Durban - A court application lodged by a Pietermaritzburg teacher to be transferred to Sherwood Primary School, has been dismissed.
Elaine Sookdeo, of Regina Primary School, had also wanted to stop the Durban school from filling two teaching post vacancies until her court matter was finalised.
Durban High Court Judge, Rashid Vahed, ruled on Friday that she ought to have made the proper enquiries with the Department of Education before resorting to legal action.
He also found that the matter should have been brought before the Labour Court.
The teacher of 16 years argued in court papers that the school had accepted her transfer, but later reneged saying the post had already been filled.
The principal, Dean Unger, however, argued Sookdeo had not followed the proper procedure for requesting a transfer and also said she had not established a valid legal basis for her to be entitled to this transfer.
Sookdeo explained that her husband had been living and working in Durban since 2006 and this had put a strain on her family life because she and her two minor children lived in Pietermaritzburg and only saw him on weekends.
She had been applying for vacancies in Durban for the past four years, and in 2013 learnt of a possible vacancy at Sherwood Primary School, but it had been filled by a temporary staff member at the school.
Request
She contacted the school later that year and was told of a new vacancy which she applied for. In the new year, her school principal contacted the school to discuss the transfer request.
Sookdeo said the acting principal at Sherwood sent the Pietermaritzburg school an acceptance of transfer request letter and said all the necessary documents had been filled in and sent to the superintendent of education for the Pietermaritzburg region.
Following her principal’s conversation with Unger – the new Sherwood principal, in February 2014 – Sookdeo learnt Unger had sent documents to the department to place two of its school’s governing body employed teachers on to permanent staff. He had no knowledge of Sookdeo’s letter of acceptance.
According to Sookdeo, the school governing body chairman at Sherwood Primary School contacted her, telling her to ignore the acceptance letter because he had been misled into believing she was an excess teacher at Regina Primary School. “I was stunned by this U-turn,” her affidavit read.
She was then apparently told there was no available teaching post at the Sherwood school.
“I was not willing to accept this disregard for my rights and what was clearly unlawful action by the First and Second Respondents (the school and its governing body).”
Her lawyer sent the school a letter advising them she needed to start duty at the school in April 2014 and was told this letter was sent to the superintendent for the Durban region. Her lawyer then asked for an undertaking that the school not fill the two positions until this matter was resolved.
Response
She said she had not received a response from the school or the superintendent, which had led to her court action.
“Last year, my elder son was hospitalised for depression due to the absence of his father.
“I have also signed a lease for our house in Pietermaritzburg,” she said.
In opposing court papers, Unger argued she was not entitled to the relief sought because:
- She had not exhausted the internal remedies that were provided for in the department’s transfer policy.
- She had failed to follow procedure when requesting a transfer.
- She had failed to show she had no alternative remedy other than approaching the court.
- She wanted the court to usurp powers vested in the head of department.
Daily News