Court rules in favour of teacher wrongfully dismissed by WCED

The Western Cape Education Department has lost its bid to overturn a ruling that reinstated Lee-Ann Snyders, a teacher at Primrose Park Primary School, and ordered the repayment of over R360,000 following her wrongful dismissal.

Snyders, who had worked at the school since 2013, was fired after a 2019 disciplinary hearing found her guilty of misconduct based on accusations from a group of Grade 5 learners. However, she successfully appealed her dismissal through arbitration, resulting in the recent court decision.

She was accused by a group of Grade 5 learners of name-calling and using derogatory language and successfully turned to arbitration to have her dismissal overturned.

The arbitrator at the time found that the learners had fabricated allegations to have the teacher dismissed. Snyders taught the Grade 5B learners at the time, and the charges were based on complaints raised by learners in the Grade 5A class, taught by another teacher.

There was a rivalry between the two classes. The now former principal testified that the rivalry was toxic between the children and the teachers of the respective grades.

According to the arbitrator’s assessment of the evidence, the toxic rivalry which was referenced throughout the arbitration hearing underscores the charges against Snyders.

Turning to the Labour Court to overturn the findings of the arbitrator, the department raised a number of arguments, including that the arbitrator demonstrated bias against the learners by undermining their credibility.

The charges implicating Snyders for having a learner massage her back, instructing another to assault a learner, and using racial slurs which were found to be without merit at the disciplinary inquiry and was excluded at the arbitration.

The arbitrator inferred from this “that there was a propensity of the learners for not telling the truth”.

The department argued before the labour court that this comment is indicative of misconduct and bias. 

According to the arbitrator, Snyders should have been subjected to progressive discipline, coupled with a warning, instead of being fired.

The evidence relating to Snyders smacking a learner was rejected because the learner was unable to explain the context around the incident.

Judge Barthus noted that one learner testified that Snyders was a “nice teacher” and kind to the children. This learner confessed to lying at the disciplinary hearing about the teacher asking them questions of a pornographic nature.

The learner also confessed to fabricating the story about a beanbag being thrown at a learner. She said she lied because of peer pressure and testified that the group of learners who made the allegations collectively decided to tell lies about Snyders to have her “kicked out of the school”.

This learner’s mother testified that had she been aware of the lies fabricated against the teacher, she would have dealt with her daughter. She gave evidence about the character of Snyders and her competence as an educator.

In turning down the department’s review application, Judge Barthus said the arbitrator fully considered all the evidence and made findings on credibility and reliability when he ordered the department to reinstate her and pay her backpay.

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