EDUCATION LABOUR RELATIONS COUNCIL

Established in terms of the LRA of 1995 as amended

DRAFT COLLECTIVE AGREEMENT

NUMBER X OF xxx

Permanency and prevention of less favourable treatment

of educators employed on fixed term contracts

2 ELRC Collective Agreement X of 2017

EDUCATION LABOUR RELATIONS COUNCIL

COLLECTIVE AGREEMENT NO X OF 2017

Permanency and prevention of less favourable treatment

of educators employed on fixed term contracts

OBJECTIVES

To provide that section 198B of the Labour Relations Act No 66 of

1995, as inserted by Section 38 of the Labour Relations Act No 6 of 2014 shall

not apply to educators employed in the public education sector in terms of

the Employment of Educators Act;

To provide for an equitable dispensation for the conversion of fixed

term contracts into employment on an indefinite basis in public education;

To provide for an equitable dispensation for the prevention of less

favourable treatment of educators employed on fixed term contracts;

To prevent educators who are appointed on fixed term contracts,

from entering the education profession permanently by bypassing (1) the

minimum prescribed requirements for permanent appointment (2) the

recruitment and selection processes prescribed for appointment of educators

in terms of section 6 and 7 of the Employment of Educators Act, and (3) the

collectively agreed on procedures that must be followed for the permanent

appointment and promotion of educators;

3 ELRC Collective Agreement X of 2017

LEGAL FRAMEWORK The Constitution of the Republic of South Africa

ILO Convention on the Termination of Employment, 1982 (C 158)

The Labour Relations Act No 66 of 1995, as amended

Employment of Educators Act No 76 of 1998

The South African Schools Act No 84 of 1996

Public Service Act, 1994

Personnel Administrative Measures (PAM)

ELRC Resolution 5 of 1998

PSCBC Resolution 1 of 2007

Eastern Cape Provincial Chamber Collective Agreement 1 of 2014

Gauteng Provincial Chamber Collective Agreement 1 of 2014

Mpumalanga Provincial Chamber Collective Agreement 1 of 2014

North West Provincial Chamber Collective Agreement 1 of 2010

Free State Provincial Chamber Collective Agreement 1 of 2009

KwaZulu Natal Provincial Chamber Collective Agreement 1 of 2006

Limpopo Provincial Chamber Collective Agreement 1 of 2006

Limpopo Provincial Chamber Collective Agreement 2 of 2006

THE PARTIES NOTE AS FOLLOWS:

That ILO Convention 158 of 1998 provides that adequate safeguards

shall be provided against recourse to contracts of employment for a specified

period of time the aim of which is to avoid the protection provided against

unfair dismissals;

That section 198B of the Labour Relations Act No 66 of 1995, as

inserted by Section 38 of the Labour Relations Act No 6 of 2014 provides for

the automatic conversion of certain fixed term contracts into indefinite

employment after 3 months under certain circumstances;

4 ELRC Collective Agreement X of 2017

That section 186(b)(ii) of the Labour Relations Act No 66 of 1995, as

inserted by Section 30 of the Labour Relations Act No 6 of 2014 provides for

employees who are employed on fixed term contracts, to acquire a

reasonable expectation of permanent employment under certain

circumstances;

That section 198B(2)(c) of the Labour Relations Act No 66 of 1995,

as inserted by Section 38 of the Labour Relations Act No 6 of 2014 provides

that section 198B shall not apply to an employee employed in terms of a fixed

term contract which is permitted by any collective agreement;

That the public education sector is a unique sector that requires a

unique approach as regards the dispensation applicable to educators

employed on fixed term contracts;

That section 6 of the Employment of Educators Act, 1998 provides

that any appointment, promotion or transfer to the post establishment of a

public school may only be made on the recommendation of the governing

body of that school;

That jurisprudence has determined that any appointment of an

educator made at a public school without a recommendation from a school

governing body as contemplated by section 6 of the Employment of

Educators Act, is unlawful and invalid;

