Case Number: ELRC826-20/21EC
Commissioner / Panelist: Ali Ncume
Date of Award: 18 May 2021
In the ARBITRATION between
NAPTOSA EASTERN CAPE obo DE KOCK JENNI LEE
DEPARTMENT OF EDUCATION EASTERN CAPE
Union/Applicant’s representative: Andrea Witbooi
Union/Applicant’s address: 09 Allisson Street
Telephone: 0718811169; 0748489881
E-mail: email@example.com; firstname.lastname@example.org
Respondent’s representative: Hendriena Stucki
Respondent’s address: Private Bag X 3939
Telephone: 0414034400; 0824339831
E-mail: email@example.com; firstname.lastname@example.org
DETAILS OF HEARING AND REPRESENTATION
1. This matter was set down for arbitration on 10 May 2021 (virtually on Zoom) under the auspices of the Education Labour Relations Council (“ELRC”). The applicant, Ms. De Kock (“the applicant”), despite appearing in person, was represented by Ms. Witbooi (“Witbooi”), in her capacity as a shop steward from the National Professional Teachers’ Organisation of South Africa (“NAPTOSA”). The respondent was represented by Ms. Stucki (“Stucki”).
2. The proceedings were manually and digitally recorded.
NARROWING DOWN OF THE ISSUES BY THE PARTIES HERETO
3. During the arbitration proceedings the parties narrowed the issues in dispute significantly. Subsequent to the latter, it appeared that the remaining issue, despite the entire matter being one which falls within the ambit of unfair labour practice relating to the provision of benefits, is and/or was the date of payment of the outstanding monies and/or benefit(s) owed to the applicant. In other words, it transpired that there was and/or there is no dispute that the respondent committed ‘unfair labour practice relating to the provision of benefits’. Therefore, the applicant is entitled to be paid what is owed to her (as agreed to by the parties hereto). It should be noted that the parties voluntarily agreed to limit my determination in this matter. It was agreed upon by the parties that the only issue I need to determine is when the respondent is expected to make payment to the applicant (emphasis).
ISSUE TO BE DECIDED
4. The issue concerns an alleged ‘unfair labour practice relating to the provision of benefits’. I must decide whether the respondent’s conduct and/or omission, if any, amounts to an unfair labour practice as enshrined in section 186(2)(a) of the Labour Relations Act 66 of 1995, as amended (“LRA”).
5. In determining paragraph 4 hereof, regard must be given to paragraph 3 hereof. In other words, I am merely left to determine the date of payment of the monies owed to the applicant. Therefore, it is common cause that the respondent’s conduct amounted to ‘unfair labour practice relating to the provisions of benefits’.
THE DATE OF PAYMENT AND MONIES OWED
6. According to the correspondence which I obtained from the parties hereto (which was also not disputed by the respondent), the applicant is owed by the applicant remuneration from January 2021, to current date. In additional to this, the applicant is also owed ‘housing allowance’. In consideration of the latter, the parties hereto submitted that the applicant is owed the following amount (this amount was calculated by both parties hereto):
6.1. Basic salary (gross): R23 336.50 x 5 = R116 682.50
Housing allowance: R1456.90 x 5 = R7 284.50
Total: R123 967.00
7. It should be noted that the above amount was agreed to by the parties hereto.
8. The respondent, being the Department of Education Eastern Cape, committed an unfair labour practice relating to the provision of benefits.
9. The respondent must pay the applicant, De Kock Jenni Lee, an amount of R123 967.00.
10. The aforementioned amount should be paid by the respondent on or before 30 June 2021 and is subject to statutory deductions and/or any other deductions applicable to the applicant’s remuneration.
DATED AND SIGNED IN PORT ELIZABETH ON 18 MAY 2021
Part-time commissioner: ELRC