Teacher fired for allegedly ‘kissing and grabbing pupil’s buttocks’ reinstated

A teacher fired for allegedly kissing and grabbing a pupil’s buttocks heaved a sigh of relief after the Education Labour Relations Council overturned the decision.

The teacher did not only get his job back, the KwaZulu-Natal education department has been ordered to pay him more than R600,000 for the 19 months he has been at home.

The teacher, who cannot be named to protect the pupil, was the grade 9 head of the department (HOD). His woes started after he confronted one of his colleagues for mocking a girl he had assigned to collect statistics from “each class every day”.

According to the ruling, the colleague had ridiculed the pupil in front of others and said “she could not count”. The HOD testified that the teacher agreed to apologise to the pupil.

“He further testified that he called [the pupil] into his office to tell her that the [teacher] had agreed to apologise. He went on to state that [the pupil] was teary and emotional. He gave her a hug and told her that the [teacher] would never mock her again,” the ruling reads.

“He stated that the following day he was told to see the manager and that the manager verbally put him on precautionary suspension. He said that he only received the formal suspension letter four months after he was suspended.”

The HOD’s salary was stopped in August 2021. He testified he received a letter terminating his contract on September 16 2021.

“Under cross-examination, [the HOD] stated that a hug is not intimate but can be depending on the kind of hug and the nature of the hug,” the ruling reads.

“He disputed that he kissed [the pupil] and grabbed her buttocks. He stated that it was possible that someone who he is not on good terms [with] influenced [the pupil] to lie. He continued to state that he is a politician and had many enemies.”

The HOD denied he was a sexual predator.

“He further disputed that he bribed [the pupil’s] family by apologising to them. He said he is not aware where the family resides.”

The education department did not bring witnesses to the arbitration. Instead of proving that the HOD’s dismissal was fair, the department “asked questions to challenge the evidence tendered by” the HOD.

“The [HOD] gave evidence in defence of the allegations. His version was clearly given. He was able to respond to the questions raised against him. His evidence can be described as probably true. In this regards the evidentiary burden that was on the [education department] is toppled by [HOD’s] evidence,” the ruling reads.

“I find that the [education department] has failed to demonstrate that the dismissal was substantially fair.”

The arbitrator, Ntombizonke Mbili, found that the HOD’s dismissal was “substantively unfair”. Mbili ordered the department to reinstate the HOD to his position by April 10 and pay him R602,300 for the 19 months he has been fighting to get his job back by no later than April 28.

" I have not been given any evidence to demonstrate that the working relationship has been rendered intolerable,” said Mbili.

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