That section 6 of the Employment of Educators Act, 1998 provides

that appointments, promotions and transfers to post on the post

establishment of a public school must be made in accordance with the

procedures provided for in collective agreements, the Personnel

Administrative Measures, and the Employment of Educators Act;

5 ELRC Collective Agreement X of 2017

That section 6 of the Employment of Educators Act is not always

complied with when appointing educators on fixed term contracts, in that the

collectively agreed to procedures for appointment are not followed and the

recommendation of the school governing body not obtained, with the result

that the automatic conversion of such fixed term contracts into permanent

appointments, would be in contravention of section 6 of the Employment of

Educators Act;

That section 6B of the Employment of Educators Act, 1998 allows the

Head of Department after consultation with the Governing Body of a Public

School to convert the temporary appointment of an educator appointed to a

post on the educator establishment of the Public School into a permanent

appointment in that post.

That most provincial chambers of the ELRC already have provincial

collective agreements in place, governing the conversion of fixed term

contracts into permanent employment under certain circumstances;

That PSCBC Resolution 1 of 2007 governs the benefits to which

educators on fixed term contract are entitled to;

That the average time frames in foreign jurisdictions for mandatory

conversion of fixed term employment into indefinite employment ranges from

18 months to 48 months;

6 ELRC Collective Agreement X of 2017

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

PART 1

GENERAL AND INTERPRETATION

1. SCOPE

This agreement applies to and binds:

a) The employer and

b) All employees of the employer as defined in the Employment of

Educators Act, 1998, employed as school based educators, whether

such employees are members of Trade Union parties to this

agreement or not.

2. DEFINITIONS AND INTERPRETATION

a) “fixed term contract” means a contract of employment that

terminates on

(i) the occurrence of a specified event; or

(ii) the completion of a specified task or a fixed date; or

(iii) a fixed date, other than the employee’s normal or agreed

retirement age

b) “Fixed term educator” means an educator that is employed on a

fixed term contract or on successive fixed term contracts

7 ELRC Collective Agreement X of 2017

c) “Permanency”, “permanent employment” and “indefinite

employment” shall have the same meaning in this collective

agreement

d) “Permanent educator”means an educator who is not a fixed term

educator

e) “Pro rata principle” means that where a comparable permanent

educator receives or is entitled to pay or any other benefit, a fixed-

term educator is to receive or be entitled to such proportion of that

pay or other benefit asis reasonable in the circumstances having

regard to the length of his contract of employment and to the terms

on which the pay or other benefit is offered;

f) “Office based educator” means an educator who is not employed

at a public school;

g) “Renewal” includes extension;

h) “School based educator” means an educator who is employed by

the employer at a public school;

i) “Successive fixed term contracts” means an initial fixed term

contract followed by further fixed term contracts or renewals and/or

prolongations thereof, between the same parties on the same or

similar employment terms and at the same school with gaps of 7

calendar days or less between the successive fixed term contracts.

School holidays are deemed a temporary cessation of work and will

not interrupt continuity for purposes of determining whether fixed

term contracts were successive.

8 ELRC Collective Agreement X of 2017

j) “Temporary educator” means the same as a fixed term educator;

k) “Year” means any period of 52 weeks;

l) Whenever a personal pronoun is used herein, it is understood that

such usage shall include both singular and plural, masculine, feminine

and neuter and refer in appropriate cases to juristic persons as well

as natural persons

3. ALTERNATIVE DISPENSATION

3.1 Section 198B of the Labour Relations Act No 66 of 1995, as

inserted by Section 38 of the Labour Relations Act No 6 of 2014

shall not apply in the public education sector in respect of any

educator;

3.2 The rights of educators employed in the public education sector

on fixed term contract, shall be governed by the provisions of

this collective agreement;

