TimesLIVE reports that a KwaZulu-Natal school principal, who was suspended for 23 months after allegations of misconduct, has won his case, after an arbitrator ruled that the lengthy suspension constituted an unfair labour practice.
The Education Labour Relations Council (ELRC) awarded Happy Sishange compensation equivalent to two months’ salary, after a ruling was made on Monday in his favour. Sishange, principal of Dloko High School in Umlazi, was suspended on 2 June 2023 pending an investigation and disciplinary inquiry into alleged acts of misconduct. He was eventually found not guilty of the allegations on 20 November 2024, and the provincial department of education’s subsequent appeal was dismissed. However, his suspension was only lifted months later, on 5 May 2025.
The basis of Sishange’s claim for compensation was that his suspension, lasting more than 23 months instead of the prescribed three, was unreasonably long and therefore constituted an unfair labour practice. The department, however, argued that Sishange had suffered no prejudice since he had received full pay during his suspension. Sishange’s representative argued that the prolonged suspension caused him severe psychological stress, frustration and strain on his family life.
Arbitrator Protas Cele ruled as follows: “In the circumstances, it is my finding, on a balance of probabilities, that the protracted disciplinary process constituted an unfair labour practice against the applicant.” As a result, Cele found it just and equitable to award Sishange compensation equivalent to two months’ salary, calculated at his current rate of remuneration, for the stress, frustration and emotional harm for the unfair conduct by the department.
- Read the full original of the report in the above regard by Ernest Mabuza at TimesLIVE (subscriber access only)
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