SADTU SCORES VICTORY FOR UNPAID TEACHERS AND THOSE WHOSE SERVICES WERE
UNLAWFULLY TERMINATED.
16 December 2016
The South African
Democratic Teachers Union has scored a major victory in the Port Elizabeth
Labour Court following an application it made to compel the Education
Department to pay the salaries of teachers and to reverse a decision of the
former Acting Head of Department Ms Sizakele Netshiphalala to terminate the
services of educators she claimed were appointed irregularly.
The department has
over many years failed to pay salaries timeously or at all. One of the
educators SADTU represented had not been paid her salary for 11 months when
SADTU launched the urgent application. She and many others have since the
launch of the application been paid after the Department requested a
postponement in October 2016. As a result of this application many other
members of SADTU have reported that their salaries have now been paid.
Prior to the matter
being heard on the 14th December 2016, SADTU and the Department
reached an agreement in terms whereof:
1.1.
The
department undertook to ensure that every educator who was appointed, assumed
duty and rendered a service and who has not been paid will be paid her or his
salary within 45 days. This means that the department now has 45 to ensure that
no educator is owed a salary.
1.2.
The
letters terminating the services of 3 educators which the department sought to
terminate alleging that they were not properly appointed are withdrawn. These
educators are qualified educators recommended by the School Governing Bodies
after the interview process. The Head of Department had approved their
appointments but later turned around alleging that they did not have the
degrees specified in the advertisement. Although the educators do not have
those specific degrees they have the degrees which meet the requirements for
appointment as educators.
In terms of the
settlement agreement which was made an order of the court these educators will
now be put in other posts in the schools in which they presently are or
transferred to others schools.
In terms of the
court order SADTU is required to provide a list to the department of all others
educators affected by the former HoD’s decision to terminate their services
within 20 days where-after the department must make a determination in respect
of each educator.
The court order
further states that these educators will be placed or transferred to other
schools. Therefore no qualified educator will lose their jobs.
SADTU therefore
calls upon all educators regardless of whether they are SADTU members or not
and who have not yet been paid or have received letters of termination to visit
their nearest SADTU branch and provide their information to enable SADTU to
compile and submit the list to the department.
SADTU will not
hesitate to enforce this court order should the department not meet its
obligation and fully comply with order of court.
As SADTU celebrates
this victory of her members and educators in general, SADTU wishes to restate
her resolve as per Pillar of Vision 2030 to vigorously fight and defend the
rights of members. The outcome of this application is evidence of this resolve.
SADTU Eastern Cape Provincial Task Team
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