Gauteng education department ordered to pay over R477,000 to elderly teacher dismissed over health issues

The Gauteng Department of Education (GDE) has been ordered to pay over R477,000 to an elderly teacher who was dismissed due to her poor health.

Nomvula Mpokane, 61, had her employment terminated in September 2024 while she was on leave. The reason was that she was permanently incapacitated, and she could not be gainfully employed by the department.

An incapacity inquiry was held in August 2024, and Mpokane informed the presiding officer that she needed more time as she was to undergo the ECT scan, which she believed would assist in her recovery.

However, the verdict stated that the Provincial Health Service and the department agreed that she could not be utilised due to her permanent incapacity or disability.

Aggrieved by the dismissal, Mpokane referred her matter to the Education Labour Relations Council (ELRC) where she sought retrospective reinstatement.

She testified that she was not taken to a GDE doctor; instead, the department took the medical report she presented and concluded that she was permanently incapacitated.

She added that none of her doctors had declared her permanently disabled. Her doctors recommended a transfer to alternative work and according to her knowledge, the transformation unit was supposed to come to school, but that never happened.

She further said that due to her poor concentration at the time, her doctors gave her a description of duties, and she also participated in extramural activities to assist her in healing. However, the doctor’s recommendations were not followed by the GDE.

In addition, she resigned in 2014 and was reemployed in 2015, and she pleaded with the department to give her at least nine months so that she can complete 10 years in order not to forfeit her pension fund benefit allowance, and medical aid - which she needed.

The GDE defended its actions through its assistant director of labour relations, Lebohang Mogale, who asserted that the procedures followed were within fair practice.

Mogale claimed that Mpokane did not show willingness to come back to work and also indicated that she was booked for another procedure or operation, but she failed to show whether she would be able to come back to work.

She further testified that Mpokane did not present any evidence to show that she was fit to come to work, instead, she was more interested in the 10 years’ service.

Meanwhile, Buyisiwe Mabuya, the director for transformation, said if Mpokane wanted to be transferred to another school in terms of the transfer policy, she was expected to initiate her transfer. 

Mabuya said Mpokane missed work from October 2022 until July 2023, before that, since 2014, she had been applying for sick leave and exhausted it. She then started applying for temporary incapacity leave in September 2018.

However, the crux of the matter lay with the assessment conducted by Dr Haroon Abdul Issa, a neuropsychologist who treated Mpokane over the last decade.

Issa testified that he works with a team consisting of psychiatrists, occupational therapists, clinical and social workers to treat the depression of a patient.

He said social workers and psychologists concluded that Mpokane was permanently incapacitated based on the assessment at the time, but as they tried different treatments, she improved. 

He testified that he did not write that the employer must make an effort to accommodate the employee, but it was the duty of the employer to assist the employee.

Evaluating the evidence, the commissioner said in terms of the law, the department ought to conduct an investigation to determine the poor health of an employee if they were failing to perform their duties. In this case, there was no evidence showing that the department had investigated the nature and extent of Mpokane's illness.

"I agree with the applicant’s (Mpokane) version that the respondent (GDE) only took into consideration her medical reports and reached the conclusion that she was permanently incapacitated," said the commissioner.

Turning to the appropriate remedy, the commissioner said retrospective reinstatement won't be possible as Mpokane had reached the retirement age in terms of the GDE's retirement age policy.

"I am of the view that, in the circumstances, the order of compensation is appropriate."

Mpokane was awarded compensation equivalent to one year's salary in an amount of R477,357 which had to be paid by July 31, 2025.

sinenhlanhla.masilela@iol.co.za

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