A dismissed school principal has failed once more in his attempt to return to his job after the Johannesburg Labour Court confirmed that his dismissal was fair. The case centred on an inappropriate hug and an alleged request for a “baby kiss” directed at a young volunteer who had been assisting him.
The matter was initially heard at arbitration, where the arbitrator found the dismissal justified. The principal — identified only as B — then approached the Labour Court hoping to overturn that ruling. Instead, the court agreed that his conduct and the evidence against him supported the sanction of dismissal.
According to testimony, the incident occurred when the complainant, who was volunteering as the principal’s personal assistant, assisted him with proofreading letters in his office. When she finished, the principal allegedly asked for a hug. The complainant gave him one, but reported that he squeezed her tightly enough for her to feel his erect body.
Moments later, he allegedly tried to kiss her. When she objected, he reportedly said he would “settle for a baby kiss”.
The complainant’s mother—who worked at the same school as a general worker—saw the incident through the office window. She testified that she witnessed the principal leaning in towards the volunteer in what appeared to be an attempt to kiss her. Disturbed by what she saw, she ran to the office, only to find her daughter already in the administration area.
She later sent the principal a text message saying her daughter intended to open a case of sexual harassment.
The mother also alleged that the principal’s wife offered to send “uncles” to pay damages, suggesting an attempt to resolve the matter privately. The court heard that the mother and the principal had previously been close, and that he had helped secure the volunteer position for the complainant.
The principal denied wrongdoing, claiming the mother had fabricated the allegations after he rejected her earlier advances. He argued that the complainant initiated the hug and denied attempting to kiss her, insisting the school was too busy that day for such an incident to have occurred unnoticed.
But a text message he sent to the mother — in which he apologised — weakened his defence. He insisted the apology referred only to keeping her daughter at school after hours, not to any misconduct.
The arbitrator ultimately found the complainant’s evidence more consistent, credible and reliable than that of the principal. Even when considering his own version of events, the arbitrator concluded his behaviour was inappropriate and unacceptable in a professional environment.
The Labour Court agreed, ruling that the dismissal was substantively fair and refusing his attempt to be reinstated.
The case highlights ongoing efforts within the education sector to enforce accountability and ensure safe, respectful working environments for staff and volunteers alike.
