THE Western Cape Education Department (WCED) has been ordered to reinstate and back pay more than R360 000 to a Primrose Park Primary School teacher that it fired.
Lee-Ann Snyders, who had been working at the school since 2013, lost her job in March last year, following a 2019 disciplinary hearing that found her guilty on 14 charges relating to misconduct.
She was accused by a group of Grade 5 pupils of name-calling and using derogatory language.
However, the arbitrator who favoured Snyders’ appeal last week pointed out that the group fabricated allegations in order for the teacher to be dismissed, as there were conflicting and changing stories, and that they apparently reported to another Grade 5 teacher, who they allegedly conspired with.
Snyders is expected to return to the school from June 20 and should receive R369 716 by no later than June 30.
Detailed in documents at the Education Labour Relations Council, a pupil testified that the teacher out of the blue, and during a history lesson, had asked a question in the class about who had seen their mother’s vagina and whether they were hairy.
“He had answered that he had, as he came out of it. He did not answer her follow up question as to whether it was hairy. The manner in which it was testified that it had allegedly come about is quite bizarre, to say the least.
“This alleged conduct is that of a person who has a propensity for such conduct and is thus contradicted by the testimony of these pupils themselves. This testimony does not support that in terms of which the (teacher) had uttered these words out of the blue during a history lesson. It does not place her in a classroom during a history lesson or any lesson for that matter. I am satisfied to hold that this is a fabrication by the pupil,” the arbitrator found.
It was also highlighted that the testimony was not corroborated by any other witness.
Another pupil also testified that Snyders had said he had rabies when his eczema flared up.
“He did not mention this at the disciplinary hearing and had told only his mother. He had not spoken to anyone else about that,” the arbitrator found.
Former principal Ricardo Ward testified that 80% of the pupils at the school were from Manenberg, an area in which prevailed socio economic problems and the school had behavioural challenges – with the pupils being defiant towards their teachers, and parental support at a low.
The arbitrator noted that other teachers, including the teacher who allegedly conspired with the pupils, received lesser sanctions on similar allegations.
“I have every reason to believe that (Snyders) is capable of serving and will serve that school very well. Further in this regard, the testimony of the principal too was that of the teacher being a compliant teacher. Furthermore, most of the pupils who had brought these allegations have left the school. The principal, Ward, has also left the school,” noted the arbitrator.
The WCED is expected to respond to questions today.