9 ELRC Collective Agreement X of 2017

PART 2

SUCCESIVE FIXED TERM CONTRACTS

4. PROVINCIAL COLLECTIVE AGREEMENTS

4.1 This collective agreement does not supersede or repeal any

provincial chamber ELRC collective agreement that is currently

in place and that governs the conversion of fixed term contracts

into permanent employment, provided that the conversion

provided for in a provincial collective agreement is done in

accordance with section 6B of the Employment of Educators Act,

after due consultation with the school governing body and

provided that when the educator was appointed on fixed term

contract, such appointment was made on the recommendation

of the school governing body. Non-compliance with sections 6

and 6B of the Employment of Educators Act has the effect that

temporary employment cannot lawfully be converted into

permanent employment;

4.2 Any educator employed on a fixed term contract, who is

entitled by virtue of any provincial chamber collective agreement

of the ELRC to have his or her contract converted into indefinite

employment, will acquire such right in terms of the applicable

provincial chamber collective agreement within the period, and

on the conditions as stipulated in the applicable provincial

resolution, provided that section 6B of the Employment of

Educators Act has been complied with fully after due

consultation with the school governing body, and provided that

when that educator was first appointed on a fixed term contract

the appointment was made on the recommendation of the

school governing body.

10 ELRC Collective Agreement X of 2017

5. RESTRICTION ON THE USE OF SUCCESSIVE FIXED TERM

CONTRACTS

5.1 After the passing of this collective agreement, an employer may

employ an educator on successive fixed term contracts without

specifying the objective reasons for such fixed term contract for

a period of up to 2 years only;

5.2 After the passing of this collective agreement, an employer may

not employ any educator for longer than 2 years on successive

fixed term contracts, unless there are objective grounds

justifying the further employment on fixed term contracts and

unless those reasons are specified in writing by the employer;

5.3 An educator who is already employed on fixed term contract on

the date of signature of this collective agreement, may be

employed for a further period of 2 years after the passing of this

resolution, on successive fixed term contracts without the need

to specify the objective reasons for such fixed term contract;

6. JUSTIFICATION ON OBJECTIVE GROUNDS

6.1 The renewal of a fixed term contract will be justified on

objective grounds if the use of a further fixed-term contract:

(a) is to achieve a legitimate objective (for example a

genuine business or operational objective); and

(b) is necessary to achieve that objective; and

(c) is an appropriate way to achieve that objective.

11 ELRC Collective Agreement X of 2017

6.2 Examples of objective grounds that will justify the further

employment on successive fixed term contracts beyond 2 years,

include (but is not limited to) cases where the educator:

(a) Is replacing another educator who is temporarily absent

from work for whatever reason;

(b) Is employed in order to act in a vacant substantive post

pending the permanent filling of such post. The process

of filling any vacant substantive post shall be deemed to

be completed only once all unfair labour practice disputes

relating to promotion that have been referred in respect

of the filling of such post, have been finalised by the

ELRC, and the post is finally and permanently filled

without any further challenges to such post;

(c) Is employed against a loan post for no longer than 12

months;

(d) Is employed on account of a temporary increase in the

volume of work which is not expected to endure beyond

12 months;

(e) has reached the normal or agreed retirement age

applicable in the employer’s workplace;

(f) is a student or recent graduate who is employed for the

purpose of being trained or gaining work experience in

order to enter the profession;

(g) is employed to work exclusively on a specific project that

has a limited or defined duration;

12 ELRC Collective Agreement X of 2017

(h) is a non-citizen who has been granted a work permit for

a defined period or is a refugee who is not a South

African citizenship and who does not have permanent

residence;

(i) is employed for the purpose of an official public works

scheme or similar public job creation scheme; or

(j) is employed in a position which is funded by an external

source for a limited period.

