Boarded teacher wins court bid

JUDGE: HE WAS TREATED LIKE HE DID NOT DESERVE RESPECT

A FORMER teacher has won a court bid against the KZN education MEC and the Government Employees Pension Fund (GEPF) after they failed to pay him money owed prior to his being medically boarded in 2009.

In the Durban High Court last week, Judge Shyam Gyanda ordered the Department of Education and GEPF to pay all benefits, including incremental salary increases, leave, gratuity, pension and annuity benefits and back pay accrued between January 1, 1980, and March 17, 2009, within 90 days.

Dewchand Maharaj, of KwaDukuza, was employed by the department for 29 years and had applied for medical boarding in 2003 due to ill health.

In his founding affidavit, Maharaj, represented by Rajesh Hiralall Attorneys, said the department informed him that the medical board was of the view he was not permanently unfit for government service and recommended he undergo further treatment for a longer period. They said his condition was treatable.

Aggrieved with the outcome, Maharaj instituted proceedings to object to the findings of the medical board.

“Those proceedings came to a head during June 2004 and a settlement was reached. The department undertook to entertain a fresh application for medical boarding. I was to remain on sick leave until finalisation of the fresh application. I was on paid sick leave,” he said.

Maharaj said he was informed on April 4, 2005, that the department had not recommended his application and required further medical reports, despite submitting two doctors’ recommendations that he be considered for medical boarding.

He was told to report to duty or he would be placed on unpaid leave.

“On 18 April, 2005, I wrote to the department indicating I would suffer hardships if I were to be placed on unpaid leave before the matter was finalised. My past experience with the department indicated that its servants are dilatory in carrying out their duties and no early resolution to the dispute could be expected.”

Maharaj said he submitted a further report by an ear, nose and throat specialist, pertaining to Meniere’s disease, as well as depression, angina and hyper-cholesterolemia.

The department called for a second opinion. It referred Maharaj to one of its own specialists, a Dr Hogg.

“Dr Hogg recommended I be boarded, which the first respondent ignored.”

During June 2005, Maharaj was placed on unpaid leave. Seeking urgent relief, Maharaj made an application in the Durban High Court in February 2006 with the proceedings culminating in the consent order for him to be medically boarded in March 2009.

He said he received a letter, dated March 17, 2009, from the department’s attorney stating he was not entitled to backpay as he had not submitted leave forms from June 2005 to date.

Maharaj recently sought the court’s intervention and brought forward the notice of motion. In his affidavit, he said he suffered adverse financial circumstances and would be severely prejudiced in the event he was not granted an order.

Judge Gyanda said: “This is a single man fighting the might of the department; they could have sat down with him and worked this thing out.

“But they are spending a fortune coming to court, briefing lawyers, paying lawyers and treating one of its employees that worked for them for quite some time like he is a person that does deserve any respect at all.”