Teacher dies fighting for justice over unfair dismissal

Matsie Ratsela spent years fighting for justice after being unfairly dismissed as a Grade R teacher in Soweto.

She died in April – barely four months before winning that battle in the Labour Court.

The court this week ordered that her estate be paid about R400 000.

The amount includes an award of R46 900 for back-pay made by the Commission for Conciliation‚ Mediation and Arbitration (CCMA) in April 2012.

It also includes remuneration for the period between 2012 until her death.

Ratsela‚ who had been working as a grade R teacher at Tlholohelo Junior Primary School in Soweto since 2002‚ referred an unfair dismissal dispute to the CCMA in 2012 after she was dismissed.

An arbitrator found that she had been unfairly dismissed‚ both procedurally and substantively. But the next month‚ the school signalled its intention to review and set aside the CCMA award.

The school failed to pursue its review application‚ which was subsequently dismissed‚ with costs‚ by the Labour Court in 2014. Ratsela asked the court to have the earlier CCMA award made an order of the court‚ and succeeded.

In the present application‚ the school tried to have that 2014 order rescinded and the previous CCMA award set aside.

Acting Judge Patrick Deale refused all the school’s applications. He relied on a recent Constitutional Court judgment‚ which held that the employee must be “put back into the same job or position he or she occupied before the dismissal‚ on the same terms and conditions”.

Deale said in this case‚ Ratsela was dismissed on September 30‚ 2011.

“It is regrettable to note that (Ratsela) died on 21 April 2017 and thus will not benefit from reinstatement into her job as a result of this judgment.”

Deale said during her post dismissal life‚ it was evident that she had demonstrated a consistent and determined intention to seek justice in court.

“Her son has continued to pursue the case for her estate in his capacity as appointed Trustee. The benefits will accordingly accrue to (Ratsela’s) deceased estate‚” Deale said.