Foreign lecturers awarded R774k in back pay after dismissals declared unfair

Three foreign lecturers whose contracts were terminated allegedly because they had not complied with the requirements of the department of home affairs have won the case against their employer after their dismissals were declared unfair.

The Education Labour Relations Council (ELRC) also ordered South West Gauteng TEVT College to pay them almost R800,000 in back pay for the months they had stayed at home after being dismissed. The order states they must be paid before the end of the month.

Ivy Ncube, Andile Ncube and Tsungai Shumba approached the ELCR to challenge their dismissals.

Ivy Ncube said she had been working for the college for 15 years, and her understanding was that she was permanently employed and was being paid by the department of higher education and training. On December 31 2025 she received a letter stating her contract would expire on December 31 2025. After she was given the letter, she could not report to the college, she said.

She testified that she had not seen any circular or communication which said foreigners should not be employed.

Lecturer Andile Ncube said she had worked for the college since 2010 and her contract was amended to permanent in 2025. She said the college assisted her with applications to the department of home affairs and these were successful. However, on December 11 2025 the college informed her that her contract would be expiring. She said a meeting was held where they were told to stop coming to work and that they would be called. Other employees were called back but she was not, she said.

Shumba testified that she had worked at the college since 2014 and her contract had been amended from contract to permanent. Just like the others, she was also told in December that her contract had expired.

In his testimony, the college’s Andre Schlemmer said Shumba was on temporary employment. He said her Zimbabwean exemption permit (ZEP) had expired on November 27 2025. He said home affairs requested that they complete a temporary employment form to extend her contract, he said.

Schlemmer said the three lecturers were never employed permanently.

He said he was not familiar with the ZEP processes and the college could not employ the three on a permanent basis even if they could help them with their visa applications.

Schlemmer said they had not complied with the requirements contained in a letter from home affairs, while those who had were employed permanently.

In his verdict, commissioner Thabo Mathibedi said there was no evidence to substantiate the college’s claim that the three women were on fixed-term contracts.

“I find the applicants were dismissed. The applicants conceded they were aware that they needed to comply with the requirements by submitting proof of their permanent residency and identity documents before amendments could be finalised.

“This was confirmed by the college’s witness. This, in my view, is a suspensive condition. Therefore, it cannot be that the applicants were employed permanently without complying with the requirements as stated above. Based on the evidence before me, their employment would be confirmed as permanent after complying with the necessary requirements.”

Mathibedi said he did not have powers or jurisdiction to reinstate them beyond what they have agreed to with the college.

“Particularly noting the applicants are foreign nationals, certain requirements by home affairs must be complied with before finalisation of their permanent employment. I am of the view the applicants’ right to work is limited by expiry of their current work permits or compliance with the necessary process.

“I therefore find the dismissal of the applicants to be procedurally and substantively unfair,” he said.

“The respondent (college) is ordered to retrospectively reinstate Ivy Ncube, Andile Ncube and Tsungai Shumba effective from August 12 2026.”

He also ordered that they be paid for the eight months they had stayed at home after their contracts were terminated.

Ivy Ncube will get R350,056, Andile Ncube R185,000, and Shumba R239,112.

Sowetan