Teacher sues employer for termination of salary

Goitsemodimo Kaelo | Wednesday October 25, 2017 13:56

 

Ellen Morula, who holds a senior teacher position has taken the government to court after her salary, medical aid contributions and pensions were stopped in July 2017 on allegations that she refused a command from Regional Director-central, Sonny Mooketsi to transfer to Swaneng Hill School in January 2015.

Morula is contesting the decision by the employer to stop her salary and benefits without according her disciplinary hearing.

Morula wants the court to declare that her salary and benefits were unlawfully withheld; that the employer violated the Employment Act and the court to force the employer to pay her all her arrear salaries from July 27, 2017 to the date the order is made.

In her founding affidavit filed at the High Court court, Morula through her attorney, Uyapo Ndadi states that although the employer has terminated her salary and benefits for three months, she continues to discharge her functions as a teacher as she is allocated classes by the school management.

She argues that the employer in terms of section 40 of the Public Service Act could only stop payment as a punishment following a disciplinary hearing. She further says that, she is suffering financial prejudice and embarrassment.

“I submit that no disciplinary hearing has ever taken place against me prior to the termination of payment of my salary and benefits. The DPSM has a legal duty to pay me monthly salaries and failure to do is in violation of the employment Act,” Morula said.

According to a statement of facts filed in court upon which the claim is based, the issue emanated in July 2014 after she put a request for transfer to Swaneng Hill School. At the time, Morula had arranged swapping with three other teachers at Swaneng and Lotsane. The plan was for the transfers to be effected in January 2015.

However, the claimant fell ill in December 2015 and wrote to terminate the arrangement. It is said that despite her notifying the other teachers as agreed with the Chief Education Officer, the Regional Director wrote her a letter instructing her to go to Swaneng.

It is stated that when she got to Swaneng, the school head told her they have nowhere to accommodate her and that they have replaced the teacher who left to Lotsane Senior School. It is at that time that the claimant then went back to Madiba and continued to teach before her salary and benefits were later terminated.

A date of hearing has not been set but the matter is before Lobatse High Court judge, Michael Leburu.