Gauteng Education Ordered to Fix Unfair Principal Job Appointment

The Gauteng Department of Education has been told to remove the principal of Tlamatlama Primary School in Thembisa. They must give the job to Thabiso Lazarus Thobakgale, who was the better candidate.

The decision came from the Education Labour Relations Council (ELRC). An arbitrator found that the department broke the rules when they hired someone else. This is called an unfair labour practice.

What happened?

Mr. Thobakgale worked as acting principal for 21 months. He applied for the permanent job in 2023 but was not chosen. He complained to the ELRC, saying he had better qualifications and more experience than the person who got the job, Richard Rihlamvhu.

Mr. Thobakgale has a Bachelor of Education degree and other qualifications. He was on a higher salary level (REQV 16) than Mr. Rihlamvhu (REQV 14). He also had more experience as deputy principal and as acting principal.

He said Mr. Rihlamvhu should not have been interviewed because he did not submit a required police clearance certificate. The certificate was only provided months later.

What did the arbitrator say?

The arbitrator found several problems:

• The interview panel was not properly formed - they did not get approval from the school governing body.
• Mr. Rihlamvhu did not have the required clearance certificate at the interview.
• There were mistakes in scoring, and officials helped Mr. Rihlamvhu fix his application.
• The department took too long to finalize the appointment - 8 months without a good reason.

The arbitrator said: “Any reasonable person would see that officials were helping Mr. Rihlamvhu get the job, even though the process was unfair.”

What does the order say?

The ELRC ordered:

• Mr. Rihlamvhu must be removed as principal.
• Mr. Thobakgale must be appointed as principal right away.
• The department must pay Mr. Thobakgale 10 months of his salary as compensation.
• The department must investigate two officials for their role in the unfair process.

Why is this important for job seekers?

This case shows that job hiring must be fair. If you think a job process was unfair, you can take your complaint to a labour council. In South Africa, the ELRC handles disputes for education workers. Other workers can go to the CCMA (Commission for Conciliation, Mediation and Arbitration).

Always keep copies of your documents and note any problems during the hiring process. You have the right to be treated fairly.

This article was originally published on TimesLIVE.