ELRC644-20/21 EC
Text
ELRC448-20/21
Text
Award Date:
12 October 2021
Commissioner: N. Bantwini
Case No: ELRC448-20/21
Date of award: 12 October 2021
In the matter between:
NAPTOSA obo Sharon Anne Louwskitter Applicant
and
Department of Education- Eastern Cape 1st Respondent
Basil Stevens 2nd Respondent
DETAILS OF HEARING AND REPRESENTATION
1. This arbitration was part heard on 07 April 2021, 27 May 2021, 06 September 2021 and was finalized on 14 September 2021 and was heard in the offices of the 1st respondent, Department of Education- Eastern Cape, in Port Elizabeth and on virtual platform. It came before the auspices of the ELRC in terms of Section 191 (1) 191 5 (a) of the read with section 186 (2) (a) of the Labour Relations Act 66 of 1995 (the LRA). Mr. Anton Adams, an official from NAPTOSA appeared for the applicant, Ms. Sharon-Anne Louwskitter, while Mr. Lesley Eskock appeared for the 1st respondent. Mr. Lloyd Cunningham, an official from SADTU appeared for the 2nd respondent, Mr. Basil Stevens.
ISSUE TO BE DECIDED
2. The issue to be decided is whether the 1st respondent’s conduct of not promoting the applicant to a position of a Principal at GJ Louw Primary School was fair or not. I have considered all the evidence and arguments, but because section 138 (7) of the Labour Relations Act, 66 of 1995, as amended requires brief reasons. I have only referred to the evidence and arguments that I regard as necessary to substantiate my findings and determination of the dispute. Parties were allowed to submit written closing arguments on 21 September 2021. The process was electronically and manually recorded.
BACKGROUND TO THE DISPUTE
3. The applicant referred a dispute to the ELRC through her union regarding her non-promotion to the position of a Principal which was advertised by the 1st respondent at GJ Louw Primary School in Port Elizabeth. When the dispute could not be resolved at conciliation, the applicant filed a request for arbitration through her union.
SURVEY OF EVIDENCE AND ARGUMENT
4. No submission in respect of an opening statement was made by Mr. Adams. The dispute arose from the non-appointment of the applicant to the position of Principal, which she applied for at GJ Louw Primary School. The applicant was shortlisted together with 3 other candidates and was interviewed.
5. One of the interviewed candidates, Mr. Basil Stevens who is referred to as the 2nd respondent was appointed to the position. The applicant seeks the appointment of Mr. Stevens to be set aside and the position be re-advertised.
6. The applicant, Ms. Sharon-Anne Louwskitter testified as follows:
7. She is employed by the 1st respondent as a Deputy Principal at GJ Louw Primary School. She referred the dispute to the ELRC through her union because the 1st respondent unfairly treated her by appointing a candidate who was rated as number 2 without any substantive reason although she was recommended for appointment to the position of Principal which was advertised. She meets all the requirements of the position in terms of qualifications and experience.
8. She applied for the position, was shortlisted and was interviewed. On 02 November 2020 she had a meeting with Mrs. Selana, the EDO/Circuit Manager who told her that Mr. Stevens has been appointed and will be introduced as the new Principal in the school. The EDO told her that she made a recommendation for her (the applicant) to be appointed but the SGB’s recommendation took precedence.
9. Mrs. Van Rensburg, who was the SGB member also told her that the SGB ratification meeting’s decision was not to recommend Mr. Stevens but Mr. Stevens was only moved up to number 1 when the SGB voted. She (the applicant) was number 2. This is not reflected in the minutes. Mrs. Solomon also told her that the appointment of Mr. Stevens was not the SGB ‘s decision.
10. She (the applicant) consulted with the EDO and later with Mrs. Fritz who handed over a blank route form to Mr. Jacobs, one of the interview panelists. The minutes of a meeting held on 11 February 2020 were compiled by Mrs. Fritz (pages 27 to 29). She was requested by Mrs. Fritz to sign the minutes on 11 February 2020. She signed without looking at the minutes.
11. Under cross-examination by Mr. Eskock, the applicant testified as follows:
12. She was the Acting Principal when she signed the minutes and item no.11 was not in discussion. She submitted a grievance form and she relied on what she was told by Mrs. Solomon who also signed the confidentiality form. This happened after the 2nd respondent was appointed.
13. The applicant stated further that Mr. Jacobs did not sign the route form as it was blank. She did not attend the SGB meeting that was held on 11 February 2020 (page 26 and 27).
14. Under cross-examination by Mr. Cunningham, the applicant stated the following:
15. She submitted her grievance on 11 November 2020 to NAPTOSA via email due to covid 19. She requested affidavits from people she spoke to about the position. She was Acting Principal at the time. Ms. Selana told her about the appointment of Mr. Stevens and she told her (the applicant) that she recommended her (the applicant) for appointment instead of Mr. Stevens. The applicant stated further that she did not attend the SGB meeting which was scheduled for 11 February 2020 but she was asked to sign the attendance register by Ms. Fritz and Selana without reading the minutes (page 25).
16. Under re-examination the applicant stated that technically according to the minutes, she was not elected as the best candidate and she did not recuse herself.
17. Mrs. Mieskah Smith, the first witness testified as follows:
18. She is a member of the SGB and was elected in 2020 due to a shortage of members in the parents’ component. She recalls a meeting which was held on 11 February 2020 although she did not attend (minutes contained on pages 26 and 27). She does not recall as to when the attendance register was brought to her to sign. Ms. Selana trained the interview panel in preparation of the interviews. She recalls signing a fully completed route form wherein Mr. Stevens was recommended as number 1 candidate and Ms. Louskitter as number 2, Rhagosigh was number 3. During the voting, Mr. Stevens had the majority of the votes and was number 1.
19. Under cross-examination by Mr. Eskock, Ms. Smith testified that she signed the route form which was completed in full and Mr. Stevens was number 1, Ms. Louwskitter being number 2. When the panelists voted, Mr. Stevens was voted as number 1 as he was the best candidate for the position. She did not attend the SGB meeting which was held on 11 February 2020 because she could not get a day off from work.
20. Under cross-examination by Mr. Cunningham, Ms. Smith stated that Mr. Stevens was number 1 in the route form and the applicant was number 2. She voted for Mr. Stevens when voting was conducted.
