Court dismisses WCED's application for leave to appeal former teacher's reinstatement

WHAT started as an ill-conceived review application has taken the form of litigation-by-attrition, remarked Acting Labour Court judge, Veronique Barthus when turning down the Western Cape Education Department’s (WCED) latest attempt to challenge a ruling that ordered the reinstatement and back-pay of a former Primrose Park Primary teacher.

“I am not persuaded that the applicant has made out a case for leave to appeal. The application for leave to appeal is dismissed,” said Judge Barthus.

The WCED had sought leave to appeal a judgment handed down last month, which dismissed its attempt to overturn an earlier arbitration award in favour of teacher Lee-ann Snyders.

Judge Barthus had, in her previous ruling, found that on the strength of the evidence placed before the arbitrator, his decision fell within the band of reasonableness. She therefore dismissed the WCED’s initial application for review.

The teacher who was dismissed on several charges of misconduct by a 2020 disciplinary process had turned to arbitration to challenge her dismissal and succeeded.

The arbitrator had rejected evidence by the pupils and found that "there was a propensity of the learners for not telling the truth” concerning the allegations that led to Snyders being removed from her post.

She had taught at the primary school for several years when a bitter rivalry between the Grade 5A and 5B classes culminated in several charges being brought against her in 2018, ultimately leading to her dismissal.

In its leave to appeal, the WCED had largely “rehashed its submissions” and failed to show that there was a reasonable prospect that another court would reach a different conclusion, said Judge Barthus.

“The applicant continues to skirt several pertinent issues, namely the toxic rivalry between the Grade 5A and 5B classes (which is common cause), the fact that Ms Abrahams encouraged learners to raise complaints against Ms Snyders, and the fact that learners were coerced into compliance with a false narrative by a bully among them. These issues were dealt with fully in my judgment.

“The application for leave to appeal, therefore, falls to be dismissed,” the court found.

However, the WCED still maintained its earlier position in response to the court ruling yesterday.

“The WCED strongly believes 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.

Speaking to the Cape Times, Snyders said: “I am very relieved, justice was served. I have a renewed faith in our justice system. If it is indeed coming to an end, I'm elated about everything. I am ready to get back to teaching and give it my best. There are avenues for people who have little to no income; there are legal avenues, a way forward for anyone. There are institutions that would consider helping you, like Legal Aid in my case.”

Cape Times