ConCourt finds delayed dismissal of teacher unfair

The Constitutional Court has come to the aid of an Eastern Cape educator who was eventually dismissed more than five years after misconduct was noted by her employer.

The Concourt set aside an earlier order by the labour court and found that the dismissal of Thandiwe Stokwe was procedurally unfair.

The matter has now been sent back to the labour court for a decision on an appropriate remedy – to reinstate‚ re-employ or recompense her.

Stokwe was employed by the Eastern Cape education department as deputy chief specialist for special needs education.

When her boss Piet Spies fell ill in January 2008‚ she temporarily stepped into one of his roles as co-ordinator of the scholar transport section.

During his absence‚ a transport provider contracted to the department unilaterally terminated its services with immediate effect‚ effectively leaving some pupils stranded.

Stokwe awarded a “temporary” service contract to her spouse‚ the director of a company that rendered transport services to the department for four months until a new service provider was appointed following a tender process.

She was charged with misconduct in July 2010 due to the appointment of her spouse’s company and received a letter months later‚ in June 2011‚ saying that she was dismissed.

Stokwe asked for reasons for her dismissal and lodged an internal appeal, which was eventually dismissed early in 2014. The dismissal then took effect.

Stokwe referred an unfair dismissal dispute to the Education Labour Relations Council‚ which in August 2014 found her dismissal substantively fair.

She failed to have the arbitration award set aside in the labour court in 2016.

But on Thursday‚ the Constitutional Court found that her dismissal was procedurally unfair owing to the extraordinary delay by the department of education in instituting and concluding the proceedings.

Acting justice Xola Petse said the Employment of Educators Act provided that a disciplinary hearing be held within 10 working days after a notice containing the charges was delivered.

The matter has now been sent back to the labour court for a remedy