PSES314-19/20GP
PSES314-19/20GP
Award Date:
14 January 2020
Case Number: PSES314-19/20GP
Province: Gauteng
Applicant: Sarah Matlala Mokoma
Respondent: Department of Education-Gauteng
Issue: Unfair Labour Practice - Interpretation of collective agreements
Award Date: 14 January 2020
Arbitrator: Paul Phundu
Panellist: Paul Phundu
Case No: PSES314-19/20GP
Date of Award: 14 January 2020
In the matter between:
Sarah Matlala Mokoma Applicant
And
Department of Education-Gauteng Respondent
Union/Applicant’s representative: In person
Union/Applicants address:
807 Block F
Soshanguve 0152
Cell: 072 193 3332
Respondent’s representative: Mr G Mbonde
Respondent’s address:
Private Bag x 7710
Johannesburg 2000
Cell:076 093 6034
DETAILS OF HEARING AND REPRESENTATION
[1] This is an arbitration award issued in terms of Section 138 of the Labour Relations Act 66 of 1995 (as amended) and hereinafter referred to as the LRA. The matter was set-down for arbitration in terms of Section 24 (2), 24 (5) of the LRA. That is, interpretation and application of a collective agreement. The collective agreement being Resolution number 4 of 2018. The Resolution is about Educator Post Establishment, placement of Educators additional to Post Establishment and Grading of Institutions with effect from 01 January 2019.
[2] The arbitration was conducted on 22 November 2019 at the Department of Education Boardroom, Old Hebron College, Mabopane.
[3] The Applicant was present at the arbitration and was not represented. The Respondent was represented by, Mr George Mponde, Its Employee Relations Official.
[4] The proceedings were conducted in English and were digitally recorded. I also kept handwritten notes.
[5] Both parties agreed and accepted bundle of documents into evidence, to which neither party recorded any objection.
ISSUE TO BE DECIDED
[6] I am called upon to determine whether or not the Respondent has correctly interpreted and applied Resolution number 4 of 2018. that is, conversion of qualifying contract/temporary educator to permanent status.
BACKGROUND TO THE ISSUE
[7] The Applicant is in the employ of the Department of Education as an Educator at Kgotlelelang Primary School. The Applicant joined the school on a fixed term contract on 01 July 2018 to 30 June 2019. The Applicant alleged that the Respondent had incorrectly interpreted and applied Resolution 4 of 2018. She declared a dispute concerning an interpretation and/or application of a collective agreement (Resolution 4/2018).
[8] Conciliation failed and the certificate of non-resolution of the dispute was issued(.) The matter proceeded to arbitration. In terms of relief, the Applicant wished to be converted from a temporary position into a permanent position in terms of clause 5.4.2 of the resolution.
SURVEY OF EVIDENCE AND ARGUMENTS
ARGUMENTS FOR THE APPLICANT
[9] The Applicant was the only witness in support of her case, her evidence was briefly as follows:
[10] Ms Sarah Matlala Mokoma testified under oath that she is employed by the Respondent as an Educator. She said the Respondent incorrectly interpreted and applied Resolution 4 of 2018 by refusing to convert her appointment into a permanent position which is vacant and funded. She was appointed temporarily into a position of an Educator.
[11] Under cross-examination the applicant conceded that she has since been converted into a permanent position of an Educator and she accepted the written offer from the Department of Education.
ARGUMENTS FOR THE RESPONDENT
[12] The Respondent had one witness in support of its case. The evidence was briefly as follows:
[13] Mr George Mponde testified under oath that he is employed by the Respondent as a Manager-Employee Relations. He stated that the Applicant met all the requirements of clause 5.4.2 of the resolution. And she has since been converted into a permanent position. The Applicant was given a new contract of employment as a permanent employee of the Department. She accepted the offer and she is regarded as one of the permanent staff members.
[14] Under cross examination the Respondent stated that it did not contravene clause 5.4.2 of Resolution 4 of 2018. The Resolution was correctly interpreted and applied by the Respondent.
ANALYSIS OF EVIDENCE AND ARGUMENT
[15] The collective agreement being Resolution number 4 of 2018 (Circular: 8/2019). The Resolution is about Educator Post Establishment, placement of Educators additional to Post Establishment and Grading of Institutions with effect from 01 January 2019.
[16] Clause 5.4.2 of the Resolution stipulates that: “conversion of qualifying contract/temporary educator to permanent status”. Clause 5.1 provides that A contract ( temporary) educator and educator therapist will only be converted permanently to a vacant substantive posts on the approved current post establishment at a public school provided he/she meets the criteria set out in bullet 5.3.1
[17] Clause 5.3.1 provides that A contract (temporary) educator and educator therapist will only be appointed permanently to a vacant funded substantive post level 1 at a public school if: 5.3.1 (a) the contract (temporary) educator and educator therapist qualifies in terms of the needs (curricular) of the school.
[18] It is common cause that the Applicant is employed as an Educator by the Respondent.
[19] The Applicant did not dispute that she has since been converted into a permanent position of an Educator and she accepted the offer from the Department of Education.
[20] It is my finding that the Applicant’s temporary position was converted into a permanent position in terms of clause 5.4.2 read with clause 5.3.1 (a) of the Resolution.
[21] I therefore, reject the Applicant’s argument that the Respondent incorrectly interpreted and applied Resolution 4 of 2018.
[22] I accept the Respondent’s argument that it has correctly interpreted and applied Resolution 4 of 2018.
[23] It is my finding that the Respondent had correctly interpreted and applied ELRC Resolution 4 of 2018.
AWARD
[24] The Applicant has failed to discharge the onus that the Respondent had incorrectly interpreted and applied ELRC Resolution 4 of 2018.
[25] The Applicant’s application is dismissed.
