ELRC515-21/22EC
Award  Date:
 06 December 2021
Case Number: ELRC515-21/22EC
Commissioner: Henk Jacobs
Date of Award : 06 December 2021

In the matter between


SAOU obo Twane Birker
(Applicant)

And

Education Department – Eastern Cape
(Respondent)


Union/Applicant’s representative:

Ms S. Te Brugge, an official from SAOU


Telephone: 083 465 6996
Telefax:
E-mail: vvvokp@saou.co.za

Respondent’s representative: Mr E Hector an LR Officer for the Respondent
Respondent’s address:


Telephone: 072 590 2685
Telefax:
E-mail: Euan.Hector@ecdoe.co.za


Details of hearing and representation

1. The arbitration hearing into an alleged unfair labour practice dispute in terms of section 191(b)(ii) of the Labour Relations Act 66 of 1995, as amended (the LRA), was held virtually via Zoom on 29 November 2021.

2 The applicant, Ms T Dirker, was represented by Ms S Te Brugge, and official from the Suid Afrikaanse Onderwys Unie (SAOU) The respondent, Education Department – Eastern Cape, was represented by Mr. E Hector, a 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 in this matter.


Issue to be decided

5. The issue to be decided is whether the Applicant is entitled to a rural incentive.

Background to the matter

6. The Applicant is employed as an Educator at Gustav Primary School which is a District Task Team selected school to receive rural incentives.

7. The Applicant sought to be paid her rural incentive.

8. The following facts are common cause between the parties and parties agree that the Applicant be paid the amount of R37 226.40 in terms of the Rural Incentive allowance.

9. The parties further agree that the Applicants Rural Incentive be reactivated for 2021.

10. In light of the above, I find it appropriate to make the following order.


Order

11. The respondent, the Education Department – Eastern Cape, is ordered to pay the applicant, Ms Twane Dirker, the amount of R37 226-40 in terms of her outstanding Rural Incentive allowance by no later than 31 December 2021.
12. The respondent, the Education Department – Eastern Cape, is further order to reactive the applicant, Ms Twane Dirker, Rural Incentive allowance for the year 2021.



Signature:

Commissioner: Henk Jacobs

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