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Tshwane University of Technology
          Faculty of Humanities
     Department of Education Studies
        Education Management 4

          - Session 5 -
   Human Resource Management
           in Education


                          Presenter:
                    Dr Muavia Gallie (PhD)
                        5 March 2012
                                             1
                     muavia@mweb.co.za




               Content
1.  Introduction
2.  Human Resource Management
    defined;
3.  Contractual relationship;
4.  Decision-making;
5.  Delegation (as means of personnel
    development);
6.  Evaluation of personnel;
7.  Employment references;
8.  Conclusion.



                                                 1
1. Introduction
    Parties with an interest in education:
    •  Parents;
    •  Learners;
    •  The state;
    •  Organised teaching profession;
    •  General public.




2. Human Resource Management defined
   Process that focuses on the needs of the employee ???
   (teaching-non-teaching; inside-outside; governance-
   professional; administrative/managerial-leadership);
Focus of managers:
•  Recruit, screen and appoint most suitable staff;
•  Induct staff to ensure productivity;
•  Evaluate staff skilfully, fairly and open communication;
•  Develop and exploit human resources optimally;
•  Monitor internal motivational levels within a healthy, stress-
   controlled framework;
•  Utilise responsible planning, organisation, leadership and
   control to manage participants and interested parties.



                                                                    2
3.1 Contractual relationship
     A contract is an understanding or agreement which
     exist between two persons with the intention of
     creating an obligation;
•    Includes spiritual and physical labour;
•    Employee surrenders a measure of freedom;
•    Failure/refusal to render service = breach of contract;
•    May withdraw from contract of service;
•    Inability to do agreed word --> dismissal;
•    Employer obliged to reward employee;
•    Pay of money or other forms of payment;
•    Contract of status - unequal bargaining position;
•    Conditions of service subject to provisions (Bill of
     Rights, EEA, LRA, PAM, ELRC, PSCBC).




          3.2 Other Service Benefits
 1.  Leave (vacation (12); sick (90-120); special sick; -
     study purpose (1+1); - examination purpose
     (1+1); - quarantine purpose; - participation in
     sports and cultural activities; - urgent private
     matters; - maternity purpose (84); extra-ordinary
     circumstances;
 2.  Medical assistance;
 3.  Government housing;
 4.  Homeowners allowance scheme (pension fund;
     full time; not lawfully married who benefit; dwelling
     is registered);
 5.  Service bonus;
 6.  Resettlement expenses.




                                                               3
4. Decision-making
   Administrative and discretionary decision
   making;
•  Administrative managerial activities -
   prescribed by law, rules and regulations;
•  Discretionary - particular context or
   situation;
   - free judgement and opinion
   - context of prevailing circumstances
   - brings to bear experience, insight and logic;
   - always subject to some legal restraint




4.1 Administrative managerial activity
•  Consists of regulatory activities;
•  Rules are used to regulate activities
•  Execution of formulated policy from a
   position of authority;
•  Example: weekly attendance register by
   education; issuing school fund receipts
   in accordance with instructions;
•  Principles applied as an administrative
   management act;




                                                     4
4.2 Discretionary managerial activity
•  Use of personal or one s own judgement
•  In accordance with rules and the principles
   of reasonableness and fairness;
•  It is not arbitrary, unfettered or unlimited;
•  May not be used to enforce personal will or
   judgement of a person;
•  Always after considering existing laws and
   rules, as well as the nature of the particular
   circumstance, customs and
   reasonableness.




      4.3 Other Discretion (UK)
  •  Discretio generalis = general
     discretion;
  •  Discretio legalis = limits dictated
     by applicable law;
  •  Discretio specialis = freedom to
     decide is allowed due to
     specialised skills and authority;




                                                    5
4.4 Problems regarding
discretionary decision-making
•  Case (1970) - learner lost finger when she
   slipped and fell onto the moving lawnmover:
   - dangerous nature of the lawnmover;
   - time at which the lawn was mowed;
   - typical behaviour of primary school children
   at play
•  Case (1982) - corporal punishment
   - principal incorrectly exercised discretion;
   - found guilty of assault




      4.5 Guidelines for
discretionary decision-making

•  Existing legislation - variety
   of legally correct possibilities;
•  Quasi-judicial acts - the
   application of the rules of
   natural justice.




