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Arbitrator orders education department to correct unfair TVET college promotion
Photo: TimesLIVE
2026-07-15 08:16   Justice   12

Arbitrator orders education department to correct unfair TVET college promotion

An education labour relations council (ELRC) arbitrator has ordered the Department of Higher Education and Training to promote Bernedette Naicker to a senior lecturer position at Esayidi TVET College after finding the recruitment process was riddled with procedural irregularities, bias, and dishonesty.The arbitrator, Mandlakhe Khawula, ruled that the department had committed an unfair labour practice by appointing Albert Mbotho instead of Naicker.

Key findings included manipulated interview scores, conflicts of interest among recruitment panel members, and Mbotho's failure to disclose a 2006 driving under influence conviction.Naicker, who has 13 years of NCV teaching experience and a 100% pass rate, argued the process was designed to favour Mbotho from the outset.The arbitration, which spanned 16 hearing days, found the interview scoring lacked objectivity and was characterised by systemic manipulation.The department is now required to pay Naicker the salary difference and backdated benefits by July 30.The case highlights deep-seated issues in public sector recruitment processes and the need for transparency and accountability.

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