Teacher's dismissal upheld after learner assault ruling
Corporal punishment is illegal in terms of the South African Schools Act, 501.
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In a ruling, the Education Labour Relations Council (ELRC) deemed the dismissal of a former departmental head at De Rust Primary School by the Western Cape Education Department (WCED) fair, following his conviction for assaulting a learner.
The ruling follows a history of charges against Anthony Lionel Damons for allegedly assaulting a learner, referred to as Learner D, who was a minor at the time of the incident, according to an ELRC report to the Cape Argus.
Damons, who commenced his employment on January 1992 and earned a monthly salary of R31,277.23 at the time of his dismissal on July 23, 2019, had faced numerous challenges in his arbitration case, including previous disciplinary offences.
The arbitration proceedings stretched across several dates, starting with hearings in March and September 2025, and finally concluded last month, with Arbitrator, Firgil Philips making his findings.
During the hearings, Damons appeared with various representatives, including Candidate Attorney Rashaad Goliath, followed later by Sibongile Kwazi, the Provincial Organiser for the South African Democratic Teachers’ Union (SADTU), and John De Laan.
The central issue for arbitration was whether Damons had committed assault against Learner D, a charge he vehemently denied.
However, testimonies from key witnesses, including school principal Keith Jones and social worker Marissa Lindeque, painted a concerning picture of the incident which involved an alleged use of a pipe in confronting Learner D.
Jones testified that Learner D informed him of being hit by Damons and pushed against a desk. Although no significant physical injuries were reported, the psychological impact on the learner remained a focal point during the hearings, as Lindeque highlighted the emotional distress Learner D experienced afterwards.
In a critical aspect of the testimony, experienced chairperson Anton Gunther discussed the procedural requirements of the disciplinary hearing, noting that while Damons was found guilty of one assault charge, two others were dismissed due to lack of evidence.
It became evident that the decision to dismiss Damons was heavily influenced by his prior history of misconduct involving corporal punishment aimed at learners.
Significantly, the Arbitrator Philips pointed out that using any form of physical force towards a learner contravened established disciplinary standards, thus reinforcing the necessity for strict accountability within educational environments.
The panel corroborated the dismissal based on the weight of evidence and highlighted that such behaviour could not be tolerated, especially given Damons' earlier convictions for similar offences.
"Consider briefly that even if he was now required to testify to a different portion of the same side of the upper body (the hand or shoulder) does not alter the fact that the child was hit. Besides on the day of the disciplinary hearing the Applicant was represented," the Arbitrator said.
"Whilst the explanation provided is on the edge of being possibly considered acceptable or better known a tactic of ambush, what does not assist the Applicant’s case is that the label he calls it does not change the constituent nature of his conduct.
"I am unpersuaded that there is any merit in this challenge. Therefore, based on all the available material placed before me is my decision as follow."
In his closing remarks, Arbitrator Philips concluded that despite the various arguments regarding procedural accuracy and representation, the essence of the ruling was unambiguous; the actions by Damons, and the pattern of behaviour leading up to the assault charges, warranted his dismissal from the teaching post.
"The dismissal of the applicant, Mr Anthony Lionel Damons, by the respondent, the Western Cape Education Department, is both substantively and procedurally fair," the report by ELRC stated.
"The application is dismissed. There is no order as to costs."