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Trade union Solidarity announced today that Arlene Nel, a former maths and science teacher at Hoërskool Kakamas, received compensation after her dismissal for refusing to tamper with the marks of the principal’s son to ensure that he passed. Two weeks ago, Solidarity requested the Department of Education in a warning letter that Nel should receive her compensation within two weeks.
Moira-Marie Kloppers, Solidarity spokesperson, said that the trade union had earlier threatened to approach the Labour Court if Nel did not receive her compensation within two weeks. ‘We are delighted that Nel received her compensation as this sends a strong message that employers who want to punish their employees for honest behaviour will not be tolerated. Our member acted correctly by refusing to alter the boy's marks and the ruling by the Education Labour Relations Council (ELRC) that her dismissal was unlawful and the subsequent compensation she received, confirms this.’
The ELRC ruled in May this year that Nel should receive compensation since a reasonable expectation had been created that her contract would be renewed. Nel was an employee of Hoërskool Kakamas since January 2012, teaching maths and science to learners in Grades 10 to 12. In January 2013, after the December holidays, she was informed by the principal via an SMS that her services at the school had become redundant. She was pregnant at the time. Her dismissal followed shortly after the principal had asked her to adjust his Grade 11 son’s marks for Life Sciences (Biology) so he could pass. Nel refused because the learner’s marks were well below the minimum percentage required to pass the subject and teachers were not allowed to adjust marks arbitrarily. Moreover, the learner had failed in two other subjects as well.
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