21. The second witness, Ms. Kaylen Goliath testified as follows:
22. She is the SGB member representing the staff/teacher component since March 2020. She was not part of the meeting held on 11 February 2020. Ms. Selana took the interview panel through training in preparation for the interview for the principal position. She was part of the meeting held on 29 August 2020 on shortlisting. She was also part of the interview process for the position of the Principal. At the end of the process, consensus to recommend Rhagosigh, Stevens and Louwskitter was made. The route form was signed at a later stage and Mrs. Fritz told them that there were no ratification minutes. They did not see what was completed in the route form and Ms. Fritz told them that they do not have to see it.
23. During voting, 2 members voted for Stevens and 4 voted for Ms. Louwskitter. She became aware about the appointment of Mr. Stevens on 03 November 2020. Ms. Selana was not part of the ratification meeting.
24. Under cross-examination, the witness testified as follows:
25. The interview panelists were trained by Ms. Selana and she (the witness) was representing the non-teaching staff of SGB. She did sign the declaration of secrecy. She wrote an affidavit when she realized that Mr. Stevens was appointed (page 12). She also understands the implications of the declaration of secrecy and she maintained it although she went to SAPS for the affidavit before the dispute was referred by the applicant.
26. The witness could not explain why she did not approach the 1st respondent or the SGB about her dissatisfaction of Mr. Steven’s appointment. During ratification meeting, when it transpired that Rhagosigh misrepresented himself in the CV. Mr. Stevens was the first candidate, and the applicant was the second recommended candidate.
27. The witness stated further that she saw the first page of the route form. She did not respond when it was put to her that only the SGB chairperson and secretary are supposed to sign the route form. She was satisfied about the interview and the ratification processes.
28. Under cross-examination by Mr. Cunningham, the witness testified as follows:
29. Training for the appointment process of the Principal was adequate. She decided to make an affidavit because the applicant wanted everything to be in writing as she had decided to refer a dispute to the ELRC. Her affidavit was not influenced by Ms. Solomon’s affidavit (page 10). She has known the applicant since 2019 when she went to GJ Louw Primary School.
30. The rating of the candidates changed during ratification as Stevens was number 1 although during the voting, most members voted for the applicant. The applicant was very nervous during the interview. Mr. Stevens was very confident. She attended the meeting that was held on 27 February 2020 and that the selection of the interview panel was a fabrication.
31. Under re-examination, the witness stated that the ranking of candidates after the interview was as follows:
32. Rhagosigh was number 1, Stevens number 2 and Louskitter was number 3. After the misrepresentation was sported about Rhagosigh, Mr. Stevens was number 1 followed by Ms. Louskitter being number 2. When they voted before ratification, the applicant had the majority of the voters followed by Mr. Stevens.
33. The third witness, Ms. Aldea Solomon testified as follows:
34. She was a member of SGB when the Principal of GJ Louw School was appointed. They were trained by Ms. Selana before the interview process started. She was not part of the interview process as she was sick but she was present during the shortlisting and ratification. There was no meeting to elect the interview panel, Mrs. Fritz phoned her telling her that she will be part of the shortlisting process (page 29).
35. After the interview process, 4 SGB members voted for the applicant and 2 members voted for Mr. Stevens. She was shocked when she was informed that Mr. Stevens was appointed. According to the minutes, Mr. Stevens was the best candidate to be recommended. She did not sign the route form.
36. She wrote an affidavit 5 days after Mr. Stevens was introduced at the school. Mr. Stevens was rated number 1 during ratification meeting and the applicant was rated number 2. The minutes of the meeting held on 11 February are not a true reflection of what happened.
37. Under cross-examination by Mr. Eskock, the witness testified as follows:
38. She is an experienced SGB member she did not participate during the interview process as she was sick. She only attended shortlisting and ratification processes. She did sign the declaration of secrecy form but she made an affidavit because she wanted everything to be in writing. Four members voted for the applicant and 2 members voted for Mr. Stevens. She attended the meeting that was held on 11 September 2020 (pages 15 and 16). During the interview and ratification, Mr. Stevens was recommended as number 1 candidate but this was not recorded.
39. Under cross-examination by Mr. Cunningham, the witness testified as follows:
40. She was assisted by the police to write an affidavit and to translate some Afrikaans words as she is not fluent in English. She is not sure about the meaning of fraudulent. Mrs. Fritz spoke to her at her gate about being an interview panelist member and she agreed. Mrs. Smith also voted for the applicant. Misses Gotyana and Fritz voted for Mr. Stevens.
41. She could not raise an objection about her dissatisfaction regarding Mr. Steven’s appointment because she found out about it at a later stage. She only signed the attendance register but not the route form.
42. The witness testified further that she could not vote for Mr. Stevens at the ratification meeting because she did not know him. She was not part of the interview process because she was sick.
43. Under re-examination, the witness stated that she did not read the minutes of the ratification meeting she attended and she never signed the route form. She did not speak to anyone until Mr. Stevens was appointed. The witness stated further that there was no formal election of the interview panel. Mrs. Fritz sent her a message via WhatsApp appointing her as the panelist member of the interview process.
44. In closing, Mr. Adams argued as follows:
45. The interviewing committee was not properly constituted as Solomon, Goliath and Smith were verbally approached to be part of the process of appointment (shortlisting, interview and ratification) of the Principal. Mrs. Fritz confirmed to have verbally approached the SGB members the day before the shortlisting. This means that the interview committee was not properly constituted. Mrs. Fritz testified to have consulted with the ex-Principal of the school for advice.
46. The 1st respondent has failed to meet its own standards with regards to the election of the interview committee as set out in ELRC Collective Agreement 5 of 1998 and PAM section B.5.4 (School based educator posts). The 1st respondent also failed to properly train the SGB on the interview processes in order to make an informed decision.
47. Mr. Adams argued further that the 1st respondent’s conduct was unfair and falls within the definition of an unfair labour practice in relation to promotion both procedural and substantive in nature. He finally submitted that the 2nd respondent’s appointment be set aside and the position be re advertised.
The Respondent’s evidence
48. According to Mr. Eskock’s opening statement, the applicant applied for the position of Principal at GJ Louw Primary School. She was shortlisted, interviewed and was not recommended for appointment by the SGB. The 1st respondent followed all the due processes and will call witnesses to testify.
