No reinstatement for axed teacher who ‘dragged mentally challenged pupil’, but he gets two months’ salary

The dismissal earlier this year of a teacher who dragged a struggling mentally challenged pupil “quite some distance” along the corridors of a special needs school in Gqeberha has been found to be substantively fair but procedurally unfair.

The male teacher was dismissed in May for committing serious misconduct against the minor — according to the charges at a disciplinary hearing — during the incident on March 9 which left the girl traumatised.

He challenged the sanction imposed by the Eastern Cape education department — seeking retrospective reinstatement — at an arbitration hearing earlier this month by the Education Labour Relations Council (ELRC).

The council heard it was common cause the teacher dragged the learner from one corridor to another by her arm, but said he had “done this to protect the learner and had her best interests at heart as she was on her way to a scheduled fight”. He said that as he was leading her to class she “started jumping” and “was out of control”, so he dragged her.

The education department argued, however, that he did not provide any evidence of the alleged fight to support his statement.

The incident was captured on CCTV footage that was recorded and stored on a device in the principal's office. The principal testified that staff were aware of the cameras which had been in operation for five years. He had never in 35 years witnessed a pupil being treated in such a “hard-handed manner”.

The disabled pupil, referred to in the ruling as “Learner A”, testified about being reprimanded by the teacher to go into his classroom. She told him she did not want to go, but later complied and went to his classroom.

She was told at break time she could not leave his classroom, but did so anyway. He then dragged her back, and she asked teachers for help. She became emotional during cross-questioning and had to be settled by an intermediary.

The principal said the CCTV footage showed the pupil being dragged down corridors while she battled against him.

A chief education specialist in employee relations with the department, a presiding officer in the earlier disciplinary hearing, told the council that though the teacher had represented himself after struggling to get legal representation, all the evidence and footage was taken into consideration.

“This was a special needs learner and [the teacher] had no remorse. The learner arrived at the disciplinary hearing, but could not say anything due to trauma,” she said.

In its ruling the council said: “It is common cause that learner discipline has become a big challenge in schools, however, an educator must still act in a professional manner and in the best interest of the learner.

“The prohibition against corporal punishment and other forms of assault/abuse on learners is a well-established and publicised rule. Its purpose is to prevent the inhuman and undignified treatment of learners. The [teacher] is aware of these rules and standards and ... by his actions has contravened these rules and standards. I therefore find [him] guilty of the charges laid against him [serious misconduct for assaulting a pupil].”

However, the council found the procedure leading to the dismissal was procedurally unfair.

Under the circumstances the council ruled that he be awarded two months’ salary as compensation totalling R45,636.

“The department of education — Eastern Cape — is to pay the amount by no later than November 30,” read the ruling.

Names have been redacted to protect the identity of the minor