Former teacher wins R1.2m court battle

AFTER a court case spanning a decade, a former teacher was successful in suing the Kwazulu-natal Department of Education for R1.2 million in damages for psychological trauma, allegedly caused by the principal.

Mayadevi Singh of Greenwood Park alleged the department did not take action regarding her complaints against the principal of Springfield Model Primary School, where she had been teaching, forcing her into early retirement 10 years ago.

In February, Durban High Court Judge Kate Pillay ruled in favour of Singh. However, the department applied for leave to appeal the judgment, which was dismissed this week.

Singh claimed in court papers her problems with the principal, Nishalin Padayachee began in May 2002, after she reported an allegation of assault by a co-worker on a pupil.

She said when she did not receive any updates on the case from Padayachee, she went to her head of department. Padayachee was angered by her insisting on a response and subsequently charged her for petty issues. She was later exonerated after an investigation by the department.

Singh testified in court on the incidents of victimisation and harassment that led to her eventual mental breakdown.

By 2004, the problems escalated to such an extent that her union, Sadtu, decided to take up the matter with the senior education manager.

After an investigation, they acknowledged the interpersonal conflict between Padayachee and Singh, but nothing was done to resolve the impasse.

In the same year Padayachee removed Singh from teaching science, which she had taught for 22 years.

Letters were written, even to the MEC at the time, Ina Cronje, but in vain as there was still no intervention by the department.

Singh testified she was still capable of teaching but the school environment became toxic to the extent she became suicidal.

In her judgment Judge Pillay said: “The principal in this case, as the manager of the school environment, was vested with the duty to ensure an environment for learners and educators that was conducive to learning and free from harm. Yet on the evidence presented and not gainsaid by the defendant (Kwazulu-natal education department), it was the said principal that created a hostile environment to such an extent that it led medical officers for the plaintiff (Singh) and defendant to jointly conclude that the plaintiff suffered a major depressive disorder, which corresponded to the alleged victimisation suffered by the plaintiff.”

Judge Pillay said it became clear from Singh’s testimony that Padayachee’s attitude towards her and his marginalising treatment of her led to her psychological breakdown resulting in major depression.

“He engaged in pettiness to humiliate her and used his power to degrade and debase her. The plaintiff could not continue working in an atmosphere of intimidation and petty bureaucracy.

“She had to leave the school where she dedicated her life to her learners. Her mental, physical, emotional and psychological welfare had suffered considerably,” she said.

Padayachee passed on during the course of the trial. Singh’s evidence regarding her treatment by him during his tenure was therefore unchallenged.

This week Singh, 66, told the Sunday Tribune she was pleased by the decision.

“I have endured so much anguish and pain over the years because of the department’s lack of taking responsibility to deal with the continued victimisation that I was subjected to, while in their employ, by the principal.

“The victory has reaffirmed my faith in the legal system. The scar of the mental agony that I have been through during what should have been the happiest years of my career will remain with me forever,” said Singh.

She said during the case she lost her advocate Nash Dheoduth and attorney Rajesh Hiralall, who she believes was instrumental in its success.

She said she was forced to exit the profession she loved.

“I would never want anyone to go through what I have. The intention of taking the matter up legally, despite being grossly unwell, was to highlight that no employer who has the duty of care over an employee should abandon that duty. I begged for assistance for years and the department failed me,” she said.