49. The 1st respondent’s witness, Ms. Xoliswa Jennifer Selana testified as follows:
50. She has worked for the 1st respondent as a Circuit Manager/EDO since 2009 to date. GJ Louw Primary school is under her circuit. She was the resource person during the interview. She did receive training on interview/recruitment process at the Nelson Mandela Metropolitan University (NMMU). The entire School Governing Body (SGB) was trained by her in preparation for the appointment of a Principal whose position was advertised. She never created an expectation to the applicant, Ms. Louwskitter at any stage. The SGB decided to use consensus and this decision was taken before the commencement of the interview process.
51. Of the three candidates, Rhagosigh was rated as number1, Stevens number 2 and Louskitter was rated as number 3. When it transpired that there was a conflict of interest with regards to Mr. Rhagosigh, Mr. Stevens was rated number 1 and the applicant was number 2 (page 45). She (the witness) was not part of decision making.
52. The minutes of the shortlisting process appear from pages 75 to page 77. There was nothing irregular, the process was fair from the beginning up to the finalization of the process. The route form was signed by the SGB, herself and was taken to the HOD for approval. No changes were made by the HOD as Mr. Stevens was the recommended candidate for appointment.
53. The three candidates were all appointable and none of the SGB members voiced out dissatisfaction or unhappiness about the process. She was shocked when she heard that some SGB members went to police to write affidavits.
54. Under cross-examination by Mr. Cunningham, the witness testified as follows:
55. There was no reason for her to doubt the process followed as she trained the entire SGB members. Mr. Rhagosigh had been the number 1 candidate until the issue of misrepresentation came up hence Mr. Stevens was moved to number 1. The applicant was rated as number 3. She never had any doubts in the appointment of Mr. Stevens as he was recommended by the interview panel. The interview panelists, including herself, signed the confidentiality form. Everything was above board according to her.
56. Under cross-examination, by Mr. Adams, the witness testified as follows:
57. She did train the SGB before the process of selection of the principal position at GJ Louw Primary School was conducted. The respondent/EDO scrutinized the application forms based on the requirements of the position. The application form must be fully completed. Shortlisting was done on 29 August 2020. The witness stated that she can now see that there is something wrong in terms of the minutes of selection of interview panel. This was after it was put to her (the witness) that Messrs. Smith and Goliath testified that they were approached telephonically by Mrs. Fritz to participate in the selection panel. The witness could not respond when it was also put to her that both Messrs. Smith and Goliath were given a blank paper to sign after the interview was conducted. The witness stated that the selection panel should have been properly constituted.
58. The witness testified further that on the day of the interview, she requested the panelists to arrive earlier for the purpose of deciding on the criteria to be used for selecting the best candidate and the panel decided to use consensus. This is reflected in the minutes of the interview which appear on page 45 of the bundle. The witness disputed that the applicant was the preferred candidate as she was part of the interview. She also disputed that the interview process was flawed with the exception of the minutes of selection of the panelists.
59. Ms. Selana disputed ever telling the applicant that she (the applicant) was the best-chosen candidate except for telling the applicant to lodge a grievance if she is not happy about not being appointed to the position of a Principal. The route form was completed and signed by the SGB members as well as by herself after the ratification was done by the SGB members. She kept on phoning Mrs. Fritz as she delayed in submitting the documents and she cannot say the process was procedurally and substantively unfair or flawed.
60. Under re-examination, the witness confirmed that applicants who cannot complete application forms are not competent for the position. Ms. Fritz delayed in submitting the selection documents but nothing changed in the nomination of the candidates. Anyone who applies for the position and not being recommended for appointment can be unhappy and that does not constitute unfairness. The SGB decided on consensus instead of scores. Mr. Stevens was the recommended candidate and this was also confirmed by Mrs. Smith who was the applicant’s witness.
61. The second witness Mrs. Carrol Geraldine Fritz testified as follows:
62. She was the SGB member who held the position of a secretary during the appointment of the Principal at GJ Louw Primary School. She was elected to serve in the SGB in 2018. Ms. Louskitter was part of the meeting that was held on 11 February 2020 until the 10th item of the agenda was discussed. All the members whose names appear in the attendance register were in attendance and they signed the attendance register. No apologies were noted nor received. The SGB members decided on consensus for the selection of the best candidate for the position.
63. During the interview, Mr. Rhagosigh was rated number1, Stevens number 2 the applicant was rated number 3. Until the panel spotted some discrepancy with regards to Mr. Rhagosigh CV, Mr. Stevens was then rated as number 1, the applicant number 2 and Mr. Rhagosigh was number 3. The recommendation for appointment of Mr. Stevens was made after Mr. Rhagosigh was moved to number 3 due to the misrepresentation which was spotted by the interview panel. She did sign the route form and after it was signed by other SGB members, she took it to Ms. Selana together with other documents. No one challenged the process.
64. Anyone is liable to make mistakes as she did with completing the route form but she rectified the mistake by completing it before it was signed. The mistake did not have a negative impact on shortlisting, interview or recommendation processes.
65. Under cross-examination by Mr. Cunningham, the witness testified as follows:
66. She was the SGB Secretary during the appointment of the Principal at GJ Louw Primary School. Ms. Selana contacted the applicant about the selection of the interview panel and she (the witness) was in turn advised by the applicant on 15 June 2020. She then phoned everyone who attended the meeting of 11 June 2020. She also phoned Misses. Solomons, Smith, Gotyana and Goliath and they all agreed to be in the interview panel. The school could not let new people in the school because of covid 19.
67. Ms. Selana suggested that the panel of interview be given a refresher training on interviews and shortlisting and this was done. The applicant told her that she does not want to be involved in the process as she had applied for the position. She (the witness) then sought assistance from the retired Principal, Mr. Erasmus in desperation.
68. The witness disputed emphatically that the applicant was ever recommended or nominated for the position of the principal. She phoned Ms. Solomon and Goliath and they never objected to serve on the SGB (pages 23 and 26). She does not know why Misses Solomon and Goliath wrote affidavits with the police as no one voiced out dissatisfaction about the process. No one was ever forced to sign the attendance register in respect of the meeting of 11 February 2020.
69. Ms. Smith did not attend the meeting which was held on 11 February 2020. All panelists were happy about the criteria set for selecting the best candidate.
70. Under cross-examination by Mr. Adams, the witness testified as follows:
71. No complaints were received from the NAPTOSA representative during the shortlisting process. He could not interfere with the process as he was an observer. She asked guidance from Mr. Erasmus, the former principal of GJ Louw Primary School to construct minutes of selection of the interview panel as there was no time to hold a meeting due to covid 19 virus restrictions. The school was not allowed to let outsiders in the school.