6.3 The following reason is not an objective ground that will justify

employment on fixed term contracts:

(a) If the sole purpose is to exclude or limit the rights of the

educator provided for in the Labour Relations Act or the

Basic Condition of Employment Act;

7. CONVERSION OF FIXED TERM EMPLOYMENT INTO PERMANENCY

OF SCHOOL BASED EDUCATORS

7.1 Where, after the passing of this collective agreement, an

employer employs an educator at a public school for longer than

2 years on successive fixed term contracts, the employer must,

unless he can demonstrate objective justifiable reasons for

fixing the term of the contract further, convert the temporary

employment of the educator into permanent employment in

terms of section 6B of the Employment of Educators Act if each

and every one of all the following conditions have been met:

13 ELRC Collective Agreement X of 2017

(a) When the educator was first employed on fixed term

contract, such appointment was made on the

recommendation of the school governing body as

required by the Employment of Educators Act; and

(b) The employer has in terms of section 6B of the

Employment of Educators Act consulted with the school

governing body about the conversion of the temporary

employment status of the employer to permanent

employment, and the school governing body has not

provided fair reasons why the conversion should not be

made; and

(c) The educator has REQV13; and

(d) The educator is in possession of a registration certificate

issued by the South African Council of Educators; and

(e) The educator is a South African citizen or has permanent

residence in South Africa; and

(f) The educator has not previously retired or has been

retired on pension before reaching his or her retirement

age; and

(g) Theeducator has been employed in a vacant substantive

post for 2 years and such post is still vacant and available

on the staff establishment of the school; and

(i) The aforesaid post has not and is not being advertised;

and

14 ELRC Collective Agreement X of 2017

(j) The educator is suitably qualified for appointment in the

aforesaid vacant substantive post and complies with all

the prescribed minimum requirements for appointment in

such post; and

(k) There are no educators who have been declared in

excess in the province, who are eligible for appointment

against the aforesaid vacant substantive post; and

(l) There are no bursary holders who are eligible for

appointment against the aforesaid vacant substantive

post; and

(m) The permanent employment of the educator will be in the

best interests of the learners in the province; and

(n) There are no objective justifiable reasons for his or her

further employment on fixed term contracts;

7.2 Fair reasons for non-conversion of the temporary employment

status of an educator employed on fixed term contract into

permanency that the school governing body and employer can

rely on, shall include reasons related to the educator’s capacity,

competence and conduct.

7.3 If in any arbitration proceedings before the ELRC about the non-

conversion of the temporary employment status of an educator

who was employed for more than 2 years on successive fixed

term employment contracts, there is a disputed allegation that

there was a fair reason relating to the conduct, competence or

15 ELRC Collective Agreement X of 2017

capacity of the educator for not converting the temporary

employment status of the educator into indefinite, permanent

employment, the onus shall be on the employer to prove that

there are substantive fair reasons for the non-conversion;

8. CONVERSION OF FIXED TERM EMPLOYMENT INTO PERMANENCY

OF OFFICE BASED EDUCATORS

8.1 Where, after the passing of this collective agreement, an

employer employs an educator for longer than 2 years on

successive fixed term contracts as an office based educator, the

employer must, unless he can demonstrate objective justifiable

reasons for fixing the term of the contract further, convert the

temporary employment of the educator into permanent if each

and every one of all the following conditions have been met:

(a) The educator has after the passing of this collective

agreement been employed in a vacant substantive post

for 2 years and such post is still vacant; and

(b) The aforesaid post has not and is not being advertised;

