Case Number: PSES627-17/18EC
Province: Eastern Cape
Applicant: Sadtu abo D Williams
Respondent: Department of Education – Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Award Date: 2 March 2018
Case Reference no: PSES627-17/18EC
Date of Award: 2 March 2018
In the arbitration between
SADTU OBO D WILLIAMS APPLICANT
DEPARTMENT OF EDUCATION – EASTERN CAPE RESPONDENT
Employee’s representative: Ms T C Koya of SADTU
Telephone number: 0824360792
Employer’s representative: Ms A Slabbert
Telephone number: 0718948607
DETAILS OF HEARING AND REPRESENTATION
The matter was set down for an arbitration hearing in Port Elizabeth on 16 February 2018. The Applicant was represented by Ms T C Koya of SADTU. The Respondent was represented by Ms A Slabbert of the Department of Education. The Applicant referred a matter to the ELRC on 27 November 2017 regarding an enforcement dispute.
COMMON CAUSE FACTS
The facts in the matter are not in dispute.
It is common cause that the Applicant has rendered his services to the Respondent since May 2017 without remuneration.
The Respondent handed in a bundle of documents comprising of 16 pages which confirms that the Applicant was employed by the Respondent from May 2017 without remuneration.
Ms Slabbert referred to page 13 of the bundle which reveals the reason why the Applicant was not paid for a period of 10 months at present. The reason is because on the system it is reflected that the Applicant has “deserted”. It is common cause that the Applicant has not deserted and that the reflection next to his name stating that he has deserted is not correct.
Ms Slabbert referred me to a letter written by Mr B Rensburg, the Deputy Director HRA & P Eastern Cape, at the time, addressed to “To Whom it may concern” and dated 29 September 2017. The letter states that the Applicant has not deserted and that the information must be corrected on the system so that the Applicant can get paid. To date this has not been attended to. Clearly the Respondent had been aware at least as far back as September 2017 that the Applicant has been working without getting paid and failed to attend to the matter with the urgency that is required when an employee is working and not receiving a salary.
ANALYSIS OF FACTS
It is beyond comprehension that a matter such as this would remain unresolved and it becomes necessary for an arbitrator to make an order forcing an employer to pay an employee his salary which they have failed to do for 10 months without any valid reason. What I find particularly aggravating is that the employer has been aware of the matter for some time and even after the matter was referred to the ELRC failed to pay the Applicant his salary which is due to him.
The Respondent is ordered to pay the Applicant the amount of One Hundred and Sixty One Thousand and Ninety Five Rand which is his arrear salary effective from 1 May 2017 until 28 February 2018 on or before 22 March 2018. (R16 109.50 X 10 = R161 095.00)
SIGNED AND DATED ON 2 MARCH 2018
ADVOCATE L CHAROUX