Case Number: ELRC539-20/21EC
Commissioner: Henk Jacobs
Date of Ruling: 14 April 2021
In the matter between
SAOU obo Mr H H Krynaux
Department of Education – Eastern Cape
Ms V van Wyk
Telephone: 060 971 4062
Respondent’s representative: Mr E Hector
Telephone: 072 590 2685
Details of hearing and representation
1. The arbitration hearing regarding an enforcement dispute, referred in terms of the Basic Conditions of Employment Act 75 of 1997 (the BCEA), was held via Zoom (Virtually) on 07 April 2021.
2 The applicant, Mr H.H. Kreunaux was represented by Ms V van Wyk of the Suid Afrikaanse Onderwys Unie (SAOU), a registered trade union, the Department of Education – Eastern Cape, was represented by Mr E Hector, Labour Relations Officer employed by the Respondent.
3 The hearing was held in English and was digitally and manually recorded.
4 Parties agreed that there is no factual dispute, the amounts indicated by the Applicant are indeed what is due to him by the Respondent. Parties further agreed that the order must be based on the Applicant’s submissions and breakdown of the amounts due as per the documents.
Issue to be decided
5. The issue to be decided is whether or not the non-payment by the Respondent of the Applicant’s Leave Gratuity and resettlement allowance was in breach of the Regulations regulating such allowance, and if so, to determine the appropriate relief.
Background to the matter
6. The Applicant referred an enforcement dispute in terms of the Basic Conditions of Employment Act 75 of 1997 to the ELRC.
7. The Applicant sought to be paid the alleged outstanding amounts in terms leave payment on retirement and a resettlement amount with interest.
8. Parties recorded that there is no dispute of fact in this matter, that the amounts due to the Applicant is correct as per the Applicant’s submissions.
Survey of submissions
9. This is a summary and does not reflect all of the arguments heard and considered in reaching a decision.
10. The Applicant retired on 30 April 2019 after 42 years of service with the Respondent. In terms of the Respondent’s leave policy he is entitled to 114.14 days accrued leave payable within 90 days from the date of retirement.
11. The Applicant further applied for a resettlement allowance in terms of the Personnel Administrative Measures (PAM) which was not paid to date in the amount of R20 987.50.
12. In light of the above, I find it appropriate to make the following order.
13. The respondent, the Education Department -Eastern Cape is ordered to pay Applicant, Mr H. H. Kreynaux (Persal nr:51439824), 114.14 days Leave Gratuity to the amount of R416 180.16 (four hundred and sixteen thousand one hundred and eighty rand and sixteen cents) by no later than 30 April 2021.
14. The respondent, the Education Department – Eastern Cape is further ordered to pay the applicant, Mr H. H. Kreynaux (Persal nr:51439824), the amount of R20 987.50 (twenty thousand nine hundred and eighty-seven rand and fifty cents) in terms of outstanding Resettlement allowance to be refunded by no later than 30 April 2021.
Commissioner: Henk Jacobs