ELRC644-20/21 EC
Text
ELRC430-21/22EC
Award Date:
18 December 2022
Case Number: ELRC430-21/22EC
Commissioner: Henk Jacobs
Date of Ruling: 18 January 2021
In the matter between
SAOU obo A. Meaker and W. Jacobs
(Applicant)
And
Education Department – Eastern Cape
(Respondent)
Union/Applicant’s representative:
Ms S. Te Brugge, an official from SAOU
Telephone: 060 971 4062
Telefax:
E-mail: venitavw@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.go.za
Details of hearing and representation
1. The arbitration hearing related to a claim in terms of the Basic Conditions of Employment Act 75 of 1997, as amended (the BCEA), read with Clause 69.6 of the ELRC Dispute Resolution Procedures (2021) was held virtually via Zoom on 14 December 2021.
2 The applicants, Ms A Meaker and Ms W Jacobs, were both represented by Ms S Te Brugge, a full time shopsteward 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 recorded.
4 Parties agreed that there is no factual dispute in this matter, save that the Respondent raised an issue related to the timeframes within which the disputes were referred. A viva voce ruling was issued after both parties submit oral arguments granting condonation so far as it is required in terms of the referral of the dispute and clarifying that no condonation was required in terms of the Applicants referral.
Issue to be decided
5. The issue to be decided is whether the Applicants should be paid their respective salaries for the months worked during 2019 and 2020.
Background to the matter
6. Ms Meaker was employed as a substitute educator at William Oates Primary School, Somerset East for the period 12 April 2020 to 12 August 2020. Ms Meaker was not paid her salary plus 37 percent in lieu of benefits by the Education Department Eastern Cape.
7. Ms Jacobs was employed as a substitute educator at Kareedouw Junior Primary School for the period 01 July 2019 to 31 December 2021. Ms Jacobs was not paid her basic salary for the period worked and was not paid the 37 percent in lieu of benefit by the Education Department Easter Cape.
8. The Applicants sought to be paid their outstanding salaries.
9. The following facts are common cause between the parties and parties agree that the Applicants be paid in the following amounts:
Ms A Meaker
R280 038.00 (REQV 14 appointment) divided by 12 months = R23 336.50 per month x 4 months worked = R93 346.00 in terms of outstanding salaries.
R23 336.50 x 37% in lieu of benefits = R8 634.50 per month x 4 months worked = R34 538.00 in terms of benefit + R93 346.00 = R127 884.00 outstanding.
Ms W Jacobs
R288 525.00 (as per appointment letter) divided by 12 months = R24 043.75 per month x 6 months worked = R144 262.50 in terms of outstanding salaries.
R24 043.75 x 37% in lieu of benefits – R8 896.18 per months x 6 months = R53 377.08 in terms of benefits = R144 262.50 = R197 639.50 outstanding.
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 A Meaker, the amount of R127 884.00 in terms of her outstanding salary and 37 percent in lieu of benefits by no later than 28 February 2022.
12. The respondent, the Education Department – Eastern Cape, is further order to pay the second applicant, Ms W Jacobs, the amount of R197 639.50 in terms of her outstanding salary and 37 percent in lieu of benefits by no later than 28 February 2022.
Signature:
Commissioner: Henk Jacobs
Commissioner: Henk Jacobs
Date of Ruling: 18 January 2021
In the matter between
SAOU obo A. Meaker and W. Jacobs
(Applicant)
And
Education Department – Eastern Cape
(Respondent)
Union/Applicant’s representative:
Ms S. Te Brugge, an official from SAOU
Telephone: 060 971 4062
Telefax:
E-mail: venitavw@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.go.za
Details of hearing and representation
1. The arbitration hearing related to a claim in terms of the Basic Conditions of Employment Act 75 of 1997, as amended (the BCEA), read with Clause 69.6 of the ELRC Dispute Resolution Procedures (2021) was held virtually via Zoom on 14 December 2021.
2 The applicants, Ms A Meaker and Ms W Jacobs, were both represented by Ms S Te Brugge, a full time shopsteward 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 recorded.
4 Parties agreed that there is no factual dispute in this matter, save that the Respondent raised an issue related to the timeframes within which the disputes were referred. A viva voce ruling was issued after both parties submit oral arguments granting condonation so far as it is required in terms of the referral of the dispute and clarifying that no condonation was required in terms of the Applicants referral.
Issue to be decided
5. The issue to be decided is whether the Applicants should be paid their respective salaries for the months worked during 2019 and 2020.
Background to the matter
6. Ms Meaker was employed as a substitute educator at William Oates Primary School, Somerset East for the period 12 April 2020 to 12 August 2020. Ms Meaker was not paid her salary plus 37 percent in lieu of benefits by the Education Department Eastern Cape.
7. Ms Jacobs was employed as a substitute educator at Kareedouw Junior Primary School for the period 01 July 2019 to 31 December 2021. Ms Jacobs was not paid her basic salary for the period worked and was not paid the 37 percent in lieu of benefit by the Education Department Easter Cape.
8. The Applicants sought to be paid their outstanding salaries.
9. The following facts are common cause between the parties and parties agree that the Applicants be paid in the following amounts:
Ms A Meaker
R280 038.00 (REQV 14 appointment) divided by 12 months = R23 336.50 per month x 4 months worked = R93 346.00 in terms of outstanding salaries.
R23 336.50 x 37% in lieu of benefits = R8 634.50 per month x 4 months worked = R34 538.00 in terms of benefit + R93 346.00 = R127 884.00 outstanding.
Ms W Jacobs
R288 525.00 (as per appointment letter) divided by 12 months = R24 043.75 per month x 6 months worked = R144 262.50 in terms of outstanding salaries.
R24 043.75 x 37% in lieu of benefits – R8 896.18 per months x 6 months = R53 377.08 in terms of benefits = R144 262.50 = R197 639.50 outstanding.
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 A Meaker, the amount of R127 884.00 in terms of her outstanding salary and 37 percent in lieu of benefits by no later than 28 February 2022.
12. The respondent, the Education Department – Eastern Cape, is further order to pay the second applicant, Ms W Jacobs, the amount of R197 639.50 in terms of her outstanding salary and 37 percent in lieu of benefits by no later than 28 February 2022.
Signature:
Commissioner: Henk Jacobs