The Constitutional Court has come to the aid of an Eastern Cape educator who was eventually dismissed more than five years after misconduct was noted by her employer. According to a Daily Dispatch report, the court set aside an earlier order by the Labour Court and found that the dismissal of Thandiwe Stokwe was procedurally unfair.

The matter has now been sent back to the Labour Court for a decision on an appropriate remedy – to reinstate‚ re-employ or recompense her. Stokwe was employed by the Eastern Cape Education Department. In 2008 Stokwe awarded a ‘temporary’ service contract to her spouse for four months until a new service provider was appointed following a tender process.

She was charged with misconduct in July 2010 due to the appointment of her spouse’s company and received a letter saying that she was dismissed.

Stokwe referred an unfair dismissal dispute to the Education Labour Relations Council‚ which in August 2014 found her dismissal substantively fair. She failed to have the arbitration award set aside in the Labour Court in 2016.

Yesterday, the Constitutional Court found that her dismissal was procedurally unfair owing to the extraordinary delay by the Department of Education in instituting and concluding the proceedings.

Acting justice Xola Petse said the Employment of Educators Act provided that a disciplinary hearing be held within 10 working days after a notice containing the charges was delivered.

Full Daily Dispatch report (subscription needed)

Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others