Teacher from KwaZulu-Natal loses salary lawsuit after dismissal for document falsification

A former teacher from KwaZulu-Natal, Kalivan Govender, was unable to secure payment of her due salary of 40,000 rand, as well as a birthday bonus. This occurred after the Education Labour Relations Council (ELRC) ruled that her dismissal, which was processed due to the submission of forged qualification documents, legally terminated her employment relationship.

Reasons for Dismissal and Appeal

The case began with a disciplinary hearing in January 2025, which found Govender guilty of a serious offense—submitting a fake qualification certificate. In an attempt to overturn this decision, Govender filed an appeal with the KwaZulu-Natal Department of Education Minister's office (MEC). This appeal request was rejected in January 2026, officially confirming her dismissal.

Administrative Error

However, due to a communication failure between the MEC's office and the department's human resources division, the regional office in Pinetown never received notification of the appeal results. Consequently, Govender continued to work and received full pay for January, February, and March 2026, despite her dismissal being confirmed.

The situation was identified by Musavenkosi Dlamini, an investigator in the department's fraud and ethics unit. Upon discovering the error, Dlamini ordered in April 2026 to freeze Govender's profile at the Pinetown branch and immediately cease any further salary payments.

Filing a Lawsuit with the ELRC

When the scheduled payday of April 15, 2026, arrived, Govender did not receive her funds. The next day, she left the school and did not return. She then approached the ELRC with a claim alleging a breach of labour law, demanding payment for April's salary and a birthday bonus.

During the arbitration, Govender claimed she only learned about the failure of her appeal in June 2026. She insisted that since she continued working until mid-April, she was entitled to payment for services rendered. Furthermore, she pointed out that receiving official electronic payslips confirmed her status as a departmental employee.

Department's Position and Commission's Ruling

The department, on the other hand, argued that payments made after the dismissal was confirmed were a result of administrative error. It also stated that it had already initiated the process to recover the amounts erroneously paid to Govender for February and March 2026.

In its ruling, Commissioner Shezi accepted the department's explanation that the continuation of payments was solely due to the untimely execution of the appeal decision. She determined that Govender's employment relationship legally ended at the moment the MEC confirmed her dismissal, meaning there was no legal basis for her to continue working or receiving remuneration. The Commissioner also ruled that the department acted lawfully by stopping payments as soon as the finality of the dismissal became known.

Ultimately, the ELRC concluded that Govender failed to prove that the department violated labour law by withholding her April 2026 salary, and completely dismissed her application.

iol.co.zaJuly 10, 09:00

Teacher from KwaZulu-Natal loses right to salary payment after dismissal due to qualification falsification

The attempt by a former teacher from KwaZulu-Natal to secure unpaid wages ended unsuccessfully after it was established that she no longer had the right to remuneration, as her dismissal was confirmed on appeal.

Decision of the Labour Relations Council

The Commissioner of the Education Labour Relations Council (ELRC), Nolundi Shezi, dismissed a claim of unfair labour practice filed by Kalivan Govender against the KwaZulu-Natal Department of Education. The Commissioner ruled that she lacked a legal right to receive a salary following the official termination of her employment contract.

Reasons for the Dispute

The roots of the disagreement trace back to January 2025, when the department dismissed Govender following a disciplinary hearing. The hearing found her guilty of a serious misconduct related to providing a forged qualification certificate. Govender attempted to overturn this decision by lodging a formal appeal with the office of the Minister of Education of KwaZulu-Natal (MEC).

Dismissal Process and Errors

However, the MEC rejected Govender's appeal and upheld her dismissal in January 2026. Due to a communication failure between the MEC's office and the provincial department's human resources division, the Pinetown district never received notification of the final decision. Despite the dismissal, Govender continued to report to work and received full pay for January, February, and March 2026.

Suspension of Payments and Dispute

The department's administrative oversight suddenly halted when Musavencosi Dlamini, an internal investigator for the department's fraud and ethics unit, intercepted the MEC's order from January. Discovering a documentation error, Dlamini issued an urgent directive in April 2026 to the Pinetown district to freeze Govender's profile and immediately cease processing any further state funds. Consequently, when the standard payday in the province arrived on April 15, 2026, Govender received no payments. The next day, she left the school and did not return, later filing a claim with the ELRC for unfair labour practice and demanding April's remuneration along with a birthday bonus.

Arguments of the Parties in Court

During the hearing, Govender argued that she only learned of her appeal's failure in June 2026, insisting that she deserved compensation for providing direct service to the school until mid-April. She also pointed out that receiving official digital payslips proved her continuous employment. Nevertheless, the department countered, asserting that the earnings after dismissal were solely the result of a standard administrative error, and confirmed that internal mechanisms were already in place to recover and reimburse the erroneously paid salaries for February and March.

Commission's Conclusion

In its final analysis of the evidence, Commissioner Shezi accepted the department's explanation that the payments for February and March resulted from administrative oversight after the appeal outcome was not promptly implemented. Since Govender's employment relationship had already been terminated upon confirmation of her dismissal, the Commissioner concluded that she had no legal right to continue providing services or receiving remuneration. Commissioner Shezi found that the department had a valid reason to stop payments once the finality of her dismissal became known. Ultimately, the ELRC ruled that Govender failed to prove that the department committed unfair labour practice by withholding her April 2026 salary, and completely dismissed her application.