Case No. ELRC 289-2021GP
Applicant: NAPTOSA obo Thompson and 10 others
Respondent: Department of Education Gauteng
Issue: Unfair Labour Practice - Provision of Benefits
Award Date: 11 February 2021
Arbitrator: N T Sosiba
Case Number: PSES 289-20/12 GP
Commissioner: N T Sosiba
Date of Award: 11 February 2021
In the ARBITRATION between
NAPTOSA obo Thompson and 10 others
Department of Education – Gauteng Province
Union/Applicant’s representative: Ms. Judy Nair – NATU union official
DETAILS OF THE HEARING AND REPRESENTATION
1. The matter to which the arbitration relates was set-down for arbitration in terms of Section 191(5) (1) of the Labour Relations Act (LRA). This arbitration was held virtually via ZOOM on the 26 November 2020.
2. Mr. Siza Mbalathi a DOE official, appeared for the employer. The employees were represented by Ms. J. Nair, the NAPTOSA union official.
ISSUES TO BE DECIDED
3. Whether the applicants are entitled to remuneration payments respectively, depending on the finding, what the appropriate relief is, if any, is applicable.
4. The employees argued that the employer is owing them salary pay which according to them, was not paid.
5. On its part the employer contends that the employees were owed money as alleged.
6. One bundle of document was submitted to aid the parties present their case. Both parties did not call any witness.
SURVEY OF EVIDENCE AND ARGUMENT
7. Ms. Nair, in her opening statement stated that all 11 employees were employed as part time educators at the National School of Arts. She stated that some were already paid and some not. She stated that delay in payment has caused some of the employees to leave the school to seek alternative employment.
8. It was the evidence of Ms. Nair that the following employees were owed as follows:
(a) W. Beukes- November 2019 and January 2020
(b) G. Bonegio –May 2020 and September 2020
(c) L.L. Cameron June 2020
(d) M. Maseko- July 2020, August 2020 and September 2020
(e) F. Moller May 2020
(f) Y. Thomas –January 2020
(g) C. Thompson- May 2020
(h) L. Roos- March 2019, June 2019, November 2019 and May 2020
(i) R.E. Kingon –March 2019, November 2019 and December 2019
9. It was the evidence of Ms. Nair that the employees who had referred the matter together with the above employees; and are not mentioned in this arbitration award were subsequently paid in full. According to her, these employees has no interest in pursuing their dispute.
10. During cross examination Mr. Mbalathi stated that he had no intentions of cross examining Ms. Nair. He stated that the Department of Education Gauteng Province agreed to owing the employees their remuneration and were prepared to pay the employees.
ANALYSIS OF EVIDENCE AND ARGUMENT
11. It is common cause that the applicants were owed money as stated by Ms. Nair. It was also not disputed that employees who were not mentioned in Ms. Nair evidence in chief; were fully paid their salaries. The case for employees not mentioned in this award is accordingly dismissed.
12. The employees who were mentioned are entitled to be paid their salary.
13. The following employees , at the time of this award were still owed by the employer as follows:
(a) G. Bonegio – May 2020 = R6975 and September 2020= R12787,52
(b) L.L. Cameron June 2020 = R14 725
(c) M. Maseko- July 2020 = R R37 200 , August 2020=R 36000,37 and September 2020= R 18600
(d) L. Roos- June 2019 = R10 234, November 2019 = R 18 600
(e) R.E. Kingon –March 2019= R6213,50, November 2019= R 15 000
The respondent conceded that those monies were owing and due to the employees to the extent detailed in paragraph 6 above.
(f) The employer is ordered to, unless it has done so by the time this award is delivered, pay the employees as follows:
G. Bonegio – May 2020 = R6975 and September 2020= R12787,52
L.L. Cameron June 2020 = R14 725
M. Maseko- July 2020 = R R37 200 , August 2020=R 36000,37 and September 2020= R 18600
L. Roos- June 2019 = R10 234, November 2019 = R 18 600
R.E. Kingon –March 2019= R6213,50, November 2019= R 15 000
9. The payment must be made not later than 14 days from the date of issue of this award.
10. There is no order as to costs.
N T Sosiba Mathe: Commissioner