Teacher reinstated with R410,000 back pay after unfair dismissal ruling

KZN Department of Education ordered to reinstate teacher and pay R410,000 after unfair dismissal.

After being dismissed on health grounds, a teacher won a ruling from the Education Labour Relations Council (ELRC), leading to his reinstatement and over R410,000 in back pay

The KwaZulu-Natal Department of Basic Education has been ordered to reinstate S Sibiya with back pay after the ELRC found that his dismissal on the grounds of ill health was both substantively and procedurally unfair.

The commissioner ruled in favour of S Sibiya, who challenged the department's decision to terminate his employment after he was declared permanently incapacitated due to ill health.

Sibiya had been employed as an educator by the KwaZulu-Natal Department of Basic Education and was dismissed on 16 April 2025 following a process that concluded he was permanently incapable of performing his duties because of health-related issues.