Case Number: ELRC400-20/21EC
Province: Eastern Cape
Applicant: Evernore Bronwin Muller
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Promotion/Demotion
Award Date: 2 March 2021
Arbitrator: Ncumisa Bantwini,
Panelist: Ncumisa Bantwini,
Case Number: ELRC400-20/21EC
Date of Award: 02 March 2021
IN THE ARBITRATION BETWEEN
Evernore Bronwin Muller:Union/Applicant
Department of Education – Eastern Cape: Employer/Respondent
DETAILS OF HEARING AND REPRESENTATION
1. This case was scheduled for arbitration on 12 February 2021 on virtual platform . It came before the ELRC in terms of Section 73A of the Basic Conditions of Employment Act, No.7 of 2018 as amended (the BCEA) for an alleged claim of non-payment of monies in respect of salary.
2. The applicant was in attendance and was represented by Ms Elize Nel, an Attorney from Minnaar & De Kock Attorneys while Mr Buzani Kwepile represented the respondent, the Department of Education-Eastern Cape.
ISSUE TO BE DECIDED
3. I am required to determine the applicant’s claim for an amount of R141 154.00 owing in terms of section 73A of the Basic Conditions Act as amended.
BACKGROUND TO THE DISPUTE
4. The applicant referred a dispute to the ELRC regarding failure of the respondent to pay her salary from 01 February 2020 to 30 September 2020. When the dispute could not be resolved conciliation, she referred it for arbitration.
SURVEY OF SUBMISSIONS AND EVIDENCE
5. The applicant’s representative Ms Elize Nel testified that the applicant was employed by the respondent as an Educator at REQV level 13 level from 01 February 2020 to 30 September 2020. Her salary was R211 731.00 per annum and was not paid her salary from 01 February 2020 until 30 September 2020. The applicant seeks payment of R141 154.00 which is the total amount which was never paid to her.
6. Mr. Buzani Kwepile conceded that the applicant was indeed not paid her salary for the above mentioned period (8 months). He further confirmed that the applicant was employed as an Educator at REQV level 13 on salary notch R211 731.00 per annum which is R17 644.25 per month. He submitted the salary scales reflecting the applicant’s notch and salary level as proof.
ANALYSIS OF EVIDENCE AND ARGUMENTS
7. Both parties conceded that the respondent failed to pay the applicant’s salary amounting to R141 154.00 for the period 01 February 2020 to 30 September 2020 (8 months). A proof of the applicant’s earnings and salary level were submitted by the respondent’s representative. The applicant seeks payment of the money owed to her by the respondent as a remedy.
8. In the light of the above evidence, I find that the respondent owes the applicant an amount of R141 154.00, calculated as R17 644.25 x 8 months.
9. In the circumstances, I deem it reasonable to make the following award;
10. The respondent, the Department of Education-Eastern Cape is ordered to pay an amount of R141 154.00 to the applicant Ms Evernore Bronwin Muller by no later than 19 March 2021.
11. There is no order as to costs.
Commissioner: Ncumisa Bantwini