Gauteng teacher loses unfair dismissal claim after arbitrator finds no appointment

An arbitrator at the Education Labour Relations Council (ELRC) has ruled that a Gauteng woman’s claim of unfair dismissal fails because she was never formally appointed by the Gauteng Department of Education. The arbitrator found no employment relationship existed and therefore concluded a dismissal could not have occurred.

Background: application and move to Krugersdorp

The dispute concerned N Makobe, who applied for a bricklaying teaching post at Bosele Special School in Krugersdorp after completing an Advanced Diploma in Technical and Vocational Training. She gave evidence that she completed her profile on the Gauteng unemployed teachers website in January 2026 and applied for the advertised post.

Makobe said she was interviewed on 5 March 2026 by the school principal, Mr Thage, and members of the School Governing Body (SGB). She told the arbitration she disclosed her qualifications and that she had not completed a Post Graduate Certificate in Education (PGCE).

After the interview, Makobe said an SGB member called to congratulate her and asked her to return to the school. She testified she moved to Krugersdorp, paid a deposit on accommodation, and reported for duty on 9 March 2026. She worked on 10 March and was among educators instructed to report to the district office for fingerprints. The next day the principal allegedly told her the district office said she could not be employed because she did not have a PGCE.

Department’s case: no appointment and inadequate qualifications

The Gauteng Department of Education raised a preliminary issue at arbitration that Makobe had not been dismissed because she had never been employed by the department. The department explained its recruitment and appointment process for school‑based posts, saying vacancies are advertised through the unemployed educator database, candidates are shortlisted and recommendations sent to the district office for quality assurance, and only after approval is an appointment letter issued.

Assistant Director: Human Resources Management Emely Mochela gave evidence that the delegated authority to approve appointments is the district director. Mochela also said Makobe’s academic record showed 108 credits while the minimum requirement for the PGCE was 180 credits, and that the qualification Makobe obtained qualified her to teach at a TVET college rather than at a basic education school. The department relied on the Personnel Administrative Measures (PAM) as setting the minimum requirements for appointment to school‑based educator posts.

Signed form not a final appointment

A central issue was a document Makobe regarded as her employment contract. Arbitrator Monde Boyce found the document was a Gauteng Department of Education form completed at the school and signed by the principal and the SGB chairperson, but it was not the final appointment document required to establish an employment relationship.

Boyce noted the form still required signatures from the district human resources section and the district director, who held the delegated authority to approve appointments. Neither had signed the form, so it represented only one step in the recruitment process and did not amount to an appointment.

Arbitrator’s ruling and jurisdiction

Boyce said Makobe bore the legal burden of proving she had been dismissed. The arbitrator found she failed to discharge that burden and that the objective evidence showed she did not meet the requirements for the position and that the appointment process had not been completed.

“Dismissal could not exist”

Boyce also held that the ELRC lacked jurisdiction to arbitrate the dispute because the principal and SGB did not have authority to make final appointments; their role was to make recommendations while the departmental authority approved appointments.

Outcome

The arbitrator ruled that Makobe had not been dismissed and dismissed her unfair dismissal claim.