The teacher sought an order to have her departure declared as an unfair dismissal.
A Northern Cape teacher who resigned from her job, alleging hostile working conditions, has failed in her attempt to return to work after the Education Labour Relations Council (ELRC) ruled that her resignation was voluntary.
Petronella Johnson resigned from her post at Deben Primary School in Kathu on 23 January 2023.
She later approached the ELRC, seeking to have her departure declared as an unfair dismissal and requesting 12 months’ compensation.
Northern Cape teacher alleges unfair treatment
During the arbitration hearings, Johnson told the ELRC that although she got along with most colleagues and pupils, three staff members — deputy principal Jennifer Louw, Mr Locky and Ms Wagenaar — made her working environment “intolerable”.
She claimed Mr Locky twice locked her inside the school premises after hours, forcing her to seek help on one occasion and to break the lock on another.
She reported the incidents to the school’s principal, Aobakwe Sebolai, who raised the matter at a staff meeting, but no action was taken.
Johnson also alleged that parents were removing their children from her class, and that she was accused of absenteeism and poor performance.
After a school management team meeting about these issues, she immediately returned to her classroom, collected her belongings and resigned, citing mistrust and infighting.
She maintained that she was never informed of the specific reasons behind the parents’ dissatisfaction, and that Sebolai warned that her position could be lost if the complaints were not resolved.
She claimed she would not have left if the incidents had not occurred.
She later acknowledged under cross-examination that Seboali addressed the problems, and conceded it was her choice not to follow formal grievance procedures.
School principal responds
Sebolai, however, testified that Johnson had never submitted any formal or informal grievance prior to her resignation.
He said he had once received a complaint from a colleague about Johnson, but confirmed that the matter had been resolved.
Regarding the incident where Johnson was locked inside the school, Sebolai said the issue was addressed in a staff meeting, and teachers were reminded to inform colleagues who remained on the premises after hours before the gates were locked.
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Regarding parental complaints, Sebolai confirmed that some parents had threatened to withdraw their children from the school.
While the school disagreed with their concerns, Johnson was advised to improve her performance.
He added that another educator, Mr Thys, was also told to “pull up his socks”.
Sebolai told the council he and Louw received Johnson’s resignation shortly after the meeting and that her decision came as a shock.
Arbitration ruling
ELRC arbitrator Selolong Mosoma noted Johnson carried the responsibility of proving that she had been constructively dismissed.
He accepted evidence from the department, which was uncontested, that Locky was responsible for locking the gates daily as part of routine practice.
It was also undisputed that the school had three gates, and that it was possible Locky did not notice Johnson’s vehicle when the gate was locked.
“Again, the applicant conceded that she was teaching foundation phase and Mr Locky was teaching senior phase, and they do not have any direct contact except to say she was teaching Mr Locky’s child.
“It makes no sense at all that such an issue can make the working conditions intolerable for her,” Mosoma said.
The arbitrator found no proof that Johnson had been targeted or punished unfairly.
“There was no evidence of singling her out or punishment.”
Mosoma also highlighted that Johnson resigned without first lodging a grievance and failed to explain why she did not pursue internal remedies.
“It is my considered view that the applicant’s resignation was not justified under the circumstances or as a result of intolerable working conditions.
“The question is whether the applicant had no other choice but to resign; the answer is a big no.”
The council ultimately ruled that Johnson “resigned out of her own volition” and dismissed her claim.
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