Teacher who had inappropriate relationship with 15-year-old pupil triggering HIV scare loses bid to keep job
'The records show the same/similar application was made before as submitted by the employer rep. After a lengthy process of a default award and a rescission application we are apparently back to square one. That, in my view, defeats the purpose of expeditious resolution of labour disputes. I also considered expeditious resolution should be balanced with fairness,' the ruling reads.
'The victim in the circumstances of the inquiry is a minor child who is expected from time to time to come and testify. This is taking much of his school time. I am of the opinion his constitutional right to education is being infringed. While it is expected of him to put much focus on his school work and future, further postponements on the matter is a damning distraction that cannot be taken lightly.
'In light of the foregoing, I am not persuaded the employee made a case for postponement and I am of the view it is not in the interest of justice to grant the application.'
A police warrant officer from the family, child protection and sexual offences unit told the arbitrator police were investigating a statutory rape case against the teacher. The pupil, now 17, testified he was 'in a romantic relationship'.
'He confirmed he had a crush on her,' the ruling reads.
'He went to [the teacher's] place of residence several times. He confirmed having had sexual intercourse that night with her and without a condom. She gave him money to buy the morning after pills. It was his testimony that he had a romantic sexual relationship with [the teacher] and had sex more than once.'
The pupil also testified the relationship was characterised by jealousy and violence.
'He confirmed he slapped [the teacher] on the face because of jealousy that she was speaking to another man over the phone in his presence,' the ruling reads.
The pupil testified the teacher was upset when she saw his ex-girlfriend on his Facebook page.
'He confirmed he was chatting on WhatsApp with her regularly. He referred to her on WhatsApp as 'baby' and she responded positively. He told her he was in love with her and she was his 'baby' and she did not have a problem with that,' the ruling reads.
'He further stated he did not want to see her in any trouble regarding their affair and wanted to protect her.'
He also pointed out the school hostel where the teacher lived.
'He could see the bedroom and the bed they slept on when they had sexual intercourse,' the ruling reads.
The pupil revealed the relationship to another teacher who advised him to tell his parents.
'While they held the conversation, [the teacher] recorded everything said on his daughter's phone. He stated the pupil further confessed to have had sexual intercourse with the teacher. He felt duty-bound as an educator to protect the minor child. He advised him to tell his parents about the affair but he was reluctant to do that,' the ruling reads.
The now-retired teacher testified he visited the child's parents and found his mother in 'tears' after the pupil confessed. The parents wanted to move their son to another school, the arbitrator heard. A social worker found the 'relationship affected the learner emotionally'.
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