PSES248-19/20 KZN
PSES248-19/20 KZN
Award Date:
6 December 2019
Case Number: PSES248-19/20 KZN
Province: KwaZulu-Natal
Applicant: SADTU obo NKABINI B
Respondent: Department of Education KwaZulu-Natal
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Department of Education, Sisonke District Office, Kokstad.
Award Date: 6 December 2019
Arbitrator: P. JAIRAJH
CASE NO.: PSES248-19/20 KZN
IN THE MATTER BETWEEN: -
SADTU obo NKABINI B APPLICANT
AND
DEPARTMENT OF EDUCATION - KZN RESPONDENT
ARBITRATOR : P. JAIRAJH
DATE OF AWARD: 6 DECEMBER 2019
Applicant’s representative: MR M. MAKHATHINI (SADTU)
Telephone: (033) 394 2627
Fax : (033) 394 2629
Email:
Respondent’s representative : MR E.B.D. MPEMBE
Telephone : 076 270 6790
Fax :
Email :
DETAILS OF HEARING AND REPRESENTATION
[1] This matter was scheduled for arbitration on 5 December 2019 at the Department of Education, Sisonke District Office, Kokstad. Mr M. Makhathini from SADTU represented that applicant and Mr E.B.D Mpembe represented the respondent.
BACKGROUND TO THE DISPUTE
[2] The applicant referred a dispute in terms of a dispute in terms of section 186(2)(a) of the Labour Relations Act, 66 of 1995.
[3] The matter reverted to conciliation and parties concluded a settlement agreement, which parties agreed that in terms of Section 142 A of the Labour Relations Act 66 of 1995 (the LRA) as amended, to make the settlement agreement concluded under the auspices of the Council an award.
[4] In terms of the said agreement the parties agreed as follows:-
[4.1] The respondent undertakes to pay the applicant (Ms B. Nkabini with Persal Number 61734837) for services rendered for the periods January 2019 to May 2019 and 9 July 2019 to 3 September 2019, less statutory deductions.
[4.2] The respondent undertakes to pay the applicant in respect of the aforementioned periods on or before the 15 January 2020.
RULING
[5] In terms of Section 142A of the Labour Relations Act, 66 of 1995 as amended, the settlement agreement as entered into and signed by the parties on the 5 December 2019, under Case Number PSES248-19/20KZN is hereby made an arbitration award.
[6] The respondent, Department of Education – Kwazulu Natal is directed to comply with this award on or before the 15 January 2020.
[7] No order for costs is made.
ELRC Commissioner: P. Jairajh
DATED: 6 December 2019
Province: KwaZulu-Natal
Applicant: SADTU obo NKABINI B
Respondent: Department of Education KwaZulu-Natal
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Department of Education, Sisonke District Office, Kokstad.
Award Date: 6 December 2019
Arbitrator: P. JAIRAJH
CASE NO.: PSES248-19/20 KZN
IN THE MATTER BETWEEN: -
SADTU obo NKABINI B APPLICANT
AND
DEPARTMENT OF EDUCATION - KZN RESPONDENT
ARBITRATOR : P. JAIRAJH
DATE OF AWARD: 6 DECEMBER 2019
Applicant’s representative: MR M. MAKHATHINI (SADTU)
Telephone: (033) 394 2627
Fax : (033) 394 2629
Email:
Respondent’s representative : MR E.B.D. MPEMBE
Telephone : 076 270 6790
Fax :
Email :
DETAILS OF HEARING AND REPRESENTATION
[1] This matter was scheduled for arbitration on 5 December 2019 at the Department of Education, Sisonke District Office, Kokstad. Mr M. Makhathini from SADTU represented that applicant and Mr E.B.D Mpembe represented the respondent.
BACKGROUND TO THE DISPUTE
[2] The applicant referred a dispute in terms of a dispute in terms of section 186(2)(a) of the Labour Relations Act, 66 of 1995.
[3] The matter reverted to conciliation and parties concluded a settlement agreement, which parties agreed that in terms of Section 142 A of the Labour Relations Act 66 of 1995 (the LRA) as amended, to make the settlement agreement concluded under the auspices of the Council an award.
[4] In terms of the said agreement the parties agreed as follows:-
[4.1] The respondent undertakes to pay the applicant (Ms B. Nkabini with Persal Number 61734837) for services rendered for the periods January 2019 to May 2019 and 9 July 2019 to 3 September 2019, less statutory deductions.
[4.2] The respondent undertakes to pay the applicant in respect of the aforementioned periods on or before the 15 January 2020.
RULING
[5] In terms of Section 142A of the Labour Relations Act, 66 of 1995 as amended, the settlement agreement as entered into and signed by the parties on the 5 December 2019, under Case Number PSES248-19/20KZN is hereby made an arbitration award.
[6] The respondent, Department of Education – Kwazulu Natal is directed to comply with this award on or before the 15 January 2020.
[7] No order for costs is made.
ELRC Commissioner: P. Jairajh
DATED: 6 December 2019