Case Number: UNKNOWN EC
Province: Eastern Cape
Applicant: MRS ME VAN REENEN
Respondent: DEPARTMENT OF EDUCATION
Issue: Unfair Dismissal - Constructive Dismissal
Venue: EASTERN CAPE
Award Date: 29 June 2000
Arbitrator: J E BAX
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : UNKNOWN
In the arbitration between:
MRS ME VAN REENEN APPLICANT
DEPARTMENT OF EDUCATION RESPONDENT
1 . DETAILS OF THE HEARING AND REPRESENTATIONS:
1.1 At the arbitration the department was represented by Ms T Powa and the grievant was represented by Mr PP Peach, Director of the South African Union for Vocational and Specialised Education (SAUVSE)
1.2 This arbitration arose as a result of a dispute regarding payment of allowance to the grievant, Mrs Van Reenen.
1.3 At the arbitration the parties spent considerable time in pre-arbitration meetings and in endeavouring to resolve the dispute has agreed as to how the matter should proceed and have requested that I record their agreement as my award in this matter.
1.4 I accordingly record the agreement as given to me at the arbitration as follows:
1.4.1 SUPERINTENDENT’S ALLOWANCE:
188.8.131.52 The department shall pay the Grievant, Mrs Van Reenen, the superintendent’s allowance for the period commencing on the 1st of January 1998 and
184.108.40.206 terminating on the 31st of December 1999 (i.e. 2 years), provided that it is confirmed by the School’s Governing Body that Mrs Van Reenen was the superintendent of the School Hostel, while also principal of the school during this period and performed all duties as Superintendent as prescribed by Regulation in Chapter D of the Personnel Administration Measures as contained in Government Gazette No. 1967 dated 18th February 1999, such payment for the periods:
220.127.116.11.1 1st January 1998 - 30th June 1998 to be at the rate of 13.5% of the applicable monthly salary notch (R103, 248,00)
18.104.22.168.2 1st July 1998 - 31st December 1998 at the rate of 13.5% of the increased salary notch (R108,000,00)
22.214.171.124.3 1st January 1999 - 30th June 1999 at the rate of 14.5% of the monthly salary notch (increased rates due to increased number of pupils in the Hostel), and
126.96.36.199.4 1st July 1999 - 31st December 1999 at the rate of 14.5% of the increased salary notch (R114,186,00)
1.5 Such payments shall be made by the Department to Mrs Van Reenen by not later than 60 (sixty) days from date of this award, in terms of the Personnel Salary Electronic System and the Department shall submit confirming advices to the grievant.
2 . ACTING ALLOWANCE:
This item is to be checked and determined between the parties and if not resolved by them, to be brought forward at a further hearing of the arbitration, unless either of the parties decides to follow an alternative and appropriate remedy.
3 . COSTS ORDER:
3.1 This item was not the subject of the agreement between the parties, but I have been called upon to make an order as to the costs incurred by the Union in regard to the First Hearing, in as much as the Department representative present was unable to deal with the matter, and having heard representation from both parties on the matter, and in terms of the provisions of Section 16(3)(d), I order that the Department pay the costs of arbitration for the hearing on the 29th June 2000 and pay the additional costs of the South African Union for Vocational and Specialised Education as follows:
Airfare: Johannesburg - East London R2,122,00
Overnight: Regent Hotel R 150,00
Car Hire: Avis (2 days @ R65,00) R 130,00
3.2 The above cost are to be established by invoice and only those costs, as established, shall be paid.
DATED: 29 JUNE 2000
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER UNKNOWN EC
APPLICANT MRS ME VAN REENEN
RESPONDENT DEPARTMENT OF EDUCATION
NATURE PAYMENT OF ALLOWANCES
ARBITRATOR J E BAX
DATE OF ARBITRATION 29 JUNE 2000
VENUE EASTERN CAPE
APPLICANT MR P P PEACH
RESPONDENT MS T POSWA
1 That I accordingly confirm my award as arbitrator as set out in clauses 1.3 to 3.2 of the award.
DATE OF AWARD 29 JUNE 2000