The Education Labour Relations Council (ELRC) has upheld the dismissal of a senior Gauteng education department official who was dismissed after being found to have used the school’s Makro card to purchase a printer valued at R3,499 and earphones costing R599 without proper authorisation.
While the teacher returned the printer, which he had held for a few months, he could not account for the earphones.
The ELRC found that the sanction of dismissal was substantively fair, despite the relatively modest value of the unauthorised expenditure involved.
Bernard Skosana, a chief education specialist (institutional development and support officer) with 26 years’ service, was dismissed in September 2023 after disciplinary charges relating to the unauthorised use of school resources while he was assigned to Laerskool Fleur in 2021.
Aggrieved by his dismissal, Skosana referred an unfair dismissal dispute to the ELRC and sought reinstatement. The arbitration was held on various dates from February 29 2023 until December 9 2025.
Arbitrator Pitsi Maitsha, in an award made this week, said what he was required to determine was whether Skosana’s dismissal was substantively fair and, if so, to make an appropriate award.
Skosana had faced two charges which led to his dismissal. The first allegation was that he used a school bakkie belonging to Laerskool Fleur for his own personal use in the period June 15 2021 to June 21 2021.
Maitsha said the evidence focused primarily on whether Skosana, in his capacity as cluster leader, was authorised to drive the school vehicle. The issues for determination were whether the vehicle was in his possession during the relevant period and whether the vehicle was used for personal purposes.
Maitsha said it was common cause that on June 15 2021, the school governing body (SGB) of Laerskool Fleur met at Hennops Park Primary School to conduct shortlisting for the position of deputy principal. Skosana was part of the interview panel.
Skosana testified that he experienced a vehicle breakdown on his way to Hennops Park Primary School. He contacted the SGB chairperson at the time, Mashudu Mudau, to inform him of the incident.
The department’s evidence was that Skosana should have reported the incident to the senior manager before using the school vehicle and that Skosana had failed to do so.
Maitsha said it appeared Skosana, together with Mudau and another SGB member, displayed a disregard for established processes.
“As a middle-management employee, [Skosana] ought to have known better.”
However, Maitsha said there was no evidence demonstrating that the vehicle was in Skosana’s possesssion between June 16 2021 and June 21 2021. “There is no evidence demonstrating that the vehicle itself was in the applicant’s possession during this period. There was also no evidence that Skosana used the vehicle for personal purposes.”
Maitsha said the department did not provide sufficient evidence to prove the allegations.
It is a trite law that in cases involving dishonesty or misuse of resources by senior employees, the quantum involved is immaterial. The trust relationship was irreparably damaged
— Arbitrator Pitsi Maitsha
On the second charge, the arbitrator found that the printer and earphones were purchased without proper authorisation, in contravention of procurement procedures.
Maitsha said Skosana did not deny that the printer had remained in his possession until the investigation had commenced.
“His response in this regard was insufficient.”
The arbitrator also found Skosana and Mudau attempted to mislead the council regarding the alleged approval by the SGB.
“There was no explicit agreement by the SGB to purchase the printer and earphones.”
On the appropriateness of the sanction, the arbitrator said Skosana’s conduct constituted a contravention of the Employment of Educators Act, which was a dismissible offence.
Maitsha said Skosana had a duty to prevent fruitless and wasteful expenditure.
He said the earphones, which cost R599, could have been used for educational purposes.
“It is a trite law that in cases involving dishonesty or misuse of resources by senior employees, the quantum involved is immaterial. The trust relationship was irreparably damaged.”
Skosana showed no remorse for his conduct, the arbitrator said.
“In the circumstances, no lesser sanction would have been appropriate.”
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