72. The witness admitted she was wrong by not conducting a proper meeting for the selection of the interview committee. It is not true that she brought an empty route form to be signed as she rectified it by completing it before it was signed.
73. Ms. Fritz confirmed the change of ranking of candidates i.e. Mr. Stevens as number 1 Ms. Louwskitter, number 2 and Mr. Rhagosigh as number 3 after the SGB realized misrepresentation in Mr. Rhagosigh’s CV (page 17). She confirmed the ratification as a true reflection of what occurred as Mr. Stevens was selected as the best candidate. Three members voted for Mr. Stevens and 3 other members voted for Ms. Louskitter. Only the selection of interview panel was flawed but the panel decided on the consensus.
74. Under re-examination by Mr. Eskock, the witness stated the following:
75. The applicant was never ranked as the number1 or best candidate for the position. The witness was referred to the invitation to the meeting, attendance register and ratification minutes which appear from pages 14 to page 17. Mr. Stevens was recommended as number 1 candidate after the SGB realized that Mr. Rhagosigh misrepresented facts in his CV. Ms. Louwskitter was then ranked as number 2 candidate. This is the true reflection of what transpired in the ratification meeting.
76. The witness confirmed phoning Mr. Erasmus, the former principal of GJ Louw Primary School for advice in relation to the election of the interview panel. She did make a mistake by forwarding a blank route form but she rectified that by completing it before it was signed by the panelists. The process of shortlisting, interview and ratification was procedural and substantively fair.
77. Under re-examination by Mr. Cunningham, the witness confirmed the following:
78. Candidates were recommended on consensus as follows; Mr. Stevens as number 1, Ms. Louwskitter, number 2 and Mr. Rhagosigh as number 3. It is correct that Mrs. Smith voted for Mr. Stevens at the ratification meeting. Misses Van Rensburg and Solomon were not part of the interview meeting.
79. In closing, Mr. Cunningham argued as follows:
80. Ms. Louwskitter was never ranked as the number 1 candidate as reflected in her referral document and as per her evidence and her witnesses. The applicant’s witnesses were unreliable and gave conflicting evidence. NAPTOSA’s efforts to contest signatories, route form and dates was a desperate effort to rescue a lost cause. Ms. Solomons and Goliath were rehearsed witnesses and Mr. Adams failed to prove that the minutes were flawed.
81. The fact that Ms. Selana signed the route form after it was signed by the SGB members who were part of the interview process proves that the process was authentic.
82. Mr. Cunningham finally argued that the applicant had failed to make out a case on unfair labour practice and that the 1st respondent cannot be compelled to set aside the appointment of the incumbent and as such the applicant’s case must be dismissed.
ANALYSIS OF EVIDENCE AND ARGUMENTS
83. The issues of common cause that relates to this matter are as follows:
• That the applicant applied for an advertised position of a Principal at GJ Louw Primary School.
• That the applicant was shortlisted and interviewed but was not appointed to the position.
• That the applicant meets the requirements of the position as per the advertisement.
• That the 2nd respondent, Mr Basil Stevens was recommended and appointed as the best candidate for the position.
• That the criteria of consensus was decided upon before the commencement of the interview process.
• That the interview panel spotted misrepresentation in Mr Rhagosigh’s CV during the ratification meeting.
• That Mr Rhagosigh, as a result of misrepresentation was moved from being candidate number 1 to candidate number 3.
84. While it is the applicant’s case that the selection process was unfairly conducted as she (the applicant) was advised by the EDO that she was the recommended candidate but was not appointed as the SGB ‘s recommendation took precedence, this evidence was disputed emphatically by Ms Selana, the EDO. Ms Selana’s undisputed evidence was that she advised the applicant to file a grievance when she (the applicant) voiced out her unhappiness of not being appointed to the position.
85. It must be noted that although the 2 applicant’s witnesses, Misses, Solomons and Goliath testified that 4 SGB members voted for the applicant, and 2 members voted for Mr Stevens, their evidence does not seem to be truthful as Ms Smith, one of the applicant’s witnesses testified that she voted for Mr Stevens. This means that both candidates were each voted by 3 members.
86. Again the 2 applicant’s witnesses also did not dispute that Mr. Stevens was rated as the number 1 candidate followed by the applicant after Mr Rhagosigh’s misrepresentation was spotted by the interview panel. This evidence was corroborated by the 1st respondent’s witnesses.
87. It is undisputed evidence that the 1st respondent’s witness, Mrs. Fritz conceded that the selection of the interview committee was not elected in a meeting as she personally contacted Misses, Smith, Goliath, Solomons and Gotyana to participate in the interview committee for the appointment of the Principal of GJ Louw.
88. Furthermore, one must note that although the election of the interview committee was not in compliance with the 1st respondent’s policy, the SGB members were approached/ consulted, and they agreed to participate in the panel for the selection process. Meaning that due to the circumstances of covid 19 restrictions of not allowing outsiders in the school premises, as alluded to by Ms Fritz, a round robin approach was done.
89. It is undisputed fact that none of the candidates were prejudiced by this approach, including the applicant.
90. It must also be noted that the entire SGB was trained and were even given a refresher training before the selection process was conducted so that they make informed decisions.
91. It must be noted furthermore that the shortlisting and interview processes were never challenged by the referring party. With regards to the ratification process, it appears that Mr. Stevens was rated as the number 1 candidate or the best candidate for the position.
92. It is my view that even if the appointment of the 2nd respondent could be set aside as it is the remedy sought by the applicant, there is no guarantee that the applicant’s rating will change as she was rated below Mr Stevens even from interview stage.
93. It appears from both parties’ evidence that the 1st respondent did follow a fair procedure when appointing the 2nd respondent for the position of a Principal at GJ Louw Primary School and did not exercise its prerogative in a biased, unfair, capricious and unjust manner in appointing Mr. Basil Stevens.
94. The applicant has failed to discharge the onus to prove the claim of unfair labour practice based on promotion by the 1st respondent.
AWARD
95. I therefore make the following award:
96. The non-promotion of the applicant, Ms. Sharon-Anne Louwskitter by the 1st respondent, the Department of Education- Eastern Cape was both procedurally and substantively fair.
97. The 1st respondent, Department of Education- Eastern Cape cannot be compelled to set aside Mr. Basil Steven’s appointment and or re- advertise the position of the Principal at GJ Louw Primary School.
