An Erika Primary School teacher in Mossel Bay who is out on bail has been dismissed after the Education Labour Relations Council (ELRC) found him guilty of sexual misconduct.
The teacher faces six charges. The allegations include lifting up a learner’s dress and apparently stating that he could do what he wanted.
He allegedly kissed another learner.
According to the ELRC decision, the implications of the employee’s bail conditions on the Inquiry process were dealt with after a panellist obtained guidance from the Mossel Bay Magistrate’s Court.
His conditions include that he makes no direct or indirect contact with State witnesses, is not to enter the school and only to enter Mossel Bay for court purposes.
In one of the testimonies, a learner said she was in the computer room when the teacher allegedly wanted to lift up her dress.
The learner told him he could not do that and “he said he can touch where he wants and do what he wants”.
Another learner claimed she was in class and one of the assistants sent her to rinse out a cup, which she did.
When the learner returned the teacher was alone and when she put the cup back he allegedly touched her private parts.
She told another teacher what happened and it was reported to the principal.
The teacher refuted the allegations and testified how the case was a strain on his emotions, especially the allegation of touching a learner’s private parts.
“In the light of the best interests of the child being paramount, no other sanction than dismissal would in any event have been appropriate, since the employee can as a result of his conduct no longer be entrusted with the emotional and physical safety and welfare of learners placed in his custody.
“No substantive motives could be found as to why the employer’s witnesses would fabricate their evidence and versions,” said ELRC panelist Alta Reynolds.
Western Cape Education Department (WCED) spokesperson Millicent Merton said the teacher’s last day of employment was on June 30 as the award was issued on that day stating he should be dismissed with immediate effect.
“The employee was found guilty of all six charges against him.
“The WCED welcomes the guilty finding and dismissal. We have a zero-tolerance stance in instances like these.
“The WCED suspended the employee as a precautionary measure on June 20, 2022. The employee was granted bail in the criminal matter.
The school social worker was requested to provide support to the learners,” said Merton.
Cape Times