WCED challenges decision to reinstate unfairly dismissed teacher

THE Western Cape Education Department (WCED) has spent more than R250 000 from the public purse in legal fees trying to overturn the decision to reinstate former Primrose Park Primary teacher Lee-Ann Snyders and pay her more than R360 000.

It will use more public funds to appeal a recent Labour Court decision which cleared Snyders’ name, having been initially found guilty on 14 charges of misconduct by a 2020 disciplinary hearing. The charges against Snyders brought in 2018, stemmed largely from a toxic rivalry between two Grade Five classes, a theme that came up repeatedly throughout the arbitration.

However she was vindicated when the decision was overturned when she challenged during arbitration. In June 2021, the WCED was ordered to reinstate her and back-pay her outstanding salary.

The department instead decided to challenge the outcome in court. It suffered a huge blow when Acting Labour Court Judge Veronique Barthus found that the arbitrator had thoroughly considered all the evidence. 

On the specifics of the allegations, court papers read: “The oral evidence relating to the (Snyders) smacking a learner was rejected because the learner was unable to explain the context around the incident, which rendered it improbable. Similarly, the evidence regarding a learner massaging the (Snyders) with wooden blocks- Mr Ward testified that it was a head massage. The arbitrator rejected this evidence, stating, “I can hardly imagine the applicant instructing a learner to bang wooden blocks against her head.” This was a reasonable assessment of the probabilities made by the Arbitrator."

The arbitrator noted “there was a propensity of the learners for not telling the truth”. 

The WCED said they applied for leave to appeal because they "strongly believe that the Labour court judgment did not properly consider the evidence of several learners who testified in the arbitration hearing".

“The judgment is being appealed in the interests of the learner victims who were mistreated, and in the interests and safety of all our learners,” said WCED spokesperson Bronagh Hammond.

According to Hammond, R263,982.50 in public funds had been spent on the case to date. 

Snyders said she felt she was being bullied to never return to work. 

“I think they are playing for time, hoping that I’ll be so scared that I won't want to work ever again. I’m deeply distressed by the allegations in the recent application for leave to appeal. I can't just go back to being a teacher and doing what I love. 

“The employer's actions appear to be retaliatory and by naming individuals, they are compromising safety. Notably, mediation was never offered. They’ve named learners, they’ve victimised me. Once again, they brought unfounded allegations which damaged my name. Arbitration has cleared me, the South African Council for Educators has cleared me, the Labour Court has cleared me. It’s terrible. This is financial wastage (of public funds); there's a bigger need out there, knowing they have dismissed someone unfairly. There’s no accountability. That is what is really disappointing,” she said.

Cape Times