98. The applicant, Ms Sharon-Anne Louwskitter, is not entitled to any relief.
99. The application is dismissed.
100. There is no order as to costs.
Ncumisa Bantwini
Arbitrator
Case No: ELRC448-20/21
Date of award: 12 October 2021
In the matter between:
NAPTOSA obo Sharon Anne Louwskitter Applicant
and
Department of Education- Eastern Cape 1st Respondent
Basil Stevens 2nd Respondent
DETAILS OF HEARING AND REPRESENTATION
1. This arbitration was part heard on 07 April 2021, 27 May 2021, 06 September 2021 and was finalized on 14 September 2021 and was heard in the offices of the 1st respondent, Department of Education- Eastern Cape, in Port Elizabeth and on virtual platform. It came before the auspices of the ELRC in terms of Section 191 (1) 191 5 (a) of the read with section 186 (2) (a) of the Labour Relations Act 66 of 1995 (the LRA). Mr. Anton Adams, an official from NAPTOSA appeared for the applicant, Ms. Sharon-Anne Louwskitter, while Mr. Lesley Eskock appeared for the 1st respondent. Mr. Lloyd Cunningham, an official from SADTU appeared for the 2nd respondent, Mr. Basil Stevens.
ISSUE TO BE DECIDED
2. The issue to be decided is whether the 1st respondent’s conduct of not promoting the applicant to a position of a Principal at GJ Louw Primary School was fair or not. I have considered all the evidence and arguments, but because section 138 (7) of the Labour Relations Act, 66 of 1995, as amended requires brief reasons. I have only referred to the evidence and arguments that I regard as necessary to substantiate my findings and determination of the dispute. Parties were allowed to submit written closing arguments on 21 September 2021. The process was electronically and manually recorded.
BACKGROUND TO THE DISPUTE
3. The applicant referred a dispute to the ELRC through her union regarding her non-promotion to the position of a Principal which was advertised by the 1st respondent at GJ Louw Primary School in Port Elizabeth. When the dispute could not be resolved at conciliation, the applicant filed a request for arbitration through her union.
SURVEY OF EVIDENCE AND ARGUMENT
4. No submission in respect of an opening statement was made by Mr. Adams. The dispute arose from the non-appointment of the applicant to the position of Principal, which she applied for at GJ Louw Primary School. The applicant was shortlisted together with 3 other candidates and was interviewed.
5. One of the interviewed candidates, Mr. Basil Stevens who is referred to as the 2nd respondent was appointed to the position. The applicant seeks the appointment of Mr. Stevens to be set aside and the position be re-advertised.
6. The applicant, Ms. Sharon-Anne Louwskitter testified as follows:
7. She is employed by the 1st respondent as a Deputy Principal at GJ Louw Primary School. She referred the dispute to the ELRC through her union because the 1st respondent unfairly treated her by appointing a candidate who was rated as number 2 without any substantive reason although she was recommended for appointment to the position of Principal which was advertised. She meets all the requirements of the position in terms of qualifications and experience.
8. She applied for the position, was shortlisted and was interviewed. On 02 November 2020 she had a meeting with Mrs. Selana, the EDO/Circuit Manager who told her that Mr. Stevens has been appointed and will be introduced as the new Principal in the school. The EDO told her that she made a recommendation for her (the applicant) to be appointed but the SGB’s recommendation took precedence.
9. Mrs. Van Rensburg, who was the SGB member also told her that the SGB ratification meeting’s decision was not to recommend Mr. Stevens but Mr. Stevens was only moved up to number 1 when the SGB voted. She (the applicant) was number 2. This is not reflected in the minutes. Mrs. Solomon also told her that the appointment of Mr. Stevens was not the SGB ‘s decision.
10. She (the applicant) consulted with the EDO and later with Mrs. Fritz who handed over a blank route form to Mr. Jacobs, one of the interview panelists. The minutes of a meeting held on 11 February 2020 were compiled by Mrs. Fritz (pages 27 to 29). She was requested by Mrs. Fritz to sign the minutes on 11 February 2020. She signed without looking at the minutes.
11. Under cross-examination by Mr. Eskock, the applicant testified as follows:
12. She was the Acting Principal when she signed the minutes and item no.11 was not in discussion. She submitted a grievance form and she relied on what she was told by Mrs. Solomon who also signed the confidentiality form. This happened after the 2nd respondent was appointed.
13. The applicant stated further that Mr. Jacobs did not sign the route form as it was blank. She did not attend the SGB meeting that was held on 11 February 2020 (page 26 and 27).
14. Under cross-examination by Mr. Cunningham, the applicant stated the following:
15. She submitted her grievance on 11 November 2020 to NAPTOSA via email due to covid 19. She requested affidavits from people she spoke to about the position. She was Acting Principal at the time. Ms. Selana told her about the appointment of Mr. Stevens and she told her (the applicant) that she recommended her (the applicant) for appointment instead of Mr. Stevens. The applicant stated further that she did not attend the SGB meeting which was scheduled for 11 February 2020 but she was asked to sign the attendance register by Ms. Fritz and Selana without reading the minutes (page 25).
16. Under re-examination the applicant stated that technically according to the minutes, she was not elected as the best candidate and she did not recuse herself.
17. Mrs. Mieskah Smith, the first witness testified as follows:
18. She is a member of the SGB and was elected in 2020 due to a shortage of members in the parents’ component. She recalls a meeting which was held on 11 February 2020 although she did not attend (minutes contained on pages 26 and 27). She does not recall as to when the attendance register was brought to her to sign. Ms. Selana trained the interview panel in preparation of the interviews. She recalls signing a fully completed route form wherein Mr. Stevens was recommended as number 1 candidate and Ms. Louskitter as number 2, Rhagosigh was number 3. During the voting, Mr. Stevens had the majority of the votes and was number 1.
19. Under cross-examination by Mr. Eskock, Ms. Smith testified that she signed the route form which was completed in full and Mr. Stevens was number 1, Ms. Louwskitter being number 2. When the panelists voted, Mr. Stevens was voted as number 1 as he was the best candidate for the position. She did not attend the SGB meeting which was held on 11 February 2020 because she could not get a day off from work.
20. Under cross-examination by Mr. Cunningham, Ms. Smith stated that Mr. Stevens was number 1 in the route form and the applicant was number 2. She voted for Mr. Stevens when voting was conducted.
