MEC for Education, KwaZulu-Natal v Singh (1188/2021)
MEC for Education, KwaZulu-Natal v Singh (1188/2021) [2023] ZASCA 92; [2023] 9 BLLR 863 (SCA); (2023) 44 ILJ 2447 (SCA) (9 June 2023)
The Supreme Court of Appeal held that wrongfulness was not established in respect of the department's alleged omission to intervene in the workplace dispute between Ms Singh and the principal. The court found that the statutory and regulatory framework governing educators, including grievance and disciplinary procedures, provided adequate remedies for complaints of victimisation and psychiatric harm. Ms Singh failed to utilize these procedures, and her omission to do so precluded a finding of wrongfulness against the department. The employment relationship alone does not create a duty on the…
Source excerpt
- Wrongfulness Of Omission
- Constructive Dismissal
- Grievance Procedure
- Psychiatric Injury
- Employment Of Educators Act
- Liability For Psychological Harm