Case Number: PSES32-11/12 WC
Province: Western Cape
Applicant: AP Daniels
Respondent: Department of Education, Western Cape
Issue: Unfair Labour Practice - Promotion/Demotion
Venue: Cape Town
Award Date: 20 June 2011
Arbitrator: L Martin
IN THE EDUCATION LABOUR RELATIONS COUNCIL HELD AT CAPE TOWN
Case No PSES32-11/12
In the matter between
DEPARTMENT OF EDUCATION WESTERN CAPE Respondent
PARTICULARS OF PROCEEDINGS AND REPRESENTATION
The arbitration took place at the offices of the department of Education, 17th floor Golden Acre building Adderley Street Cape Town on 14 June 2011.
The applicant, Ms. P. Daniels (Daniels), was not represented. The respondent, the Department of Education Western Cape (the respondent), was represented by Mr. Mandisi, a labour relations officer.
THE ISSUE IN DISPUTE
Termination of a fixed term contract.
SUMMARY OF EVIDENCE AND ARGUMENT
Upon Mr. Mandisi advising me that Daniels had informed him that she no longer wished to proceed with the resolution of her dispute through arbitration, I telephoned Daniels to establish for myself what the position was.
Daniels informed me that she had still wanted to proceed with the matter and that she had appointed an attorney whom she thought had requested that the matter be postponed.
I advised Daniels that I had not received any such application for a postponement of the matter.
I informed Daniels of the possibility of the matter being postponed and with that the likelihood of a costs order being made against her for the wasted costs of the day.
Daniels informed me that she would rather withdraw the matter whereupon I informed her that as there would be no possibility of again referring the dispute for resolution to the ELRC I would dismiss the matter.
Daniels still preferred to withdraw the matter and did so in writing which she then telefaxed to me.
As I had informed Daniels I dismissed the matter due to the non attendance of the applicant party.
This application for relief in terms of the provisions of the Labour Relationhs Act 66 of 1995 as amended is dismissed.
PANELLIST: L. MARTIN