WCED ordered to reinstate, back pay assault-accused schoolteacher

THE Western Cape Education Department (WCED) has been ordered to reinstate and back pay more than R250 000 to a De Rust Primary School teacher who was dismissed after being accused of assaulting a learner with a pipe.

The Education Labour Relations Council (ELRC) found the department’s action to be unfair on both procedural and substantive grounds and that teacher Lionel Damons tender his services not later than August 1 at either De Rust Primary School or any other suitable school in the district as assigned by the WCED.

The department was also ordered to pay Damons eight months back pay by the end of this month.

Damons had in March 2019 received notification of a disciplinary hearing to respond to three charges of misconduct – that he had allegedly on November 28, 2018, assaulted a Grade 7 learner by hitting him with a pipe, that he allegedly assaulted the learner by pushing him against the classroom desk and injuring his testicle, and allegedly instructed another learner to say the pupil fell and had bumped against the desk, in exchange for R100.

Damons pleaded not guilty to all three charges and was found guilty of the first charge, the wording of which in the notification of the disciplinary hearing stated that Damons allegedly had hit the learner with a pipe on his hands, but was later amended at the disciplinary hearing to exclude the reference to hands.

The ELRC last week found that the WCED’s two key learner witnesses were inconsistent, and that it would have assisted if the department’s representation had confirmed that Damons’ representation had received the changed charge.

“In his cross-examination Learner A testified that he was hit by a black pipe, whereas he had stated that he was hit by a red pipe in his evidence in chief.

“Learner B testified that on the day the (teacher) was not in the classroom but in the (principal’s) office and that they, including Learner A, were playing in the classroom with their friends, then when the applicant entered the classroom he hit them all with the red pipe and specifically hit Learner A three times on the arms, adding under re-examination that Learner A was also hit on the hand.

“Learner B testified further that Learner A bumped his testicles himself against the desk when he ran away after being hit and that the applicant did not hurt Learner A’s testicles.”

The teacher denied having hit the learner with the pipe, but admitted he had it in his hand and said he used it to point out the instructions on the blackboard.

The ELRC said the teacher had also acknowledged two past transgressions, with a plea bargain and fine for R3 000 with a final written warning valid for six months concluded just 15 days earlier, and showed remorse for those transgressions.

For Damons, advocate Stephan Lourens said his client was happy with the award and could go on with his life. WCED spokesperson Bronagh Hammond said: “The WCED is considering the judgment and whether to take the matter on review. No decision has been made as yet.”