Case Number: PSES 22-14/15 KZN
Applicant: MSIBI F Z
Respondent: Department of Education: KwaZulu-Natal
Issue: Unfair Dismissal - Constructive Dismissal
Venue: DOE ULUNDI
Award Date: 4 December 2014
Arbitrator: A S DORASAMY
IN THE ARBITRATION
CASE NO.: PSES 22-14/15 KZN
IN THE MATTER BETWEEN :-
MSIBI F Z APPLICANT
DEPARTMENT OF EDUCATION-KZN RESPONDENT
DATE : 4 DECEMBER 2014
TIME : 09H00
VENUE : DOE
ARBITRATOR : A S DORASAMY
ATTENDANCE/S : APPLICANT
DETAILS OF HEARING AND REPRESENTATION
1. This matter was set down for an arbitration process on the 4 December 2014 and held at the D O E offices in Ulundi.
2. The Applicant represented herself. There was no appearance by the Respondent, and after consulting the Council and confirming that the notice was served on the respondent. I proceeded with the matter in terms of S 138(b) (i), as I was satisfied that the Respondent had been properly notified of the date, time and venue of the hearing.
ISSUES TO BE DECIDED
3. Whether the termination of the Applicant’s contract was fair and the relief to be awarded in the event that I find in favour of the applicant.
BACKGROUND & SURVEY
4. The applicant’s dispute is about not being paid for the period 23 August 2013 up to the 15 March 2014.
5. She taught a grade R class until the 15 March 2014 but was not paid.
6. Mr Thabani Mchunu spoke to the principal Ms K Masuku and told her that the matter was settled and
the DOE will pay the applicant for the period in question. The applicant filled the necessary forms to obtain payment but no payment was made.
7. In August 2014 she was told that her forms went missing and that she should fill new forms which she filled at the end of November and is awaiting payment.
ANALYSIS OF EVIDENCE
4. The onus rests on the Respondent to prove that the Applicants’ contract was terminated for a valid and fair reason and effected in accordance with a fair procedure.
5. In the absence of the Respondent party, I accept the Applicant’s version. The Applicant seeks payment for the period 23 August 2013 up to 15 March 2014. At the hearing the applicant stated that she was paid R 5000.00 per month. After she became permanent her salary was increased. She has completed the necessary forms to be paid as the respondent concedes that she is entitled to be paid.
6. The calculation is as follows:
23 August to 31 August(5000/4.333=1153.93/=266.31 per day X 9 days=
R 2 396.79
September 2013 to February 2014 (5000 X 6 = R 30 000.00 R 30 000.00
1 March to 15 March (15 X 266.31 = 3 994.65 R 3 994.65
TOTAL COMPUTED R 36 391.44
7. There is no evidence before me to prevent such an order.
8. I find the termination of the applicant’s contract was procedurally and substantively unfair and make the following order.
9. The Respondent, must pay the applicant the sum of R 36 391.44, within seven (7) days of becoming aware of the award.
10. No order as to cost is made.
DATED AT DURBAN THIS 4 DAY OF DECEMBER 2014
A S DORASAMY