As best candidate for principal was left out, process must start afresh: ELRC

The Education Labour Relations Council (ELRC) has ordered that the Gauteng education department repeat the process of appointing a principal for Northview High School because the best candidate for the job was not shortlisted. 

Arbitrator Gcina Mafani found there was unfair conduct by the department in the decision not to appoint Dr Ntlantla Sebele to the post of principal. 

Sebele had been a Post Level 1 educator (an entry-level position) at the school since 2008 and had responded to an advertisement for the vacant principal position.

Though he qualified for the position, he was not shortlisted for the interviews and he lodged a grievance, which was not conducted satisfactorily. 

Another candidate was appointed as principal. Dissatisfied with how his concerns were dealt with, Sebele referred a dispute to the ELRC for an unfair labour practice.

During his evidence, Sebele testified that he was the best suitable candidate and could perform the functions of a school principal.   

Sebele provided evidence of his appointments as a manager at different institutions. He argued that this experience as a manager at provincial and national levels in the public sector gave him an advantage.

Sebele was first appointed as an assessment manager by uMalusi, a council responsible for quality assuring the senior certificate as well all the vocational education and training colleges in South Africa. He was then appointed as a deputy chief education specialist (DCES) by the Gauteng department of education, responsible for monitoring, evaluation and research. 

He was then appointed by the South African Qualifications Authority (Saqa) as deputy director of research, and he was responsible for the implementation of the National Qualification Framework. 

He was also appointed as senior project manager (deputy director) by Matthew Goniwe School of Leadership and Governance, and he was responsible for teacher development in the public education sector.

Sebele testified that the position of DCES elevated him above the five shortlisted candidates as this was a management position at Post Level 5 and none of the candidates had occupied an educator position higher than this level.

Mafani, in an award issued on Monday, said all five candidates occupied Post Level 3 as their highest educator positions.  

Sebele said his PhD in education management together with his experience as a DCES made him the most suitable of all five candidates and that if he was given a fair opportunity to compete for the post of principal at Northview High School, he could have been promoted as the best candidate. 

“When giving his evidence in chief, the applicant testified that he complied with all the requirements to be shortlisted, interviewed and promoted.”

Shirley Molobi, the department’s district director for Johannesburg East, conceded that the post of a principal was a managerial post and required the educator’s experience as well as management experience.

“This concession by the witness contradicted the [Gauteng education department’s] argument that the advertisement required only actual teaching experience in a public ordinary school,” Mafani said. 

Mafani said Sebele could demonstrate that he was the best candidate and stood a realistic chance of being appointed had he been shortlisted. 

“Ordering that the process must be repeated is a drastic remedy that disrupts the lives of the learners and educators.

“It is therefore my view that in an unfair labour practice dispute relating to promotion, an arbitrator must order that the process be repeated.” 

Mafani said this was a sensible approach because it not only protected the rights and interests of the aggrieved educator, but also the educators who had gone through the selection process and have a realistic chance of being appointed.