and

(c) The educator is suitably qualified for permanent

appointment in such vacant substantive position and

complies with all the minimum prescribed requirements

for permanent appointment in such position; and

(d) There are no educators who have been declared in

excess in the province, who are eligible for appointment

against the aforesaid vacant substantive post; and

16 ELRC Collective Agreement X of 2017

(e) There are no bursary holders who are eligible for

appointment against the aforesaid vacant substantive

post; and

(f) There are no objective justifiable reasons for his or her

further employment on fixed term contracts; and

(g) The educator is in possession of a registration certificate

issued by the South African Council of Educators; and

(h) The educator is a South African citizen or has permanent

residence in South Africa; and

(i) The educator has not previously retired or has been

retired on pension before reaching his or her retirement

age; and

(j) The permanent employment of the educator will be in the

best interests of the learners in the province

9. REASONABLE EXPECTATION OF INDEFINATE EMPLOYMENT BY

SCHOOL BASED EDUCATORS

9.1 In addition to the general criteria established by jurisprudence in

order to determine whether a reasonable expectation exists,

noschool based educator who has been appointed on a fixed

term contract can and shall acquire any reasonable expectation

of indefinite employment in terms of section 186 (1)(b) of the

Labour Relations Act No 66 of 1995, as amended by section 30

of the Labour Relations Act No 6 of 2014, unless if each and

every one of all the following conditions have been met:

17 ELRC Collective Agreement X of 2017

(a) When the educator was employed on fixed term contract,

such appointment was made on the recommendation of

the school governing body as required by the

Employment of Educators Act; and

(b) The employer has consulted with the school governing

body in terms of section 6B of the Employment of

Educators Act about the conversion of the Educator’s

temporary employment status into permanency and the

school governing body has not provided any fair reasons

why the conversion should not be made; and

(c) The educator has been employed on successive fixed

term contracts for more than 2 years after the passing of

this collective agreement in a vacant substantive post,

and such post is still vacant and available on the staff

establishment of the school; and

(d) The aforesaid post has not and is not being advertised;

and

(e) The educator is suitably qualified for appointment in the

aforesaid vacant substantive post and complies with all

the prescribed minimum requirements for appointment in

such post; and

(f) There are no educators who have been declared in

excess in the province, who are eligible for appointment

against the aforesaid vacant substantive post; and

18 ELRC Collective Agreement X of 2017

(g) There are no bursary holders who are eligible for

appointment against the aforesaid vacant substantive

post; and

(h) There are no objective justifiable reasons for the

educator’s further employment on fixed term contracts;

and

(j) The educator has REQV13; and

(j) The educator is in possession of a registration certificate

issued by the South African Council of Educators; and

(k) The educator is a South African citizen or has permanent

residence in South Africa; and

(l) The educator has not previously retired or has been

retired on pension before reaching his or her retirement

age; and

(m) The permanent employment of the educator will

positively influence the employment equity targets of the

employer; and

(n) The permanent employment of the educator will be in the

best interests of the learners in the province

9.2 Where an educator claims that he has a reasonable expectation

of permanent employment, and it is alleged that there are fair

reasons for the non-conversion of his fixed term contract status

into permanency, the provisions of clauses 7.2 and 7.3 shall

mutatis mutandis apply

19 ELRC Collective Agreement X of 2017

10. REASONABLE EXPECTATION OF INDEFINATE EMPLOYMENT BY

OFFICE BASED EDUCATORS

10.1 In addition to the general criteria established by jurisprudence in

order to determine whether a reasonable expectation exists, no

office based educator who has been appointed on a fixed term

contract can and shall acquire any reasonable expectation of

indefinite employment in terms of section 186 (1)(b) of the

Labour Relations Act No 66 of 1995, as amended by section 30

of the Labour Relations Act No 6 of 2014, unless if each and

every one of all the following conditions have been met:

(a) The educator has been employed on fixed term contract

in a vacant substantive post for more than 2 years after

the passing of this collective agreement, and such vacant

substantive position is still available and not filled

permanently; and

(b) The aforesaid post has not and is not being advertised;

and

(c) There are no educators who have been declared in

excess in the province, who are eligible for appointment

against the aforesaid vacant substantive post; and

(d) There are no bursary holders who are eligible for

appointment against the aforesaid vacant substantive

post; and

(e) The educator is suitably qualified for permanent

appointment in such vacant substantive position and

complies with all the minimum prescribed requirements

for permanent appointment in such position; and

20 ELRC Collective Agreement X of 2017

(f) There are no objective justifiable reasons for his or her

further employment on fixed term contracts; and

(g) The educator is in possession of a certificate issued by

the South African Council of Educators; and

(h) The educator is a South African citizen or has permanent

residence in South Africa; and

(i) The educator has not previously retired or has been

retired on pension before reaching his or her retirement

age; and

(j) The permanent employment of the educator will

positively influence the employment equity targets of the

employer;

