Axed sports staff claim jobs were advertised before they left
Former school sports coordinators in the Western Cape allege unfair dismissal as they challenge the government's use of fixed-term contracts in arbitration proceedings.
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An employment dispute involving school sport coordinator posts in the Western Cape is heading to arbitration, raising questions about recruitment practices and the use of fixed-term contracts in government positions.
The matter that is currently before the General Public Service Sectoral Bargaining Council (GPSSBC), involves former employees who are challenging the circumstances surrounding the end of their employment earlier this year.
At the centre of the dispute are claims that some workers believed their jobs had become permanent after working in the department for an extended period.
Documents seen by Cape Argus sister publication, Daily Voice appear to indicate that probation had been successfully completed and that permanent employment had been confirmed.
However, the Western Cape Government’s Department of Cultural Affairs and Sport maintains that these positions were filled on fixed-term contracts that ended earlier this year.
Individuals familiar with the matter say this contradicts the documentation confirming permanent employment.
The arbitration process is expected to determine whether the employees were lawfully appointed on fixed-term contracts or whether the documents created an expectation of continued employment.
While the legal process continues, additional concerns have been raised about whether recruitment for similar school sport coordinator posts may already be underway.
Sources close to the matter claim interviews for these positions could be taking place despite the ongoing dispute and pending arbitration proceedings.
Questions have also been raised about the use of fixed-term contracts for the posts and under what circumstances such roles should be converted into permanent positions. Labour legislation generally limits the repeated use of fixed-term contracts unless an employer can provide valid reasons for doing so.
Former employees have also raised concerns about difficulties accessing unemployment benefits after their contracts ended, although it is unclear whether this relates to administrative issues or delays in processing claims.
Documents seen also show that the department advertised five School Sport Coordinator posts on three-year contracts under reference number CAS 36/2025.
The advertisement, which lists the same location and role currently at the centre of the dispute, was published before the contracts of the existing coordinators came to an end, raising further questions about the recruitment process.
The department has been approached for comment regarding the employment status of the coordinators, the use of fixed-term contracts, and whether recruitment for similar posts is currently taking place.
Western Cape Department of Cultural Affairs and Sport spokesperson Tania Colyn said the matter forms part of the dispute before the GPSSBC.
Colyn said: “As such, it would not be appropriate for the Department to comment on the interpretation of specific documentation in a media forum while the matter is being considered through the appropriate dispute resolution mechanisms.
The outcome of the arbitration will determine whether the contracts were lawful and whether the employees’ claims regarding their employment status have merit.