SA: Dismissed Zimbabwean Lecturers Withdraw Labour Court Case
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Three engineering lecturers from Zimbabwe and Rwanda whose contracts were terminated by a college in South Africa withdrew their case against the college in the court on Tuesday, 14 March.
The lecturers, whose contracts were terminated in January by the Port Elizabeth TVET College, withdrew their case today after the College agreed in the Port Elizabeth Labour Court that it will not retrench them.
GroundUp reported that the fourth lecturer who was also dismissed, who is Zimbabwean, has not been appearing in court because he has another case pending with the college.
The four have been lecturing in engineering for several years.
On 12 January 2023, the college management wrote letters to the lecturers informing them that their services would be terminated on 1 February.
They approached the Labour Court which granted a provisional interdict in February setting aside the termination of their employment.
Lawyers representing Port Elizabeth TVET College then asked the lecturers to withdraw their case, but they refused.
Sangolinye Ngqungwana, a lecturer at the same college and shop steward for the National Union of Public Service and Allied Workers (NUPSAW), said the college had now sent the court an affidavit. Said Ngqungwana:
That changes the ball game completely. With the affidavit we have proof of them confirming under oath that they are not going to retrench. For that reason, we decided to withdraw the case.
Deputy Principal Dorian Baartzes said the affidavit was to notify the court that the college was not opposing the case brought by the lecturers and had complied with the interdict.
Baartzes said they will comply with the Labour Regulations Act if it embarked on any retrenchment process.
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