ELRC PART-TIME PANELLIST: PAUL PHUNDU
Province: Gauteng
Applicant: Sarah Matlala Mokoma
Respondent: Department of Education-Gauteng
Issue: Unfair Labour Practice - Interpretation of collective agreements
Award Date: 14 January 2020
Arbitrator: Paul Phundu
Panellist: Paul Phundu
Case No: PSES314-19/20GP
Date of Award: 14 January 2020
In the matter between:
Sarah Matlala Mokoma Applicant
And
Department of Education-Gauteng Respondent
Union/Applicant’s representative: In person
Union/Applicants address:
807 Block F
Soshanguve 0152
Cell: 072 193 3332
Respondent’s representative: Mr G Mbonde
Respondent’s address:
Private Bag x 7710
Johannesburg 2000
Cell:076 093 6034
DETAILS OF HEARING AND REPRESENTATION
[1] This is an arbitration award issued in terms of Section 138 of the Labour Relations Act 66 of 1995 (as amended) and hereinafter referred to as the LRA. The matter was set-down for arbitration in terms of Section 24 (2), 24 (5) of the LRA. That is, interpretation and application of a collective agreement. The collective agreement being Resolution number 4 of 2018. The Resolution is about Educator Post Establishment, placement of Educators additional to Post Establishment and Grading of Institutions with effect from 01 January 2019.
[2] The arbitration was conducted on 22 November 2019 at the Department of Education Boardroom, Old Hebron College, Mabopane.
[3] The Applicant was present at the arbitration and was not represented. The Respondent was represented by, Mr George Mponde, Its Employee Relations Official.
[4] The proceedings were conducted in English and were digitally recorded. I also kept handwritten notes.
[5] Both parties agreed and accepted bundle of documents into evidence, to which neither party recorded any objection.
ISSUE TO BE DECIDED
[6] I am called upon to determine whether or not the Respondent has correctly interpreted and applied Resolution number 4 of 2018. that is, conversion of qualifying contract/temporary educator to permanent status.
BACKGROUND TO THE ISSUE
[7] The Applicant is in the employ of the Department of Education as an Educator at Kgotlelelang Primary School. The Applicant joined the school on a fixed term contract on 01 July 2018 to 30 June 2019. The Applicant alleged that the Respondent had incorrectly interpreted and applied Resolution 4 of 2018. She declared a dispute concerning an interpretation and/or application of a collective agreement (Resolution 4/2018).
[8] Conciliation failed and the certificate of non-resolution of the dispute was issued(.) The matter proceeded to arbitration. In terms of relief, the Applicant wished to be converted from a temporary position into a permanent position in terms of clause 5.4.2 of the resolution.
SURVEY OF EVIDENCE AND ARGUMENTS
ARGUMENTS FOR THE APPLICANT
[9] The Applicant was the only witness in support of her case, her evidence was briefly as follows:
[10] Ms Sarah Matlala Mokoma testified under oath that she is employed by the Respondent as an Educator. She said the Respondent incorrectly interpreted and applied Resolution 4 of 2018 by refusing to convert her appointment into a permanent position which is vacant and funded. She was appointed temporarily into a position of an Educator.
[11] Under cross-examination the applicant conceded that she has since been converted into a permanent position of an Educator and she accepted the written offer from the Department of Education.
ARGUMENTS FOR THE RESPONDENT
[12] The Respondent had one witness in support of its case. The evidence was briefly as follows:
[13] Mr George Mponde testified under oath that he is employed by the Respondent as a Manager-Employee Relations. He stated that the Applicant met all the requirements of clause 5.4.2 of the resolution. And she has since been converted into a permanent position. The Applicant was given a new contract of employment as a permanent employee of the Department. She accepted the offer and she is regarded as one of the permanent staff members.
[14] Under cross examination the Respondent stated that it did not contravene clause 5.4.2 of Resolution 4 of 2018. The Resolution was correctly interpreted and applied by the Respondent.
ANALYSIS OF EVIDENCE AND ARGUMENT
[15] The collective agreement being Resolution number 4 of 2018 (Circular: 8/2019). The Resolution is about Educator Post Establishment, placement of Educators additional to Post Establishment and Grading of Institutions with effect from 01 January 2019.
[16] Clause 5.4.2 of the Resolution stipulates that: “conversion of qualifying contract/temporary educator to permanent status”. Clause 5.1 provides that A contract ( temporary) educator and educator therapist will only be converted permanently to a vacant substantive posts on the approved current post establishment at a public school provided he/she meets the criteria set out in bullet 5.3.1
[17] Clause 5.3.1 provides that A contract (temporary) educator and educator therapist will only be appointed permanently to a vacant funded substantive post level 1 at a public school if: 5.3.1 (a) the contract (temporary) educator and educator therapist qualifies in terms of the needs (curricular) of the school.
[18] It is common cause that the Applicant is employed as an Educator by the Respondent.
[19] The Applicant did not dispute that she has since been converted into a permanent position of an Educator and she accepted the offer from the Department of Education.
[20] It is my finding that the Applicant’s temporary position was converted into a permanent position in terms of clause 5.4.2 read with clause 5.3.1 (a) of the Resolution.
[21] I therefore, reject the Applicant’s argument that the Respondent incorrectly interpreted and applied Resolution 4 of 2018.
[22] I accept the Respondent’s argument that it has correctly interpreted and applied Resolution 4 of 2018.
[23] It is my finding that the Respondent had correctly interpreted and applied ELRC Resolution 4 of 2018.
AWARD
[24] The Applicant has failed to discharge the onus that the Respondent had incorrectly interpreted and applied ELRC Resolution 4 of 2018.
[25] The Applicant’s application is dismissed.
ELRC PART-TIME PANELLIST: PAUL PHUNDU