The Education Labour Relations Council (ELRC) has held the Limpopo Department of Education accountable for unjustly overlooking a highly qualified teacher for a principal position, awarding her R50,000 in compensation.

The case centres around a teacher, referred to only as MM Rakgwale, who was deemed the most qualified candidate and more experienced than others for the role of principal at Makhutjisha Secondary School, yet was consistently excluded from the shortlist.

Rakgwale’s troubles began when she successfully aced the interview for the principal position and received a recommendation from the School Governing Body (SGB). However, the Department of Education nullified the recruitment process after receiving grievances from a male candidate, JM Maswanganyi, who was later appointed as the principal at Makhutjisha Secondary School following numerous rounds of shortlisting and interviews. 

Despite Rakgwale being shortlisted multiple times and having previously acted in a principal capacity, she was excluded several times when the department proceeded with its recruitment process.

Detailing her experience in her appeal at the ELRC, Rakgwale noted she was the most suitable candidate concerning both her experience and qualifications. Moreover, she highlighted the bias inherent in the decision-making process, suggesting that the SGB’s decision to appoint Maswanganyi was prejudiced by the involvement of a Mr. Mbadalinga, who participated in the interview recommendations and allegedly suggested that one candidate from the marginalised group met the requirements, effectively sidelining her.

In delivering the judgement, ELRC Commissioner Thapelo Mathekga considered Rakgwale’s qualifications and the department’s handling of the recruitment process.

Mathekga articulated his dissatisfaction with the treatment Rakgwale received, suggesting that the multiple shortlisting instances served as prima facie evidence of her qualification.

Mathekga found that the unfair treatment Rakgwale suffered warranted a ruling that addressed her emotional distress while setting a precedent that procedural unfairness would not be tolerated.

“I am satisfied that the department committed an unfair labour practice against Rakgwale by failing to shortlist her despite her adequate qualifications and experience for no apparent reason, given that she was previously shortlisted at least twice in the same recruitment process,” Mathekga said.

He said based on the nature of the procedural irregularities in this case, a compensation of R50,000 once-off would be just and equitable for the injured feelings of Rakgwale.

sinenhlanhla.masilela@iol.co.za

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