21. The second witness, Ms. Kaylen Goliath testified as follows:
22. She is the SGB member representing the staff/teacher component since March 2020. She was not part of the meeting held on 11 February 2020. Ms. Selana took the interview panel through training in preparation for the interview for the principal position. She was part of the meeting held on 29 August 2020 on shortlisting. She was also part of the interview process for the position of the Principal. At the end of the process, consensus to recommend Rhagosigh, Stevens and Louwskitter was made. The route form was signed at a later stage and Mrs. Fritz told them that there were no ratification minutes. They did not see what was completed in the route form and Ms. Fritz told them that they do not have to see it.
23. During voting, 2 members voted for Stevens and 4 voted for Ms. Louwskitter. She became aware about the appointment of Mr. Stevens on 03 November 2020. Ms. Selana was not part of the ratification meeting.
24. Under cross-examination, the witness testified as follows:
25. The interview panelists were trained by Ms. Selana and she (the witness) was representing the non-teaching staff of SGB. She did sign the declaration of secrecy. She wrote an affidavit when she realized that Mr. Stevens was appointed (page 12). She also understands the implications of the declaration of secrecy and she maintained it although she went to SAPS for the affidavit before the dispute was referred by the applicant.
26. The witness could not explain why she did not approach the 1st respondent or the SGB about her dissatisfaction of Mr. Steven’s appointment. During ratification meeting, when it transpired that Rhagosigh misrepresented himself in the CV. Mr. Stevens was the first candidate, and the applicant was the second recommended candidate.
27. The witness stated further that she saw the first page of the route form. She did not respond when it was put to her that only the SGB chairperson and secretary are supposed to sign the route form. She was satisfied about the interview and the ratification processes.
28. Under cross-examination by Mr. Cunningham, the witness testified as follows:
29. Training for the appointment process of the Principal was adequate. She decided to make an affidavit because the applicant wanted everything to be in writing as she had decided to refer a dispute to the ELRC. Her affidavit was not influenced by Ms. Solomon’s affidavit (page 10). She has known the applicant since 2019 when she went to GJ Louw Primary School.
30. The rating of the candidates changed during ratification as Stevens was number 1 although during the voting, most members voted for the applicant. The applicant was very nervous during the interview. Mr. Stevens was very confident. She attended the meeting that was held on 27 February 2020 and that the selection of the interview panel was a fabrication.
31. Under re-examination, the witness stated that the ranking of candidates after the interview was as follows:
32. Rhagosigh was number 1, Stevens number 2 and Louskitter was number 3. After the misrepresentation was sported about Rhagosigh, Mr. Stevens was number 1 followed by Ms. Louskitter being number 2. When they voted before ratification, the applicant had the majority of the voters followed by Mr. Stevens.
33. The third witness, Ms. Aldea Solomon testified as follows:
34. She was a member of SGB when the Principal of GJ Louw School was appointed. They were trained by Ms. Selana before the interview process started. She was not part of the interview process as she was sick but she was present during the shortlisting and ratification. There was no meeting to elect the interview panel, Mrs. Fritz phoned her telling her that she will be part of the shortlisting process (page 29).
35. After the interview process, 4 SGB members voted for the applicant and 2 members voted for Mr. Stevens. She was shocked when she was informed that Mr. Stevens was appointed. According to the minutes, Mr. Stevens was the best candidate to be recommended. She did not sign the route form.
36. She wrote an affidavit 5 days after Mr. Stevens was introduced at the school. Mr. Stevens was rated number 1 during ratification meeting and the applicant was rated number 2. The minutes of the meeting held on 11 February are not a true reflection of what happened.
37. Under cross-examination by Mr. Eskock, the witness testified as follows:
38. She is an experienced SGB member she did not participate during the interview process as she was sick. She only attended shortlisting and ratification processes. She did sign the declaration of secrecy form but she made an affidavit because she wanted everything to be in writing. Four members voted for the applicant and 2 members voted for Mr. Stevens. She attended the meeting that was held on 11 September 2020 (pages 15 and 16). During the interview and ratification, Mr. Stevens was recommended as number 1 candidate but this was not recorded.
39. Under cross-examination by Mr. Cunningham, the witness testified as follows:
40. She was assisted by the police to write an affidavit and to translate some Afrikaans words as she is not fluent in English. She is not sure about the meaning of fraudulent. Mrs. Fritz spoke to her at her gate about being an interview panelist member and she agreed. Mrs. Smith also voted for the applicant. Misses Gotyana and Fritz voted for Mr. Stevens.
41. She could not raise an objection about her dissatisfaction regarding Mr. Steven’s appointment because she found out about it at a later stage. She only signed the attendance register but not the route form.
42. The witness testified further that she could not vote for Mr. Stevens at the ratification meeting because she did not know him. She was not part of the interview process because she was sick.
43. Under re-examination, the witness stated that she did not read the minutes of the ratification meeting she attended and she never signed the route form. She did not speak to anyone until Mr. Stevens was appointed. The witness stated further that there was no formal election of the interview panel. Mrs. Fritz sent her a message via WhatsApp appointing her as the panelist member of the interview process.
44. In closing, Mr. Adams argued as follows:
45. The interviewing committee was not properly constituted as Solomon, Goliath and Smith were verbally approached to be part of the process of appointment (shortlisting, interview and ratification) of the Principal. Mrs. Fritz confirmed to have verbally approached the SGB members the day before the shortlisting. This means that the interview committee was not properly constituted. Mrs. Fritz testified to have consulted with the ex-Principal of the school for advice.
46. The 1st respondent has failed to meet its own standards with regards to the election of the interview committee as set out in ELRC Collective Agreement 5 of 1998 and PAM section B.5.4 (School based educator posts). The 1st respondent also failed to properly train the SGB on the interview processes in order to make an informed decision.
47. Mr. Adams argued further that the 1st respondent’s conduct was unfair and falls within the definition of an unfair labour practice in relation to promotion both procedural and substantive in nature. He finally submitted that the 2nd respondent’s appointment be set aside and the position be re advertised.
The Respondent’s evidence
48. According to Mr. Eskock’s opening statement, the applicant applied for the position of Principal at GJ Louw Primary School. She was shortlisted, interviewed and was not recommended for appointment by the SGB. The 1st respondent followed all the due processes and will call witnesses to testify.
49. The 1st respondent’s witness, Ms. Xoliswa Jennifer Selana testified as follows:
50. She has worked for the 1st respondent as a Circuit Manager/EDO since 2009 to date. GJ Louw Primary school is under her circuit. She was the resource person during the interview. She did receive training on interview/recruitment process at the Nelson Mandela Metropolitan University (NMMU). The entire School Governing Body (SGB) was trained by her in preparation for the appointment of a Principal whose position was advertised. She never created an expectation to the applicant, Ms. Louwskitter at any stage. The SGB decided to use consensus and this decision was taken before the commencement of the interview process.