(k) The permanent employment of the educator will be in the

best interests of the learners in the province

21 ELRC Collective Agreement X of 2017

PART 3 PREVENTION OF LESS FAVOURABLE TREATMENT OF FIXED TERM

EDUCATORS

11. COMPARABLE EDUCATORS

11.1 For the purposes of this collective agreement, an educator is a

comparable permanent educator in relation to a fixed-term

educator if, at the time when the treatment that is alleged to be

less favourable to the fixed-term educator takes place:

(a) both educators are—

(i) employed by the same employer, and

(ii) engaged in the same or broadly similar work

having regard, where relevant, to whether they

have a similar level of qualification and skills; and

(b) the permanent educator works or is based at the same

workplace as the fixed-term educator or, where there is

no comparable permanent educator working or based at

that workplace who satisfies the requirements of sub-

clause (a), works or is based at a different workplace and

satisfies those requirements.

11.2 For the purposes of clause 11.1, an educator is not a

comparable permanent employee if his employment has ceased.

22 ELRC Collective Agreement X of 2017

12. NO LESS FAVOURABLE TREATMENT

12.1 Subject to the provisions of this collective agreement and PSCBC

Resolution 1 of 2007, a fixed-term educator has the right not to

be treated by his employer less favourably than the employer

treats a comparable permanent educator, unless there is an

objective justifiable reason for different treatment.

12.2 In accordance with clause 11 of PSCBC Resolution 1 of 2007

educators who are employed on fixed term contracts, except

educators to whom a retirement age applies, are entitled to the

following benefits:

(a) A fixed term contract educator employed for less than six

months shall receive his/her basic salary plus 37% in lieu

of benefits, excluding leave benefits;

(b) A fixed term contract educator employed for six months or

longer shall receive his or her basic salary plus benefits

(excluding leave benefits) or his/her basic salary plus 37%

in lieu of benefits (excluding leave benefits)

(c) Leave entitlements for a fixed term contract employee shall

be granted on a pro rata basis linked to the term of his/her

contract

12.3 In determining whether a fixed-term employee has been treated

less favourably than a comparable permanent employee, the pro

rata principle shall be applied unless it is inappropriate.

23 ELRC Collective Agreement X of 2017

12.4 Subject to the provisions of this collective agreement, the right

conferred by clause 12.1 includes in particular the right of the

fixed-term employee in question not to be treated less

favourably than the employer treats a comparable permanent

employee in relation to—

(a) the opportunity to receive training, or

(b) the opportunity to apply for and secure any permanent

position in the workplace, unless the educator has

already reached the retirement age applicable in the

workplace;

12.5 An employee on a fixed-term contract does not have an

automatic right or reasonable expectation to a post if it is

decided that a permanent appointment will be made, for

example where a member of staff decides not to return

following maternity leave. This is because all vacancies should

be advertised. However the employee will be able to apply for

the post and should be treated on an equal footing with other

candidates.

12.6 The right conferred by clause 12.1 applies only if—

(a) the treatment is on the ground that the employee is a

fixed-term employee, and

(b) the treatment is not justified on objective grounds.

12.7 In order to ensure that an employee is able to exercise the right

conferred by clause 12(4)(b) the employee has the right to be

informed by his employer of available vacancies in the

workplace.

24 ELRC Collective Agreement X of 2017

12.8 For the purposes of clause 12.7 an educator is “informed by his

employer” if the vacancy is contained in a vacancy list or if the

educator is given reasonable notification of the vacancy in some

other way accessible to educators, for example publication on

the employer’s website;

12.9 In selecting the successful candidate for a permanent post it

shall not constitute less favourable treatment to differentiate

between different educators based on their experience and

qualifications.

