The Labour Court has ordered that the teacher who took the photo showing racial segregation at Laerskool Schweizer-Reneke, should be reinstated.
Elana Barkhuizen has been told by the court to return to work immediately as her suspension was unlawful.
Barkhuizen was suspended after an image that she captured went viral, showing black and white pupils seated at separate tables in a grade R classroom.
No action has yet been taken against her colleague who was in charge of that class, reports EWN's Thando Kubheka.
Last week, trade union Solidarity approached the court on an urgent basis over the suspension of the North West primary school teacher.
Judge Connie Prinsloo said Barkhuizen's suspension did not follow the correct labour processes and she was never afforded the opportunity to defend herself.
The court found that Barkhuizen was unlawfully suspended. She was not given enough time to present herself. Proper labour processes were not followed.— Thando Kubheka, EWN reporter
Solidarity says it will be meeting with the school governing body to discuss Barkhuizen’s return to school, Kubheka reports.
Listen to the EWN update on The Xolani Gwala Show:
This article first appeared on CapeTalk : Suspended Schweizer-Reneke teacher must return to work, court rules