Mogola and Another v Head of the Department: Department of Education NO (JR2987/2010) [2011] ZALCJHB 100; [2012] 6 BLLR 584 (LC); (2012) 33 ILJ 1203 (LC) (17 November 2011)

Mogola and Another v Head of the Department: Department of Education NO (JR2987/2010) [2011] ZALCJHB 100; [2012] 6 BLLR 584 (LC); (2012) 33 ILJ 1203 (LC) (17 November 2011)

The court held that section 14(1) of the Employment of Educators Act creates an automatic termination of employment for educators absent for more than 14 consecutive days without permission. However, the employer retains a discretion to direct otherwise, which must be exercised lawfully and fairly. In this case, the applicants were absent without permission, and the respondent's decision to deem their employment terminated was consistent with the statutory provision. The applicants failed to provide sufficient justification for their absence, and the respondent was not obliged to follow additional procedures beyond those required by the Act. The review was dismissed as the termination was...

Citation
[2011] ZALCJHB 100
Parties
Applicant: MOGOLA MJ; Applicant: MOGOLA SD; Respondent: HEAD OF THE DEPARTMENT: THE DEPARTMENT OF EDUCATION N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2011
Case Number
JR2987/2010
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; termination of employment confirmed.
Legal Topics
Employment of Educators Act, Automatic Termination, Review of Administrative Action
Labour Law Employment of Educators Act Automatic Termination Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

MOGOLA MJ

Applicant

MOGOLA SD

Applicant

HEAD OF THE DEPARTMENT: THE DEPARTMENT OF EDUCATION N.O

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' employment was lawfully deemed terminated under section 14(1) of the Employment of Educators Act.
  2. 2 Whether the respondent's decision to terminate was reviewable under administrative law principles.
  3. 3 Whether the applicants were absent without permission as contemplated by the Act.

Ratio Decidendi

The court held that section 14(1) of the Employment of Educators Act creates an automatic termination of employment for educators absent for more than 14 consecutive days without permission. However, the employer retains a discretion to direct otherwise, which must be exercised lawfully and fairly. In this case, the applicants were absent without permission, and the respondent's decision to deem their employment terminated was consistent with the statutory provision. The applicants failed to provide sufficient justification for their absence, and the respondent was not obliged to follow additional procedures beyond those required by the Act. The review was dismissed as the termination was...

Court Disposition

Application for review dismissed; termination of employment confirmed.

Orders

  • The application for review is dismissed.
  • The termination of the applicants' employment is confirmed.