CAPE TOWN - A Mossel Bay teacher who expected that his fixed-term contract at Isalathiso Primary School would be renewed has lost an unfair dismissal application.
Silas Matiso was on a contract of employment from 2016 until December 2019.
Testifying under oath, Matiso said he believed that his contract would be renewed indefinitely because the Western Cape Education Department (WCED) and the school “were happy with his performance”, which applied to previous occasions when his contract was renewed.
The relief he sought was compensation if a dismissal was established and unfairness was found.
However, labour panellist, Alta Reynolds, ruled at arbitration on Tuesday that the WCED did not create a reasonable expectation to Matiso that his fixed-term contract of employment would be renewed in 2020; or that any offer of employment on an indefinite basis would be created.
Reynolds also dismissed the teacher's application and the referral to the Education Labour Relations Council (ELRC).
Matiso did not call any witnesses, and said he was made aware that in 2019 two permanent posts became available.
He applied for the two posts on the last day of application.
The teacher was shortlisted and interviewed and was the second nomination for both posts, but was not appointed as the successful candidate in either post.
According to Matiso the principal had also told him in the last week of September 2019 that based on the school's establishment, he would still be needed in 2020.
Principal Betty Fipaza testified that Matiso was aware that he was in a growth post; and that he was aware that his contract would not be renewed in 2020.
“In addition he testified that he did obtain a fixed-term contract with Garden Route Primary School from February 2020 after his fixed-term contract with Isalathiso Primary School terminated in December 2019 and that he was still employed at that school - first in SGB posts and currently in a post level 1 educator position on contract effective from April 2021 and has been remunerated by the WCED since then.”
WCED spokesperson Bronagh Hammond said the department welcomes the outcome.
“There was no objective justifiable reason for the educator’s expectations,” Hammond said.
Cape Times