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Court fines North West education MEC R100,000 for partially disregarding order in favour of short-changed teacher

Details

labourcourtsNews24 reports that in an unusual move, the Johannesburg Labour Court has fined North West Department of Education (DOE) MEC Viola Motsumi and her former acting head of department, Shadrack Mvula, R100,000 for failing to fully comply with an arbitration award granted in favour of a teacher.

Last week, Judge Reynaud Daniels found Motsumi and Mvula in contempt of court after they failed to completely abide by a ruling handed down by Education Labour Relations Council (ELRC) arbitrator DH Smith on 27 November 2022. Smith had found that Linda Moller, a teacher at Grenville High School in Rustenburg should have been placed on a higher post level than the one she was on. He ordered the DOE to place Moller on the correct post level, with effect from 15 December 2022 and to pay backpay of R36,743 by 15 December 2022. However, the DOE only placed Moller on the correct post level on 14 September 2023, some nine months later. The SA Teachers’ Union (SAOU) then brought an application to the Labour Court to force the DOE to fully comply with the award. On 23 November 2023, Judge Edwin Tlhotlhalemaje ordered Mvula to attend court on 29 February 2024 and to correct Moller's salary and benefits. The DOE filed an answering affidavit on 28 February and Mvula did not attend court the following day. On Tuesday Daniels said evidence "establishes beyond reasonable doubt that the respondents are in contempt of court. They have not fully complied with the award. They failed to pay interest on the backpay at the prescribed rate calculated from 15 December 2022 until 14 September 2023." Daniels suspended the fine for 60 days, subject to the DOE fully complying with the award issued by the ELRC.

  • Read the full original of the report in the above regard by Prega Govender at News24


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