The feasibility of localised strike action by educators in cases of learner misconduct
Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the wo...
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| Format: | Article |
| Language: | English |
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Education Association of South Africa
2012-01-01
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| Series: | South African Journal of Education |
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| Online Access: | http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0256-01002012000200001 |
| _version_ | 1829532529146724352 |
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| author | J P Rossouw |
| author_facet | J P Rossouw |
| author_sort | J P Rossouw |
| collection | DOAJ |
| description | Developments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective legal framework, South African schools regularly witness incidents where fundamental rights of educators are infringed. Numerous educators are currently convinced that their rights are put second to the rights of learners, even in cases of physical or psychological violence against them. Where ineffective enforcement of legislation by the state occurs, educators' security is undermined. This article explores various ways of compelling the employer to enforce existing legislation effectively against learner delinquency that may impact on the security of a specific group of educators. The basic claim of the article is that industrial action by educators in the form of localised strikes is feasible, provided that all other remedies have been exhausted. It is concluded that justice should be visibly reinstated by the state as employer, in all cases where educators' right to security are violated |
| first_indexed | 2024-12-16T18:41:46Z |
| format | Article |
| id | doaj.art-a2050c1aeffc410ab084868a71cd3b3b |
| institution | Directory Open Access Journal |
| issn | 0256-0100 2076-3433 |
| language | English |
| last_indexed | 2024-12-16T18:41:46Z |
| publishDate | 2012-01-01 |
| publisher | Education Association of South Africa |
| record_format | Article |
| series | South African Journal of Education |
| spelling | doaj.art-a2050c1aeffc410ab084868a71cd3b3b2022-12-21T22:21:02ZengEducation Association of South AfricaSouth African Journal of Education0256-01002076-34332012-01-01322133143The feasibility of localised strike action by educators in cases of learner misconductJ P RossouwDevelopments in South African labour legislation since the inception of the new democracy indicate serious attempts by the legislators to protect the interests of employees. The Bill of Rights has, concurrently, enshrined a variety of fundamental rights that, in principle, offer protection in the workplace. Despite this established, protective legal framework, South African schools regularly witness incidents where fundamental rights of educators are infringed. Numerous educators are currently convinced that their rights are put second to the rights of learners, even in cases of physical or psychological violence against them. Where ineffective enforcement of legislation by the state occurs, educators' security is undermined. This article explores various ways of compelling the employer to enforce existing legislation effectively against learner delinquency that may impact on the security of a specific group of educators. The basic claim of the article is that industrial action by educators in the form of localised strikes is feasible, provided that all other remedies have been exhausted. It is concluded that justice should be visibly reinstated by the state as employer, in all cases where educators' right to security are violatedhttp://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0256-01002012000200001educator rightsemploymenthuman dignityindustrial actionsecuritystrike action |
| spellingShingle | J P Rossouw The feasibility of localised strike action by educators in cases of learner misconduct South African Journal of Education educator rights employment human dignity industrial action security strike action |
| title | The feasibility of localised strike action by educators in cases of learner misconduct |
| title_full | The feasibility of localised strike action by educators in cases of learner misconduct |
| title_fullStr | The feasibility of localised strike action by educators in cases of learner misconduct |
| title_full_unstemmed | The feasibility of localised strike action by educators in cases of learner misconduct |
| title_short | The feasibility of localised strike action by educators in cases of learner misconduct |
| title_sort | feasibility of localised strike action by educators in cases of learner misconduct |
| topic | educator rights employment human dignity industrial action security strike action |
| url | http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S0256-01002012000200001 |
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