ELRC orders KZN education to reinstate teacher and pay R410,169.60 after unfair ill‑health dismissal

The Education Labour Relations Council (ELRC) has ordered the KwaZulu‑Natal Department of Basic Education to reinstate a teacher and to pay him R410,169.60 in back pay after finding his dismissal on grounds of ill health was both substantively and procedurally unfair.

Ruling, reinstatement and pay order

The ELRC awarded relief to S Sibiya, who challenged his dismissal by the department. The council ordered that Sibiya be reinstated as an educator at Isivunguvungu Secondary School by 15 June 2026 on the same terms and conditions he held before his dismissal.

The reinstatement is to operate retrospectively from 1 June 2025. The department has been ordered to pay Sibiya R410,169.60 in back pay, subject to lawful deductions, by 30 June 2026. The award also states that additional remuneration for June 2026 is due.

Background: dismissal and competing accounts

Sibiya was dismissed on 16 April 2025 after a process that concluded he was permanently incapable of performing his duties because of health‑related issues. The department said the action followed concerns raised by his school principal that Sibiya was medically unfit for duty.

Sibiya disputed the process. He told the council he had not applied to be medically boarded, had not been consulted by the principal before the request was made, and that no medical examination had been arranged by the department. He said he had returned to work in August 2023 after being declared medically fit and had worked continuously through the remainder of 2023 and all of 2024 without further sick leave.

Evidence and procedural failings found by the ELRC

During arbitration the department relied on testimony from senior human resources manager Lindiwe Magwaza, who said her role involved processing pension benefits after being notified that Sibiya had been medically boarded. Magwaza told the council that forms relating to retirement benefits had been provided to Sibiya but that the forms had not been submitted. She also said the decision to medically board Sibiya was based on documentation indicating he had suffered a stroke and faced a risk of another stroke if his blood pressure was not managed. Magwaza described the process as ill‑health retirement and said she was not aware of a dismissal.

The ELRC commissioner examined Schedule 1 of the Employment of Educators Act, which requires an employer to investigate an educator’s medical condition, provide an opportunity to be heard, appoint a registered medical practitioner at the state’s expense to assess the educator, determine whether the incapacity is temporary or permanent, and explore alternative employment or workplace accommodations before termination.

The commissioner found the department had failed to comply with these legal requirements. The award notes the principal recommended medical boarding without following the statutory procedure and that there was no evidence the department conducted the required investigation before concluding Sibiya should be medically boarded. The commissioner further found the department did not produce evidence proving Sibiya was permanently incapacitated and that there was no performance evaluation showing he could not perform his duties.

Legal reasoning and outcome

Relying on established labour law principles that employers must properly assess and consult employees before dismissal, the commissioner concluded the department’s conduct fell short of the standards of fairness required by law. The ELRC therefore declared Sibiya’s dismissal both substantively and procedurally unfair and issued the reinstatement and compensation order.

What the order requires

• Reinstate S Sibiya at Isivunguvungu Secondary School by 15 June 2026.
• Operate reinstatement retrospectively from 1 June 2025.
• Pay R410,169.60 in back pay by 30 June 2026, subject to lawful deductions, and additional remuneration for June 2026.