51. Of the three candidates, Rhagosigh was rated as number1, Stevens number 2 and Louskitter was rated as number 3. When it transpired that there was a conflict of interest with regards to Mr. Rhagosigh, Mr. Stevens was rated number 1 and the applicant was number 2 (page 45). She (the witness) was not part of decision making.
52. The minutes of the shortlisting process appear from pages 75 to page 77. There was nothing irregular, the process was fair from the beginning up to the finalization of the process. The route form was signed by the SGB, herself and was taken to the HOD for approval. No changes were made by the HOD as Mr. Stevens was the recommended candidate for appointment.
53. The three candidates were all appointable and none of the SGB members voiced out dissatisfaction or unhappiness about the process. She was shocked when she heard that some SGB members went to police to write affidavits.
54. Under cross-examination by Mr. Cunningham, the witness testified as follows:
55. There was no reason for her to doubt the process followed as she trained the entire SGB members. Mr. Rhagosigh had been the number 1 candidate until the issue of misrepresentation came up hence Mr. Stevens was moved to number 1. The applicant was rated as number 3. She never had any doubts in the appointment of Mr. Stevens as he was recommended by the interview panel. The interview panelists, including herself, signed the confidentiality form. Everything was above board according to her.
56. Under cross-examination, by Mr. Adams, the witness testified as follows:
57. She did train the SGB before the process of selection of the principal position at GJ Louw Primary School was conducted. The respondent/EDO scrutinized the application forms based on the requirements of the position. The application form must be fully completed. Shortlisting was done on 29 August 2020. The witness stated that she can now see that there is something wrong in terms of the minutes of selection of interview panel. This was after it was put to her (the witness) that Messrs. Smith and Goliath testified that they were approached telephonically by Mrs. Fritz to participate in the selection panel. The witness could not respond when it was also put to her that both Messrs. Smith and Goliath were given a blank paper to sign after the interview was conducted. The witness stated that the selection panel should have been properly constituted.
58. The witness testified further that on the day of the interview, she requested the panelists to arrive earlier for the purpose of deciding on the criteria to be used for selecting the best candidate and the panel decided to use consensus. This is reflected in the minutes of the interview which appear on page 45 of the bundle. The witness disputed that the applicant was the preferred candidate as she was part of the interview. She also disputed that the interview process was flawed with the exception of the minutes of selection of the panelists.
59. Ms. Selana disputed ever telling the applicant that she (the applicant) was the best-chosen candidate except for telling the applicant to lodge a grievance if she is not happy about not being appointed to the position of a Principal. The route form was completed and signed by the SGB members as well as by herself after the ratification was done by the SGB members. She kept on phoning Mrs. Fritz as she delayed in submitting the documents and she cannot say the process was procedurally and substantively unfair or flawed.
60. Under re-examination, the witness confirmed that applicants who cannot complete application forms are not competent for the position. Ms. Fritz delayed in submitting the selection documents but nothing changed in the nomination of the candidates. Anyone who applies for the position and not being recommended for appointment can be unhappy and that does not constitute unfairness. The SGB decided on consensus instead of scores. Mr. Stevens was the recommended candidate and this was also confirmed by Mrs. Smith who was the applicant’s witness.
61. The second witness Mrs. Carrol Geraldine Fritz testified as follows:
62. She was the SGB member who held the position of a secretary during the appointment of the Principal at GJ Louw Primary School. She was elected to serve in the SGB in 2018. Ms. Louskitter was part of the meeting that was held on 11 February 2020 until the 10th item of the agenda was discussed. All the members whose names appear in the attendance register were in attendance and they signed the attendance register. No apologies were noted nor received. The SGB members decided on consensus for the selection of the best candidate for the position.
63. During the interview, Mr. Rhagosigh was rated number1, Stevens number 2 the applicant was rated number 3. Until the panel spotted some discrepancy with regards to Mr. Rhagosigh CV, Mr. Stevens was then rated as number 1, the applicant number 2 and Mr. Rhagosigh was number 3. The recommendation for appointment of Mr. Stevens was made after Mr. Rhagosigh was moved to number 3 due to the misrepresentation which was spotted by the interview panel. She did sign the route form and after it was signed by other SGB members, she took it to Ms. Selana together with other documents. No one challenged the process.
64. Anyone is liable to make mistakes as she did with completing the route form but she rectified the mistake by completing it before it was signed. The mistake did not have a negative impact on shortlisting, interview or recommendation processes.
65. Under cross-examination by Mr. Cunningham, the witness testified as follows:
66. She was the SGB Secretary during the appointment of the Principal at GJ Louw Primary School. Ms. Selana contacted the applicant about the selection of the interview panel and she (the witness) was in turn advised by the applicant on 15 June 2020. She then phoned everyone who attended the meeting of 11 June 2020. She also phoned Misses. Solomons, Smith, Gotyana and Goliath and they all agreed to be in the interview panel. The school could not let new people in the school because of covid 19.
67. Ms. Selana suggested that the panel of interview be given a refresher training on interviews and shortlisting and this was done. The applicant told her that she does not want to be involved in the process as she had applied for the position. She (the witness) then sought assistance from the retired Principal, Mr. Erasmus in desperation.
68. The witness disputed emphatically that the applicant was ever recommended or nominated for the position of the principal. She phoned Ms. Solomon and Goliath and they never objected to serve on the SGB (pages 23 and 26). She does not know why Misses Solomon and Goliath wrote affidavits with the police as no one voiced out dissatisfaction about the process. No one was ever forced to sign the attendance register in respect of the meeting of 11 February 2020.
69. Ms. Smith did not attend the meeting which was held on 11 February 2020. All panelists were happy about the criteria set for selecting the best candidate.
70. Under cross-examination by Mr. Adams, the witness testified as follows:
71. No complaints were received from the NAPTOSA representative during the shortlisting process. He could not interfere with the process as he was an observer. She asked guidance from Mr. Erasmus, the former principal of GJ Louw Primary School to construct minutes of selection of the interview panel as there was no time to hold a meeting due to covid 19 virus restrictions. The school was not allowed to let outsiders in the school.
72. The witness admitted she was wrong by not conducting a proper meeting for the selection of the interview committee. It is not true that she brought an empty route form to be signed as she rectified it by completing it before it was signed.
