Elderly Teacher Wins R477,000 Payout After Gauteng Education Department Fires Her Over Health Issues

Dismissed without proper process, a dedicated teacher finally gets a slice of justice after a long health battle and a decade of public service.

In a ruling that shines a spotlight on how poorly health-related labour issues are handled in public institutions, the Gauteng Department of Education (GDE) has been ordered to pay R477,357 in compensation to a 61-year-old teacher dismissed last year due to health problems, without proper investigation or fair process.

Nomvula Mpokane, a veteran teacher, was terminated in September 2024 while still on sick leave. The department concluded she was “permanently incapacitated”, without referring her to a GDE doctor or following up on her personal physician’s recommendation that she could return to work in a modified role.

Instead, Mpokane was written off.

But this week, the Education Labour Relations Council (ELRC) ruled in her favour, stating that the department’s handling of her dismissal was both procedurally and substantively flawed.

“I Was Still Fighting to Heal”

Mpokane, who had been on temporary incapacity leave since 2018 after years of health challenges, testified that she had never been declared permanently disabled by her own doctors. In fact, she had been undergoing treatment that showed improvement, including participating in extramural activities to aid her recovery.

Her plea? Just a few more months on the job, not just for income, but to complete 10 years of service to secure her pension and medical aid benefits.

“I wasn’t refusing to work. I needed more time and reasonable accommodation,” she told the council.

But the GDE never conducted an internal assessment of her capabilities, a legal requirement before terminating an employee on medical grounds.

A Decade-Long Treatment Journey Ignored

Dr Haroon Abdul Issa, a neuropsychologist who treated Mpokane for over 10 years, testified that while she had been diagnosed with depression, it was not a fixed condition, and that she showed steady improvement over time. He stressed that it was the employer’s duty to accommodate her where possible.

Despite these facts, the GDE simply accepted a medical report and used it as justification for dismissal — a shortcut that the ELRC condemned.

“There is no evidence showing that the department investigated the nature and extent of Mpokane’s illness,” said the commissioner.
“The GDE simply concluded she was permanently incapacitated. That is not how labour law works.”

GDE Defends Its Stance And Misses the Mark

The department’s assistant director of labour relations, Lebohang Mogale, argued that Mpokane was focused more on completing her 10 years of service than proving her fitness to return to work. But this reasoning didn’t hold water, especially after evidence revealed that no official effort was made to evaluate or reassign her, despite internal policies encouraging transformation and accommodation.

Too Late for Reinstatement, But Not for Justice

Given that Mpokane has since reached retirement age, the ELRC ruled that retrospective reinstatement would be impossible, but awarded her the equivalent of one year’s salary as compensation.

“I am of the view that, in the circumstances, the order of compensation is appropriate,” the commissioner concluded.

The GDE has until July 31, 2025, to pay the amount.

Why This Case Matters

This ruling is more than a win for one teacher, it’s a wake-up call for how public departments treat their employees, especially those dealing with health conditions. Mpokane wasn’t asking for special treatment, just fairness and time to heal.

Her case has also renewed calls for proper oversight, fair employment practices, and the enforcement of workplace health accommodation policies across all public institutions.

The Gauteng Education Department learned the hard way that skipping due process in health-related dismissals doesn’t just hurt workers, it costs the state. For Nomvula Mpokane, this R477,000 payout won’t erase the trauma, but it affirms her dignity and years of service.

{Source: IOL}

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