The part-time lecturer argued that the long suspension took a serious emotional toll on him and his family.
A Technical Vocational Education and Training (TVET) college lecturer accused of sexual harassment will return to work after being suspended for eight months over allegations of sexual harassment.
Siyabulela Lee Tshoko took his employer, South-West Gauteng TVET College in Johannesburg, to the Education Labour Relations Council (ELRC), arguing that his long suspension was unfair because no decision had been made after his disciplinary hearing.
Tshoko had been suspended with full pay earlier in the year.
TVET college lecturer challenges suspension
Tshoko, who works as a deputy marking centre manager and part-time lecturer, testified during virtual arbitration proceedings that he arrived at work on 14 February, but was denied access to the campus.
He was later informed of his suspension after being charged with sexual misconduct.
The lecturer told the ELRC that his disciplinary hearing took place on 15 and 16 April, and closing arguments were submitted on 7 May.
According to Tshoko, the chairperson of the hearing was supposed to give a ruling within five days after the hearing ended as per the ELRC collective agreement of 2013.
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Although the chairperson asked for an extension of up to 14 days, Tshoko said there was still no outcome four months later.
He also explained that, under the ELRC’s rules, an employee accused of serious misconduct can only be suspended on full pay for up to three months, and any extension cannot go beyond 90 days.
Tshoko said his union, the National Education, Health and Allied Workers’ Union (Nehawu), contacted the college principal to ask about the hearing’s outcome and the suspension, but got no response.
He claimed that he was never given reasons for why his suspension had lasted so long.
Tshoko also alleged that another colleague accused of a similar offence was never suspended and continued working even after being found guilty.
Personal impact
Tshoko said the long suspension and delay in the hearing’s outcome took a serious emotional toll on him and his family.
He told the ELRC that it created some doubt and suspicion in his children’s minds regarding his innocence.
He said his marriage has suffered as a result of the sexual harassment allegations, which he has denied.
Tshoko further revealed that he was admitted to hospital in July and is now a psychiatric patient who requires prescribed medication.
He also stated that he has lost income for two semesters.
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Under cross-examination, Tshoko addressed allegations that he threatened a colleague who laid the complaint against him.
He contended that if this had happened, the TVET college should have transferred him to another campus — since his subjects are taught at multiple campuses — rather than extend his suspension.
Testimony from college officials
Two college officials — assistant director of labour relations, Tebogo Mophaleng, and deputy principal for corporate services, Andre Schlemmer — testified in support of Tshoko’s case.
Mophaleng described the suspension as “excessive” and explained that it had been extended to protect Tshoko from the threats of the complainant’s husband, as well as to protect the accuser.
He also said the principal had written twice to the hearing chairperson asking for the outcome.
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Schlemmer testified that he was not involved in Tshoko’s suspension or the hearing.
He explained that the chairperson of the hearing had been appointed by the deputy director-general of the Department of Higher Education and, therefore, the issue of the missing outcome had been escalated to that official.
According to Schlemmer, the chairperson asked for more time because “she is busy with other cases and that Tshoko’s case was complicated”.
ELRC ruling
ELRC Commissioner Nicholus Sono found that the college’s reason for the delay — that the chairperson was overloaded with other cases — was not backed by evidence.
“Despite that the chairperson has requested more time to submit the outcome, four months is shockingly excessive, not justifiable and unacceptable,” Sono said in his ruling.
He added that the college’s reason for keeping Tshoko suspended after 90 days was “highly questionable and unconvincing”.
“It is common cause that the applicant was never charged for allegedly threatening the complainant.”
The commissioner ordered that Tshoko’s suspension be lifted from 1 November and that he be paid four months’ salary — a total of R130 820.
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