CAPE TOWN - The Education Labour Relations Council (ELRC) has found the dismissal of Van Wyksdorp Primary School principal Danville Esau substantially fair, but procedurally unfair, and ordered the Western Cape Education Department (WCED) to pay him compensation.
Esau, employed as principal from July 2010, had been found guilty of misconduct charges including that around 2017, he misrepresented to the WCED that the school had paid 80% of the Grade R subsidy.
In truth the actual amount paid to the Grade R teacher was less than 80%, which resulted in an amount of R45 630.28 being unaccounted for.
He was also charged with misconduct for submitting incorrect pay sheets pertaining to the payment of the educator, and failure to take reasonable steps to prevent any financial maladministration or mismanagement.
He pleaded guilty to the charges and was dismissed in August 5 2019.
Esau however argued he was not given an opportunity to give his version and sought retrospective reinstatement, submitting that he discovered he made a big mistake by pleading guilty and never thought it would lead to his dismissal.
Esau said it was not his intention to mislead the WCED as the Grade R educator asked him to hold back money for tax and he was under pressure.
He also stated that he did not use the money for his personal gain and whenever funds were deposited in the school’s account it went into a negative amount.
The WCED submitted that after nine years as principal, he ought to have been able to manage the school’s finances better than to intentionally misrepresent and falsify documentation.
ELRC Panelist Gert van der Berg found it probable that Esau was guilty of the charges and that his dismissal was substantively fair.
Van der Berg however found the presiding officer in the matter had deviated from the disciplinary code procedure.
“He did not give the applicant an opportunity to state his reasons for pleading guilty as described in 14 (a) of the Disciplinary Code and Procedure.”
He noted that Esau had the potential to make a valuable contribution towards the delivery of quality primary education and had a lot to offer his community and teaching profession.
Esau was awarded one month’s compensation.
Esau on Monday maintained he did not take any money for himself.
“I told the WCED, if they did the handover on October 1, 2009 when I was the acting principal or 1 July 2010 when I was the appointed principal, they will notice the backlogs at Van Wyksdorp Primary. During 2016 and 2017 I was not myself. I lost my wife, who was the admin and financial officer at that specific time.”
WCED spokesperson Bronagh Hammond said the WCED would not take the matter on review.
Cape Times