'Sex pest' headmaster wins labour court order for pay

A flurry of litigation has erupted over a dispute between the headmaster of a top Pietermaritzburg school and its governing body amid allegations that he is a “sex pest” and a “bully”.

The school governing body has, in correspondence, said it will do all in its power to get the KwaZulu-Natal education department to suspend the headmaster pending an investigation into his conduct. But so far it has failed to do that and in a recent judgment a Durban labour court judge found in his favour in his claim to be paid his full salary.

Judge Kelsey Allen-Yaman said the headmaster is employed by the department but also receives additional pay of about R38,000 for performing “additional services” from the governing body.

Evidence before her was that he went on sick leave in May.

When he indicated he was well enough to return, he was advised he was not permitted to have contact with the staff or governing body members.

An internal investigation concluded “there were certain tensions as a result of his style of leadership and some resistance to the changes he wanted to implement”.

He said that at a meeting in June he was instructed to resign by members of the governing body. He elected not to resign and instead reported the issue to the department.

The department informed the governing body it was not authorised to take disciplinary action against him. But when he returned to school, he was not welcomed back and the relationship between him and the governing body did not improve.

Its attorneys wrote to his attorneys, saying it would “continue to place as much pressure on the department as possible to suspend your client, pending the investigation into complaints against him”.

The governing body’s attorneys said he would no longer be required to perform extra duties and no longer receive the R38,000 payment.

The governing body argued in court the remuneration for extra services was a commercial agreement, which had been suspended because of allegations of misconduct.

But Allen-Yaman said this was wrong, legally and factually, and it disregarded his rights, as an employee, under the Basic Conditions of Employment Act.

She granted an interdict against the governing body from “unlawfully withholding” the payment for his extra duties and ordered the governing body to pay the costs of the application.

In another matter, pending before the Pietermaritzburg high court, papers are being exchanged in an application to compel the department to suspend him and initiate an inquiry into his conduct.

A further application was set down in the labour court seeking similar relief. TimesLIVE understands that matter did not proceed. But the affidavit by the chairperson of the governing body gives a snapshot of the allegations against the headmaster.

The chair said the “many allegations” of misconduct by staff and parents resulted in the school becoming “steeped in scandal”.

He said the headmaster had gone on “wellness” leave after being questioned about some of the allegations. Many others had come forward while he was on leave, resulting in a full investigation. And while the department promised to conduct a full investigation, there was no “visible progress” nor had disciplinary proceedings been instituted.

The chair said the headmaster is alleged to have verbally abused a young pupil with Asperger's autism, bullied another “disturbed” pupil, made inappropriate sexual comments to women staff members and behaved inappropriately on school outings where he drank alcohol and smoked.

He is also accused of bullying staff members, swearing at and abusing parents at a quiz evening and having caused or allowed irregular expenditure.

The governing body, in a letter to parents, has said the department would commence its investigation this week. Twenty-one complainants were expected to be interviewed.

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