73. Ms. Fritz confirmed the change of ranking of candidates i.e. Mr. Stevens as number 1 Ms. Louwskitter, number 2 and Mr. Rhagosigh as number 3 after the SGB realized misrepresentation in Mr. Rhagosigh’s CV (page 17). She confirmed the ratification as a true reflection of what occurred as Mr. Stevens was selected as the best candidate. Three members voted for Mr. Stevens and 3 other members voted for Ms. Louskitter. Only the selection of interview panel was flawed but the panel decided on the consensus.
74. Under re-examination by Mr. Eskock, the witness stated the following:
75. The applicant was never ranked as the number1 or best candidate for the position. The witness was referred to the invitation to the meeting, attendance register and ratification minutes which appear from pages 14 to page 17. Mr. Stevens was recommended as number 1 candidate after the SGB realized that Mr. Rhagosigh misrepresented facts in his CV. Ms. Louwskitter was then ranked as number 2 candidate. This is the true reflection of what transpired in the ratification meeting.
76. The witness confirmed phoning Mr. Erasmus, the former principal of GJ Louw Primary School for advice in relation to the election of the interview panel. She did make a mistake by forwarding a blank route form but she rectified that by completing it before it was signed by the panelists. The process of shortlisting, interview and ratification was procedural and substantively fair.
77. Under re-examination by Mr. Cunningham, the witness confirmed the following:
78. Candidates were recommended on consensus as follows; Mr. Stevens as number 1, Ms. Louwskitter, number 2 and Mr. Rhagosigh as number 3. It is correct that Mrs. Smith voted for Mr. Stevens at the ratification meeting. Misses Van Rensburg and Solomon were not part of the interview meeting.
79. In closing, Mr. Cunningham argued as follows:
80. Ms. Louwskitter was never ranked as the number 1 candidate as reflected in her referral document and as per her evidence and her witnesses. The applicant’s witnesses were unreliable and gave conflicting evidence. NAPTOSA’s efforts to contest signatories, route form and dates was a desperate effort to rescue a lost cause. Ms. Solomons and Goliath were rehearsed witnesses and Mr. Adams failed to prove that the minutes were flawed.
81. The fact that Ms. Selana signed the route form after it was signed by the SGB members who were part of the interview process proves that the process was authentic.
82. Mr. Cunningham finally argued that the applicant had failed to make out a case on unfair labour practice and that the 1st respondent cannot be compelled to set aside the appointment of the incumbent and as such the applicant’s case must be dismissed.
ANALYSIS OF EVIDENCE AND ARGUMENTS
83. The issues of common cause that relates to this matter are as follows:
• That the applicant applied for an advertised position of a Principal at GJ Louw Primary School.
• That the applicant was shortlisted and interviewed but was not appointed to the position.
• That the applicant meets the requirements of the position as per the advertisement.
• That the 2nd respondent, Mr Basil Stevens was recommended and appointed as the best candidate for the position.
• That the criteria of consensus was decided upon before the commencement of the interview process.
• That the interview panel spotted misrepresentation in Mr Rhagosigh’s CV during the ratification meeting.
• That Mr Rhagosigh, as a result of misrepresentation was moved from being candidate number 1 to candidate number 3.
84. While it is the applicant’s case that the selection process was unfairly conducted as she (the applicant) was advised by the EDO that she was the recommended candidate but was not appointed as the SGB ‘s recommendation took precedence, this evidence was disputed emphatically by Ms Selana, the EDO. Ms Selana’s undisputed evidence was that she advised the applicant to file a grievance when she (the applicant) voiced out her unhappiness of not being appointed to the position.
85. It must be noted that although the 2 applicant’s witnesses, Misses, Solomons and Goliath testified that 4 SGB members voted for the applicant, and 2 members voted for Mr Stevens, their evidence does not seem to be truthful as Ms Smith, one of the applicant’s witnesses testified that she voted for Mr Stevens. This means that both candidates were each voted by 3 members.
86. Again the 2 applicant’s witnesses also did not dispute that Mr. Stevens was rated as the number 1 candidate followed by the applicant after Mr Rhagosigh’s misrepresentation was spotted by the interview panel. This evidence was corroborated by the 1st respondent’s witnesses.
87. It is undisputed evidence that the 1st respondent’s witness, Mrs. Fritz conceded that the selection of the interview committee was not elected in a meeting as she personally contacted Misses, Smith, Goliath, Solomons and Gotyana to participate in the interview committee for the appointment of the Principal of GJ Louw.
88. Furthermore, one must note that although the election of the interview committee was not in compliance with the 1st respondent’s policy, the SGB members were approached/ consulted, and they agreed to participate in the panel for the selection process. Meaning that due to the circumstances of covid 19 restrictions of not allowing outsiders in the school premises, as alluded to by Ms Fritz, a round robin approach was done.
89. It is undisputed fact that none of the candidates were prejudiced by this approach, including the applicant.
90. It must also be noted that the entire SGB was trained and were even given a refresher training before the selection process was conducted so that they make informed decisions.
91. It must be noted furthermore that the shortlisting and interview processes were never challenged by the referring party. With regards to the ratification process, it appears that Mr. Stevens was rated as the number 1 candidate or the best candidate for the position.
92. It is my view that even if the appointment of the 2nd respondent could be set aside as it is the remedy sought by the applicant, there is no guarantee that the applicant’s rating will change as she was rated below Mr Stevens even from interview stage.
93. It appears from both parties’ evidence that the 1st respondent did follow a fair procedure when appointing the 2nd respondent for the position of a Principal at GJ Louw Primary School and did not exercise its prerogative in a biased, unfair, capricious and unjust manner in appointing Mr. Basil Stevens.
94. The applicant has failed to discharge the onus to prove the claim of unfair labour practice based on promotion by the 1st respondent.
AWARD
95. I therefore make the following award:
96. The non-promotion of the applicant, Ms. Sharon-Anne Louwskitter by the 1st respondent, the Department of Education- Eastern Cape was both procedurally and substantively fair.
97. The 1st respondent, Department of Education- Eastern Cape cannot be compelled to set aside Mr. Basil Steven’s appointment and or re- advertise the position of the Principal at GJ Louw Primary School.
98. The applicant, Ms Sharon-Anne Louwskitter, is not entitled to any relief.
99. The application is dismissed.
100. There is no order as to costs.
Ncumisa Bantwini
Arbitrator