Labour Legislation as a Key Mechanism to Address Gender-Based Violence by Educators in South African Public Schools
摘要
Sexual misconduct by educators as a form of gender-based violence impacts safety at public schools and frustrates meaningful access to education. The legislative framework has failed to adequately protect the interests of learners, due to inadequate cross-reporting between role players, duplicative investigations into misconduct and protracted procedures. A collective agreement concluded at the Education Labour Relations Council potentially addresses the above concerns. The collective agreement mandates the use of an inquiry by an arbitrator in case of sexual misconduct involving learners and this chapter explores its impact. This is done through an analysis of the agreement’s application, the sanctions imposed against offending educators, and broader findings by arbitrators focussed on the interests of learners as children. Insights from this analysis support that the collective agreement results in a more effective disciplinary process that is proactive in protecting learners’ interests as children, while keeping offending educators accountable.