Robertson teacher loses unfair labour practice suit

A Robertson teacher who expected to be appointed for a departmental head post at Langeberg Secondary School has lost an unfair labour practice application. Picture: Bheki Radebe/African News Agency (ANA)

A Robertson teacher who expected to be appointed for a departmental head post at Langeberg Secondary School has lost an unfair labour practice application. Picture: Bheki Radebe/African News Agency (ANA)

Published May 30, 2022

Share

Cape Town - A Robertson teacher who expected to be appointed for a departmental head post at Langeberg Secondary School has lost an unfair labour practice application.

In 2020 a vacancy list was published by the Western Cape Education Department (WCED) for a departmental head for the FET (Further Education and Training) phase, which Francen September applied for.

The advertisement referred to experience in teaching subjects in the FET phase.

September placed into dispute that he was not eligible to teach in this phase.

Testifying under oath, the teacher said he “was nominated as the best suited candidate for the post by the school governing body (SGB) at Langeberg Secondary School” and therefore WCED must appoint him to that post.

He further stated that he was involved in extracurricular activities at the school.

“During the pandemic I taught Afrikaans at grade 10 and 11 level which are in the FET phase,” he said.

This was the only year he taught in the FET phase.

September said he taught grade 9, in which the responsibilities of the departmental head “did not differ significantly from those in this phase”.

He has been doing this for 10 years and so he believed he was equipped for FET phase.

“I am qualified to fill the post as (I am) a qualified teacher as stipulated in the advertisement,” he said.

According to the arbitrator, September's certificate evaluation stipulates that he is qualified to teach pupils at intermediate and senior phase, but the FET phase was not mentioned therein.

“The first time he taught in the FET phase was October 2020 while the closing date for the advertisement was September 2020, leaving him with only 3 months of experience teaching in the FET phase.

“He agreed that when the selection committee looks at an application for a post the requirements stipulated in the advertisement must be in the application.

“His CV did not mention his teaching or experience in the FET phase and he testified in his evidence-in-chief that most of his experience was in grade 9.”

Prudence Michaelson, responsible for recruitment and selection, testified under oath for the WCED and said while September was a qualified teacher, he did not meet the requirements and was therefore not appointed although he was the first recommended candidate of the SGB.

“When the second candidate, who did meet the requirements according to his CV, did not accept the position due to finding another post, a third candidate was considered.

“He had however passed on.

“The school principal was therefore notified of the applicant’s none appointment and was instructed to re-advertise the post.

“The teacher had written FET on his CV without stating grades 10, 11 or 12, which led to the SGB giving him the benefit of the doubt and therefore not eliminating him at the shortlisting stage but instead including him,” said Michaelson.

On Tuesday the arbitrator ruled that the conduct of the WCED in not appointing September into the post did not constitute an unfair labour practice and dismissed the application.

Cape Times

Related Topics:

schools