggest he talks to his new potential employer and explains that he does have a 3 month notice period and can not be released earlier. I think the ethical thing to do is for to meet his obligations as the company has spent some money educating him.

[Bertus123]

Thank you.

I've had a look of his contract of employment and it is not worth the ink or the paper that was used for the printing.

We've come to an arrangement with the school in regards to the notice period and the money spent for his studies.

It just irks me to see that this specific private school is handling all of their teacher's assistants.