Eastern Cape Education ordered to re-advertise school HOD post after unfair appointment finding.
The Eastern Cape Education Department has been ordered to set aside the appointment of a departmental head at Ngwayibanywa Senior Secondary School and re-advertise the position after a labour arbitrator found that the successful candidate did not meet the advertised minimum requirements.
The Education Labour Relations Council (ELRC) found that the department committed an unfair labour practice by appointing Zolani Ndzungu to the Post Level 2 departmental head position despite him not meeting the minimum requirements stipulated in the recruitment advertisement.
In an arbitration award, commissioner Thobela Ncetezo directed the department to conduct a fresh recruitment process within 60 days.
The dispute was brought by the South African Democratic Teachers Union (Sadtu) on behalf of educator Ndileka Bawuthi, who challenged Ndzungu’s appointment.
Educator challenges appointment of colleague
Bawuthi, who has been a permanent teacher at Ngwayibanywa Senior Secondary School since February 2008, applied for the departmental head position.
The position required qualifications and experience in Mathematics, Natural Science and Technology.
She argued that Ndzungu, a colleague at the same school, did not meet the minimum requirements because he lacked the necessary qualifications in Mathematics and Technology.
Bawuthi maintained that the selection process was flawed and sought to have the appointment overturned and the position re-advertised.
She was ranked third during the interviews, while Ndzungu was ranked first.
However, she told the arbitrator that her challenge was not based on being the better candidate but on the successful applicant allegedly failing to meet the requirements of the post.
Arbitrator finds neither candidate met requirements
During the arbitration, Bawuthi acknowledged that she did not have qualifications in Mathematics and had never taught the subject.
She had qualifications and teaching experience in Natural Sciences, Physical Sciences and Life Sciences.
Ndzungu, meanwhile, testified that he qualified in Mathematics and Technology and had previously taught Mathematics at another school.
He also said he was currently supervising Mathematics, Natural Science and Technology at Ngwayibanywa.
However, Ncetezo found that Ndzungu's academic record did not establish that he was a qualified Mathematics teacher.
The arbitrator noted that although he had studied Mathematics-related modules, including Mathematics for Prospective FET Teachers and Mathematics Literacy, there was no evidence that he had studied Mathematics methodology or did teaching practice in the subject.
His academic record also reflected that he had studied Technology Design rather than Technology as a school subject.
“Neither the applicant nor the second respondent meets the requirements of the post,” Ncetezo found.
Selection process raises serious concerns
The arbitrator also raised concerns about the exclusion of other applicants who apparently possessed relevant Mathematics qualifications.
The award noted that some candidates with Bachelor of Education qualifications in Mathematics, Life Sciences and Physics did not appear on the shortlist, with no explanation provided for their exclusion.
Ncetezo further considered allegations that the school principal had been involved in both providing procedural guidance and taking minutes during the selection process.
There were also allegations that Mathematics Literacy had been discussed as an additional requirement during the recruitment process.
Although the principal denied that Mathematics Literacy had been added to the advertised requirements, the arbitrator found it more probable that Mathematics training had been introduced into the selection process.
The award stated that the department's departure from the advertised minimum requirements raised serious concerns about the fairness and integrity of the appointment.
Department ordered to restart recruitment
Ncetezo found that Bawuthi had failed to establish that she was the best candidate for the position.
However, this did not excuse the department from complying with the requirements it had stipulated in the advertisement.
“The first respondent cannot disregard or relax those requirements in favour of a candidate who does not meet them,” the arbitrator said.
The award concluded that the appointment was unfair because Ndzungu did not meet the minimum requirements for the position.
Ncetezo consequently set aside Ndzungu's appointment as departmental head at Ngwayibanywa Senior Secondary School.
The Eastern Cape Education Department was directed to re-advertise the position and conduct a fresh selection process in accordance with applicable recruitment and selection requirements within 60 days of the arbitration award.
The commissioner found that the department had committed an unfair labour practice relating to promotion in terms of section 186(2)(a) of the Labour Relations Act.