The Limpopo education department has been ordered to pay R50,000 to a teacher they failed to shortlist for a principal position, though she was the best qualified and more experienced than other candidates.
Education Labour Relations Council (ELRC) commissioner Thapelo Mathekga said the unfair treatment of MM Rakgwale warranted an order that not only serves as consolation to her injured feelings, but also sends a clear message that unfair procedures will be sanctioned.
This was after the ELRC found that while Rakgwale had aced the interview and was recommended for the job, it was not given to her. Instead, the process was nullified. The job was re-advertised several times, but she never got it, despite reapplying.
Rakgwale then lodged a grievance with the ELRC.
In handing down the council’s decision, Mathekga said the prejudice suffered by Rakgwale could not be said to be trivial given the nature of the position, as well as the department’s unfair handling of the shortlisting process.
“Having regard to section 194 of the LRA [Labour Relations Act] on compensation, the collective agreement and the nature of the procedural irregularities in this case, it is my considered view that a compensation of R50,000 once-off would be just and equitable as solatium for the injured feelings of the applicant,” Mathekga said.
In her testimony, Rakgwale said that after the advertisement appeared for the principalship position in her school, Makhutjisha secondary, she applied. She revealed that there were at least three different shortlisting processes before the final shortlisting of February 20, but she was not shortlisted. The school governing body (SGB) had shortlisted her on July 18 and interviewed her on July 26 last year, and recommended her for appointment.
Having regard to section 194 of the LRA [Labour Relations Act] on compensation, the collective agreement and the nature of the procedural irregularities in this case, it is my considered view that a compensation of R50,000 once-off would be just and equitable as solatium for the injured feelings of the applicant.
— ELRC commissioner Thapelo Mathekga
However, the appointment process was nullified after the department received grievances relating to the recruitment process.
On September 3 last year, she was again shortlisted and called for an interview. However, another candidate, JM Maswanganyi — who would end up getting the job — lodged a dispute for the failure to shortlist him, and the process was nullified.
Rakgwale was not shortlisted either, and she, too, lodged a dispute, and the recruitment process was nullified.
Finally, on February 13, another shortlisting round was conducted, and she was again not shortlisted. Rakgwale testified that at the time of the fourth round of shortlisting, her grievance remained unresolved, and she was not provided with reasons for not being shortlisted.
Rakgwale testified that of the five shortlisted candidates, she was the second-most suitably qualified in terms of her experience and qualifications, and that she was also eligible for shortlisting by virtue of being a female in terms of [the basic education department’s] circular 106 of 2024.
According to Rakgwala, a Mr Mbadalinga participated in the SGB meeting that recommended Maswanganyi for appointment, which prejudiced her.
In handing down judgment, Mathekga said Rakgwale was shortlisted at least twice, which was prima facie proof that she met the minimum requirements for shortlisting and was suitably qualified.
“However, on the third and fourth shortlisting, she was not shortlisted, with no reasons provided. It was apparent on the record that the less qualified and experienced candidates were shortlisted ahead of her.”
According to Mathekga, the closest to a reason for her non-shortlisting appeared to be a comment from a secretary of the SGB that “only one candidate from the underrepresented group met the requirements”.
“It is common cause that Rakgwale falls within the definition of the underrepresented group, and yet she was not shortlisted despite not only meeting minimum requirements [but] she was also the second-best qualified candidate by experience, having acted as principal previously, and also holding the position of deputy principal.”
“I am satisfied that the department committed an unfair labour practice against Rakgwale for failure to shortlist her when she was adequately qualified and experienced for no apparent reason, given that she was previously shortlisted at least twice in the same recruitment process,” Mathekga said.
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