ELRC644-20/21 EC
Text
ELRC620-21/22EC
Award Date:
18 February 2022
Commissioner: Lanthis Taylor
Case No.: ELRC620-21/22EC
Date of Award: 18 February 2022
In the Arbitration between:
NAPTOSA obo Patricia Alers
(Union/Applicant)
and
DEPARTMENT OF EDUCATION – Eastern Cape
(Respondent)
Union / Applicant’s representative: Adv. G.D Saayman (NAPTOSA) & Ms Alers
Telephone:
Telefax:
Email:
Respondent’s representative: Mr. Lwando Jevu
Telephone:
Telefax:
Email:
PARTICULARS OF PROCEEDINGS AND REPRESENTATION
1. An arbitration hearing was convened under the auspices of the Education Labour Relations Council on 28 January 2022 by way of the virtual platform, Zoom. The applicant, Ms. Patricia Alers was represented by Adv. G.D Saayman, an official of NAPTOSA. Mr. Lwando Jevu represented the respondent, the Department of Education – Eastern Cape. The proceedings were digitally recorded.
THE ISSUE IN DISPUTE
2. I must determine whether the applicant is entitled to her claim that her recognition for actual teaching experience was not remunerated in terms of PAM and other collective agreements. Furthermore, I have to determine whether the applicant is entitled to be placed on notch 214 with a remuneration of R355755.00.
APPLICANTS SUBMISSION
3. Adv. Saayman stated that the parties had met and the claim of outstanding monies owed to the applicant was discussed. The issues related to recognition for actual teaching experience for which the applicant was not paid. The claims related to the PAM document and other collective agreements. He submitted a bundle of documents setting out the calculations for monies owed.
RESPONDENT’S SUBMISSION
4. The respondent’s representative Mr. Jevu indicated that the Department was not disputing the matter at all. The HR and Finance departments were working on the matter and documents had already been sent to Head Office for processing. The only issue that could potentially arise is a tax implication but the parties would engage if this indeed transpired. He was thus in agreement with the applicant’s submission and claim. He indicated that the matter would be expedited with the presence of an arbitration award.
ANALYSIS OF THE EVIDENCE AND ARGUMENTS:
5. The matter before me relates to the applicant being eligible for recognition of actual teaching experience as set out in PAM and other collective agreements. The Department of Education Eastern Cape does not dispute the applicant’s entitlement to an amount of R439881.62 as back pay and that she is to be placed on a new salary notch 214 with remuneration of R355755.00 effective from July 2021.
6. Thus, in consideration of all of the above, I make the following award:
AWARD:
7. The parties are in agreement that the applicant is owed the amount presented and that she is to be placed on salary notch 214. The Department of Education Eastern Cape is ordered to pay the applicant, Patricia Alers, the amount of R439881.62 (subject to tax deductions) by no later than 31 March 2022. The Department of Education Eastern Cape is further ordered to place the applicant on salary notch 214 with the commensurate remuneration effective from July 2021. The backpay for the adjustment in the notch is to be calculated and is to be paid to the applicant by no later than 31 March 2022.
L M Taylor
Commissioner
Case No.: ELRC620-21/22EC
Date of Award: 18 February 2022
In the Arbitration between:
NAPTOSA obo Patricia Alers
(Union/Applicant)
and
DEPARTMENT OF EDUCATION – Eastern Cape
(Respondent)
Union / Applicant’s representative: Adv. G.D Saayman (NAPTOSA) & Ms Alers
Telephone:
Telefax:
Email:
Respondent’s representative: Mr. Lwando Jevu
Telephone:
Telefax:
Email:
PARTICULARS OF PROCEEDINGS AND REPRESENTATION
1. An arbitration hearing was convened under the auspices of the Education Labour Relations Council on 28 January 2022 by way of the virtual platform, Zoom. The applicant, Ms. Patricia Alers was represented by Adv. G.D Saayman, an official of NAPTOSA. Mr. Lwando Jevu represented the respondent, the Department of Education – Eastern Cape. The proceedings were digitally recorded.
THE ISSUE IN DISPUTE
2. I must determine whether the applicant is entitled to her claim that her recognition for actual teaching experience was not remunerated in terms of PAM and other collective agreements. Furthermore, I have to determine whether the applicant is entitled to be placed on notch 214 with a remuneration of R355755.00.
APPLICANTS SUBMISSION
3. Adv. Saayman stated that the parties had met and the claim of outstanding monies owed to the applicant was discussed. The issues related to recognition for actual teaching experience for which the applicant was not paid. The claims related to the PAM document and other collective agreements. He submitted a bundle of documents setting out the calculations for monies owed.
RESPONDENT’S SUBMISSION
4. The respondent’s representative Mr. Jevu indicated that the Department was not disputing the matter at all. The HR and Finance departments were working on the matter and documents had already been sent to Head Office for processing. The only issue that could potentially arise is a tax implication but the parties would engage if this indeed transpired. He was thus in agreement with the applicant’s submission and claim. He indicated that the matter would be expedited with the presence of an arbitration award.
ANALYSIS OF THE EVIDENCE AND ARGUMENTS:
5. The matter before me relates to the applicant being eligible for recognition of actual teaching experience as set out in PAM and other collective agreements. The Department of Education Eastern Cape does not dispute the applicant’s entitlement to an amount of R439881.62 as back pay and that she is to be placed on a new salary notch 214 with remuneration of R355755.00 effective from July 2021.
6. Thus, in consideration of all of the above, I make the following award:
AWARD:
7. The parties are in agreement that the applicant is owed the amount presented and that she is to be placed on salary notch 214. The Department of Education Eastern Cape is ordered to pay the applicant, Patricia Alers, the amount of R439881.62 (subject to tax deductions) by no later than 31 March 2022. The Department of Education Eastern Cape is further ordered to place the applicant on salary notch 214 with the commensurate remuneration effective from July 2021. The backpay for the adjustment in the notch is to be calculated and is to be paid to the applicant by no later than 31 March 2022.
L M Taylor
Commissioner