Western Cape Education Department to compensate unfairly treated teacher

Published Oct 19, 2021

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CAPE TOWN - The Western Cape Education Department (WCED) has agreed to pay an educator R25 000 for acting “procedurally unfair” towards her after she had not been appointed to an advertised vacant post for which she had been in an acting position for almost three years.

Khairunnisa Gaffoor was employed as a teacher at Rylands Primary School since 1981 and acted in the departmental head post for two and a half years.

When the post was advertised, Gaffoor applied and was shortlisted as one of the preferred candidates by the school’s SGB but was excluded on the basis of her formal qualifications.

However Commissioner Lanthis Taylor found Gaffoor had been prejudiced against.

“The fact that the WCED allowed her to act in the position without having the relevant qualifications for the phase is also in direct and stark contrast to the statement of “the right teacher for the right position.”

Taylor said the teacher was prejudiced by the WCED’s decision to rely mainly on formal qualifications to not appoint her into the vacancy.

“I am of the view that the WCED acted procedurally unfairly towards Gaffoor by allowing her to act in the position, paying her an acting allowance and then claiming she does not meet the criteria of having the relevant qualifications. In my view she has succeeded with the procedural aspect of her claim,” Taylor added.

Gafoor had been ranked at number one ahead of the incumbent Mogammed Hendricks who was ranked as preferred candidate number two, but he was appointed into the position despite the SGB also sending a motivation letter for her to be appointed.

Gaffoor challenged the WCED’s decision at the Education Labour Relations Council (ELRC) contending that she was suitably qualified to be appointed.

Testifying under oath Gaffoor said the advert had not indicated any qualifications but had stated that the incumbent needed experience in grades 4 to 7.

She was called to the office by the principal and the SGB representative and was told that the WCED had indicated that she was not suitably qualified.

Gaffoor confirmed she was qualified to teach Senior and FET phases only, however felt that her experience qualified her to teach Intermediate Phase but this was never considered.

WCED’s Harry Wyngaard, deputy director recruitment and selection and qualification evaluation said that in order to be “suitably” qualified, one has to have a qualification to teach in a specific phase.

Wyngaard confirmed that Gaffoor’s acquired skills and knowledge over 38 years would not substitute the required qualification.

Following the ELRC’s findings, Gaffoor indicated that she does not wish for Hendricks’ appointment to be overturned and would prefer compensation should her Unfair Labour Practice claim succeed.

WCED spokesperson Bronagh Hammond said the department will accede to the award and compensate the educator accordingly.

Payment will be made by no later than October 25.

Cape Times

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