13. OBJECTIVE JUSTIFIABLE REASON

13.1 A reason or ground shall not be regarded as an objective

justifiable reason for the purposes of any provision of this Part

unless it is based on considerations other than the status of the

educator concerned as a fixed-term educator and the less

favourable treatment which it involves for that educator (which

treatment may include the renewal of a fixed-term educator’s

contract for a further fixed term) is for the purpose of achieving

a legitimate objective of the employer and such treatment is

appropriate and necessary for that purpose.

13.2 Without limiting the circumstances that will constitute objective

justifiable reasons for purposes of this Part, where a fixed-term

educator is treated by his employer less favourably than the

employer treats a comparable permanent educator the

treatment in question shall be deemed as an objective justifiable

reason if the terms and conditions of the educator who is

employed on fixed term contract, taken as a whole, are at least

as favourable as the terms of the comparable permanent

educator’s terms and conditions of employment;

25 ELRC Collective Agreement X of 2017

PART 4

MISCELANEOUS PROVISIONS

14. WRITTEN STATEMENTS OF EMPLOYER

14.1 An employer must reduce any fixed term contract concluded

with an educator to writing and provide the educator with a copy

thereof. The written fixed term contract should inform the

employee of the reason for his fixed term employment.

14.2 When an educator refuses to sign a written fixed term contract

that is presented to him, this does not mean that his

employment becomes permanent or indefinite.

14.3 Where an employee is employed on a fixed-term contract, the

fixed-term employee shall be informed in writing as soon as

practicable by the employer of the objective condition

determining the contract whether it is—

(a) arriving at a specific date,

(b) completing a specific task, or

(c) the occurrence of a specific event.

15. ONUS OF PROOF AND PRESUMPTIONS

15.1 Where during arbitration proceedings before the ELRC an

employer introduces into evidence a written fixed term contract

that was provided to the educator at or after the

commencement of his employment, it will be presumed until the

contrary is proved by the educator, that the educator was

employed on fixed term contract;

26 ELRC Collective Agreement X of 2017

15.2 Unless an educator can during arbitration proceedings before

the ELRC prove that he was recommended for permanent

appointment by the school governing body of the school where

he is employed and that after such recommendation the

employer provided him with a letter of appointment confirming

his permanent appointment, which letter must be presented at

the arbitration hearing, it will be presumed until the contrary is

proved by the educator, that he was employed on fixed term

contract;

15.3 Where in any proceedings before the ELRC there is a dispute

about whether or not there was an objective justifiable ground

as contemplated in clause 6 hereof for the use of a further fixed-

term contract, then in the event that a ground for the renewal

was recorded in writing and presented to the educator as soon

as practicable after the renewal, the onus will be on the

educator to prove that such ground does not constitute an

objective justifiable ground for further renewal;

15.4 Where in any proceedings before the ELRC there is a dispute

about whether or not there was an objective justifiable ground

as contemplated in clause 6 hereof for the use of a further fixed-

term contract, then in the event that no ground for the renewal

was recorded in writing and presented to the educator as soon

as practicable after the renewal, the onus will be on the

employer to prove that there was an objective justifiable ground

for further renewal

27 ELRC Collective Agreement X of 2017

16. DISPUTE RESOLUTION PROCEDURE

16.1 Any dispute about the interpretation or application of this

agreement shall be dealt with according to the dispute resolution

procedure of the ELRC.

17. DATE OF EFFECT

17.1 The provisions of this Collective Agreement shall take effect on the

date of signing.

73. Signing of the Collective Agreement Thus done and signed at _______________ on the ________________ day of ____________________________

ON BEHALF OF THE STATE AS EMPLOYER

DEPARTMENT NAME SIGNATURE

ON BEHALF OF EMPLOYEE PARTIES

TRADE UNION NAME SIGNATURE