Case Number: PSES248-19/20 KZN
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
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
Respondent’s representative : MR E.B.D. MPEMBE
Telephone : 076 270 6790
DETAILS OF HEARING AND REPRESENTATION
 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
 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.
 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.
 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.
 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.
 The respondent, Department of Education – Kwazulu Natal is directed to comply with this award on or before the 15 January 2020.
 No order for costs is made.
ELRC Commissioner: P. Jairajh
DATED: 6 December 2019