                                                    6
5. Delegation (as means of
      personnel development)

  •  With the transfer of the
     necessary authority and
     responsibility
  •  To complete a task within a
     framework of predetermined
     goals;
  •  Minister delegates to HoD;




     5.1 Reasons for delegation
•  Creates more effective work performance;
•  Concentrate on more important issues;
•  Makes use of expertise of the variety of
   personnel;
•  Important tool in developing personnel;
•  A form of training with a view to promotion;
•  Infuses the staff with a sense of satisfaction
   in being participants;
•  Sense of co-responsibility.




                                                    7
5.2 Forms of delegation
 •  Mandate permits (mechanical execution
    of instruction by a subordinate without
    exercising any discretion);
 •  Deconcentration (allows subordinate a
    reasonable measure of discretion in
    executing the task;
 •  Decentralisation (allows a person the
    highest degree of discretion in carrying out
    an instruction but makes it legally
    responsibile for completing the teask.




5.3 Requirements for valid delegation
  •  Must weighted up against the ability of
     the member of staff to perform task;
  •  Complexity of the delegated task;
  •  Importance of the delegated task;
  •  Section 238 of the Constitution;
  •  Section 6(2)(a)(ii) of the Promotion of
     Administrative Justice Act.




                                                   8
6. Evaluation of personnel
    •  Process where a group or an individual is
       evaluated to determine whether it has worked
       efficiently and achieved its goals;
    •  Objectives of evaluation:
       - inform personnel of aims and objectives;
       - motivate personnel to work more;
       - make remuneration and promotion available;
       - ensure management involvement in work
       done.




  6.1 Requirements for evaluation
•  Procedures and instructions;
   - process of achievement evaluation;
   - promotion of education staff;
   - give staff clear explanation on criteria used, procedures and steps
   involved;
•  Rules of natural justice;
   - should give attention to staff;
   - must evaluate personnel regularly + continually;
   - establish sufficient communication;
   - results should be discussed openly;
   - allow staff to state their case;
   - must be put to elicit defence;
   - must act impartial and objectively;
•  Confidentiality
   - respect educator s right to have confidentiality;
   - Disclosure of confidential information is inadmissible.




                                                                           9
7. Employment references
•  Recommendations about prospective
   employees normally in written or verbal form;
   - defamation (libel, slander, privilege)
   - negligent misrepresentation (subject of
   sexual harassment-type allegation; forced to
   resign under pressure);
•  Administrators should not fear the threat of
   defamation if they relied on truthful and well-
   supported documentation while exercising
   good faith and practising good judgement
   to support the content of their references.




             8. Conclusion
•  HRM is one of the most important
   management activities;
•  Among many and varied tasks and
   responsibility of a contemporary
   education manager;
•  All about the establishment of a rapport,
   and relationship with staff.




                                                     10
Thank You!




             11

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TUT EDU420 Session 5 - Human resource management in education

