Teachers challenge Western Cape Education Department in court over job losses

Teachers who lost their jobs amid the cut of 2 407 posts across the province continue to legally challenge the Western Cape Education Department (WCED), turning to the Education Labour Relations Council (ELRC) for reinstatement. 

In the most recent case, a teacher instituted proceedings for alleged unfair dismissal after his fixed term contract was not renewed in January 2025.

According to the teacher, who represented himself, his principal applied for conversion of his post to permanent, but he was not successful.

He phoned her on January 9, to ask whether he must report for duty five days later, as there might be a position for him.

But despite hopes for a growth post in 2025, the applicant was notified that their contract would expire and there is no position for him. 

Another teacher, in Kuils River, was also unsuccessful earlier this month at challenging the decision not to convert his post into a permanent post. 

The teacher was employed in 2021 to teach IsiXhosa, Life Science and Social Sciences, and testified that at the end of 2024, along with three other teachers at the school, lodged a grievance after their posts were not converted. 

The matters arose following the WCEDs announcement in August last year that more than 2 400 teaching jobs would be cut after the department received only 64% of the cost of the nationally negotiated wage agreement from the government, leaving the province to fund the remaining 36%.

WCED spokesperson, Bronagh Hammond, on Wednesday said that although there was a decrease in 2 407 posts, 74 % of teachers who were on contract were reemployed and the department saw thousands leaving their posts for various personal and professional reasons.

“The decrease of 2 407 posts did not mean that 2 407 teachers lost their jobs.

“Permanently employed educators declared in excess of the school’s establishment have remained employed permanently and are still gainfully employed at their school until they have been absorbed into vacancies at other schools, if they have not yet done so already.

“Teachers, employed on contract, and whose contract has expired, have the right to also apply for vacancies. 

“Approximately 74% of our teachers on contract have been reemployed back into the system through vacancies.

“Some educators have left the system allowing for vacancies in the two categories above. 

“Around 2 100 teachers leave our system each year, for reasons such as relocation or resignation, so there are vacancies that open up for excess permanent teachers to move to, or for contract teachers to apply for.”

Hammond said in response to the recent arbitration matter, that the teacher was not cited for a continuation of his contract.

“The WCED notes the award decision by the arbitrator that the procedures by the WCED were procedurally and substantively fair.

"The applicant was given notice of the expiry of his contract and there were no expectations created by the WCED that it would be renewed.”

Basil Manuel, executive director of the National Professional Teachers Organisation of South Africa (Naptosa) said the reality was that the reduction of teaching staff did impact the classroom environment and they were part of many successful arbitration matters involving employment.

“The cuts have happened,” said Manuel.

“As expected teachers are worse off because of the cuts. Bigger classes etc. 

“We are representing a number of members in arbitrations. 

"Many were successfully dealt with because the proof that these teachers qualified for permanent appointment was self-evident. 

"The hearings now are where the claim to appointment is being disputed by the WCED,” said Manuel. 

Education MEC David Maynier told the legislature earlier this month that the projected new budget for the 2025/26 financial year will see R33.259 billion spent on Education - a 5.9% increase compared to last year’s budget, and the largest departmental budget in the Western Cape.

He added this would tackle issues such as ensuring departmental stability.

Maynier said the department would spend R113.5 million on funding school assistants through the Basic Education Employment Initiative (BEEI), which will provide valuable job opportunities for 4 370 young people between the ages of 18 and 34 for six months, to gain experience and skills that will help kickstart their careers.

He said these assistants will be helping teachers in the classroom as Reading Champions, curriculum assistants, eLearning support and care and support assistants for special needs schools.

“Around 2 100 posts open up each year due to resignations and relocations, so there are more opportunities opening up for teachers to apply for,” Maynier said. 

Cape Argus