The Education Labour Relations Council this week dismissed an unfair labour practice claim brought by a veteran teacher against the Gauteng department of education following the appointment of a deputy principal.
In the award made on Wednesday, the ELRC sent a clear message that academic superiority is not a guarantee of promotion.
Mpho Grace Senoelo, who has 20 years’ teaching experience, had referred an unfair labour practice dispute related to promotion and appointment to the ELRC.
Senoelo had applied for, and was shortlisted and interviewed for, the advertised deputy principal post at Ngaka Maseko Secondary School in Tshwane.
However, she was not among the three candidates recommended by the school governing body for possible appointment.
Senoelo challenged the appointment of Vincent Mboweni to the position, alleging that the recruitment process was marred by “human shenanigans” and favouritism.
The arbitrator, Lusanda Myoli, was called upon to determine whether the department had committed an unfair labour practice by not appointing Senoelo to the post.
Senoelo had testified that in addition to 20 years of teaching experience, she had seven years in a managerial position as a head of department. She also acted in the position of deputy principal for five years.
She argued that she was the most suitable candidate for the post based on her qualifications. These included a matric certificate, a diploma in education, registration with the South African Council of Educators, completion of training through the Institute of Public Administration of South Africa, an Advanced Certificate in Education, a Bachelor of Education Honours degree, and a Master of Education degree. She is also currently registered for a Doctor of Education degree.
Central to her grievance was the presence of an institutional development and support officer, Judy Mashala, during the interview process. Senoelo and her colleague, Finkie Sanyane, alleged that Mashala had positioned Mboweni for the role by previously appointing him to act in the post, thereby influencing the interview panel’s final scoring.
Senoelo also claimed that the interview scores did not reflect her qualifications and experience. She was scored 91 points, while the appointed candidate received 158 points, which she argued showed a significant discrepancy and indicated that she had not been scored according to the proper criteria.
She further contended that Mboweni had only six years of teaching experience, far less than her 20 years, and lacked qualifications in administration, leadership and management.
The arbitrator said Senoelo had to demonstrate through evidence and argument that the department’s conduct in not appointing her to the deputy principal position was unfair.
However, the arbitrator found that no evidence had been presented to show that the scoring was incorrect.
The department’s witnesses testified that Senoelo had not provided adequate answers during the interview and was therefore rated lower based on her responses. Their testimony, the arbitrator said, was supported by the documentary evidence.
“It was shown that all candidates were asked the same five questions. Management, leadership and administrative skills were tested, and she fell short in her answers. There was no requirement for additional qualifications for the post, but rather the necessary skills,” the arbitrator said.
Myoli further noted that Senoelo had testified that she did not dispute that Mboweni met the minimum requirements for the post.
The arbitrator also said Senoelo did not dispute that African males were an under-represented group in the deputy principal category, according to the Employment Equity Plan.
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