  • 1. Tshwane University of Technology Faculty of Humanities Department of Education Studies Education Management 4 - Session 5 - Human Resource Management in Education Presenter: Dr Muavia Gallie (PhD) 5 March 2012 1 muavia@mweb.co.za Content 1.  Introduction 2.  Human Resource Management defined; 3.  Contractual relationship; 4.  Decision-making; 5.  Delegation (as means of personnel development); 6.  Evaluation of personnel; 7.  Employment references; 8.  Conclusion. 1
  • 2. 1. Introduction Parties with an interest in education: •  Parents; •  Learners; •  The state; •  Organised teaching profession; •  General public. 2. Human Resource Management defined Process that focuses on the needs of the employee ??? (teaching-non-teaching; inside-outside; governance- professional; administrative/managerial-leadership); Focus of managers: •  Recruit, screen and appoint most suitable staff; •  Induct staff to ensure productivity; •  Evaluate staff skilfully, fairly and open communication; •  Develop and exploit human resources optimally; •  Monitor internal motivational levels within a healthy, stress- controlled framework; •  Utilise responsible planning, organisation, leadership and control to manage participants and interested parties. 2
  • 3. 3.1 Contractual relationship A contract is an understanding or agreement which exist between two persons with the intention of creating an obligation; •  Includes spiritual and physical labour; •  Employee surrenders a measure of freedom; •  Failure/refusal to render service = breach of contract; •  May withdraw from contract of service; •  Inability to do agreed word --> dismissal; •  Employer obliged to reward employee; •  Pay of money or other forms of payment; •  Contract of status - unequal bargaining position; •  Conditions of service subject to provisions (Bill of Rights, EEA, LRA, PAM, ELRC, PSCBC). 3.2 Other Service Benefits 1.  Leave (vacation (12); sick (90-120); special sick; - study purpose (1+1); - examination purpose (1+1); - quarantine purpose; - participation in sports and cultural activities; - urgent private matters; - maternity purpose (84); extra-ordinary circumstances; 2.  Medical assistance; 3.  Government housing; 4.  Homeowners allowance scheme (pension fund; full time; not lawfully married who benefit; dwelling is registered); 5.  Service bonus; 6.  Resettlement expenses. 3
  • 4. 4. Decision-making Administrative and discretionary decision making; •  Administrative managerial activities - prescribed by law, rules and regulations; •  Discretionary - particular context or situation; - free judgement and opinion - context of prevailing circumstances - brings to bear experience, insight and logic; - always subject to some legal restraint 4.1 Administrative managerial activity •  Consists of regulatory activities; •  Rules are used to regulate activities •  Execution of formulated policy from a position of authority; •  Example: weekly attendance register by education; issuing school fund receipts in accordance with instructions; •  Principles applied as an administrative management act; 4
  • 5. 4.2 Discretionary managerial activity •  Use of personal or one s own judgement •  In accordance with rules and the principles of reasonableness and fairness; •  It is not arbitrary, unfettered or unlimited; •  May not be used to enforce personal will or judgement of a person; •  Always after considering existing laws and rules, as well as the nature of the particular circumstance, customs and reasonableness. 4.3 Other Discretion (UK) •  Discretio generalis = general discretion; •  Discretio legalis = limits dictated by applicable law; •  Discretio specialis = freedom to decide is allowed due to specialised skills and authority; 5
  • 6. 4.4 Problems regarding discretionary decision-making •  Case (1970) - learner lost finger when she slipped and fell onto the moving lawnmover: - dangerous nature of the lawnmover; - time at which the lawn was mowed; - typical behaviour of primary school children at play •  Case (1982) - corporal punishment - principal incorrectly exercised discretion; - found guilty of assault 4.5 Guidelines for discretionary decision-making •  Existing legislation - variety of legally correct possibilities; •  Quasi-judicial acts - the application of the rules of natural justice. 6
  • 7. 5. Delegation (as means of personnel development) •  With the transfer of the necessary authority and responsibility •  To complete a task within a framework of predetermined goals; •  Minister delegates to HoD; 5.1 Reasons for delegation •  Creates more effective work performance; •  Concentrate on more important issues; •  Makes use of expertise of the variety of personnel; •  Important tool in developing personnel; •  A form of training with a view to promotion; •  Infuses the staff with a sense of satisfaction in being participants; •  Sense of co-responsibility. 7
  • 8. 5.2 Forms of delegation •  Mandate permits (mechanical execution of instruction by a subordinate without exercising any discretion); •  Deconcentration (allows subordinate a reasonable measure of discretion in executing the task; •  Decentralisation (allows a person the highest degree of discretion in carrying out an instruction but makes it legally responsibile for completing the teask. 5.3 Requirements for valid delegation •  Must weighted up against the ability of the member of staff to perform task; •  Complexity of the delegated task; •  Importance of the delegated task; •  Section 238 of the Constitution; •  Section 6(2)(a)(ii) of the Promotion of Administrative Justice Act. 8
  • 9. 6. Evaluation of personnel •  Process where a group or an individual is evaluated to determine whether it has worked efficiently and achieved its goals; •  Objectives of evaluation: - inform personnel of aims and objectives; - motivate personnel to work more; - make remuneration and promotion available; - ensure management involvement in work done. 6.1 Requirements for evaluation •  Procedures and instructions; - process of achievement evaluation; - promotion of education staff; - give staff clear explanation on criteria used, procedures and steps involved; •  Rules of natural justice; - should give attention to staff; - must evaluate personnel regularly + continually; - establish sufficient communication; - results should be discussed openly; - allow staff to state their case; - must be put to elicit defence; - must act impartial and objectively; •  Confidentiality - respect educator s right to have confidentiality; - Disclosure of confidential information is inadmissible. 9
  • 10. 7. Employment references •  Recommendations about prospective employees normally in written or verbal form; - defamation (libel, slander, privilege) - negligent misrepresentation (subject of sexual harassment-type allegation; forced to resign under pressure); •  Administrators should not fear the threat of defamation if they relied on truthful and well- supported documentation while exercising good faith and practising good judgement to support the content of their references. 8. Conclusion •  HRM is one of the most important management activities; •  Among many and varied tasks and responsibility of a contemporary education manager; •  All about the establishment of a rapport, and relationship with staff. 10