PSES115-18/19WC
Text
ELRC736-21/22EC
Award Date:
13 April 2022
Case Number: ELRC736-21/22EC
Commissioner: THABO MARUPING
Date of Award: 13 April 2022
In the matter between
SAOU obo Wanda Potgieter
(Union/Applicant)
And
Department of Education EC
(Respondent)
Union/Employee’s representative: Ms. Venita Van Wyk (SAOU)
Union/Applicant’s address: PO BOX 165
KIRKWOOD
Telephone:
Telefax:
E-mail: venitavw@saou.co.za
Employer’s representative: Mr Euan Hector
Respondent’s address: Department of Education
Sarah Baartman Eastern Cape
Telephone: 073 151 7874
Telefax:
E-mail: Samuel.louw@ecdoe.gov.za
DETAILS OF HEARING AND REPRESENTATION
1. The dispute an unfair labour practise was arbitrated in terms of 191(5)a(iv) of the Labour Relation Act of 1997 as amended. The hearing was held virtually via ZOOM platform on the, 28 March 2022, and proceedings were digitally recorded.
2. The Applicant, Ms. Wanda Potgieter was represented by Ms. Venita Van Wyk, from SAOU. The Respondent Department of Education Eastern Cape was represented by Mr. Euan Hector from the Respondents directorate.
ISSUE TO BE DECIDED
3. I have to determine whether the Respondent perpetrated an unfair labour practise relating to benefits by owing the Applicant allowance for the period, 01 January 2021 until 31 December 202.
BACKGROUND
4. The Applicant is working for the Respondent as a teacher and does additional duties as a hostel master. She is paid basic salary of R 37 472.25 per month. The Applicant indicated that the Respondent has not yet paid her the allowance for the period, 01 January 2021 until 31 December 2021. Both parties agreed that Applicant is owed for that period, and has agreed to the calculations.
SURVEY OF EVIDENCE AND ARGUMENT
Applicant’s Submission:
5. The Applicant representative, Ms. Venita van Wyk, testified under oath, on behalf of the other Ms. Wanda Potgieter. She indicated that the Applicant was not paid hostel allowance for the period, January 2021 until December 2021.
6. She further indicated that the Principal of the school made submissions for the claim with the DOE on the 12 February 2021.
7. She further testified that upon enquiry she was told no submissions were made.
8. She submitted that she urgently request the Applicant to be paid so this matter can rest.
Respondents Submissions
9. In his submission he conceded that the Applicant had to be paid the hostel allowance on the set period indicated by the Applicant.
10. He stated that the applicant was not paid because the DOE received the documents on, 22 March 2022 and that the claim was being processed.
11. In his last submission he testified that he cannot give a precise date as to when the claim will then be paid.
ANALYSIS OF EVIDENCE AND ARGUMENT
12. It is common cause that the parties agreed that the Applicant is owed hostel allowance. Both parties agreed on the amount of R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
13. Personnel Administration Measures (PAM) of 1999 as amended, clause C3 states; the allowance of educators who performs supervisory duties at hostels has three levels of work, Level i, Level ii and Level iii and it is not essential that all levels have to utilise at hostels. These levels consist of functions namely educational, administrative and economic. The allocation of percentage on the levels is dependent on the number of enrolments at the hostels. An educator who performs supervisory duties at a hostel may be remunerated for duties performed at only one of the three levels of work.
14. I am satisfied that the Applicant is owed hostel the allowance in that the Respondent has conceded to claim.
15. The Applicant indicated that she is owed for the period January 2021 to December 2022, I have left out the start date as it will be indicated by persal from which date the claim will be paid.
16. Therefore there is no reason for the Applicant to prove that she was owed as this was conceded by the Respondent.
Relief
17. I find that the Respondent owes the employees for the period January 2021 until December 2021. Both parties entered a calculation for the allowance.
18. Calculations 12.5% of the Applicants Notch amounts to R 4 684.03
R 4 684.03 * 12 months
= R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
AWARD
19. The Respondent, Department Of Education: Eastern Cape owes the Applicant, Ms Wanda Potgieter hostel Allowance for the period January 2021 until December 2021.
20. Therefore, the Respondent is ordered to pay the Applicant by no later than, 31 May 2022 the amount of R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
Signature:
Commissioner: Thabo Maruping
Commissioner: THABO MARUPING
Date of Award: 13 April 2022
In the matter between
SAOU obo Wanda Potgieter
(Union/Applicant)
And
Department of Education EC
(Respondent)
Union/Employee’s representative: Ms. Venita Van Wyk (SAOU)
Union/Applicant’s address: PO BOX 165
KIRKWOOD
Telephone:
Telefax:
E-mail: venitavw@saou.co.za
Employer’s representative: Mr Euan Hector
Respondent’s address: Department of Education
Sarah Baartman Eastern Cape
Telephone: 073 151 7874
Telefax:
E-mail: Samuel.louw@ecdoe.gov.za
DETAILS OF HEARING AND REPRESENTATION
1. The dispute an unfair labour practise was arbitrated in terms of 191(5)a(iv) of the Labour Relation Act of 1997 as amended. The hearing was held virtually via ZOOM platform on the, 28 March 2022, and proceedings were digitally recorded.
2. The Applicant, Ms. Wanda Potgieter was represented by Ms. Venita Van Wyk, from SAOU. The Respondent Department of Education Eastern Cape was represented by Mr. Euan Hector from the Respondents directorate.
ISSUE TO BE DECIDED
3. I have to determine whether the Respondent perpetrated an unfair labour practise relating to benefits by owing the Applicant allowance for the period, 01 January 2021 until 31 December 202.
BACKGROUND
4. The Applicant is working for the Respondent as a teacher and does additional duties as a hostel master. She is paid basic salary of R 37 472.25 per month. The Applicant indicated that the Respondent has not yet paid her the allowance for the period, 01 January 2021 until 31 December 2021. Both parties agreed that Applicant is owed for that period, and has agreed to the calculations.
SURVEY OF EVIDENCE AND ARGUMENT
Applicant’s Submission:
5. The Applicant representative, Ms. Venita van Wyk, testified under oath, on behalf of the other Ms. Wanda Potgieter. She indicated that the Applicant was not paid hostel allowance for the period, January 2021 until December 2021.
6. She further indicated that the Principal of the school made submissions for the claim with the DOE on the 12 February 2021.
7. She further testified that upon enquiry she was told no submissions were made.
8. She submitted that she urgently request the Applicant to be paid so this matter can rest.
Respondents Submissions
9. In his submission he conceded that the Applicant had to be paid the hostel allowance on the set period indicated by the Applicant.
10. He stated that the applicant was not paid because the DOE received the documents on, 22 March 2022 and that the claim was being processed.
11. In his last submission he testified that he cannot give a precise date as to when the claim will then be paid.
ANALYSIS OF EVIDENCE AND ARGUMENT
12. It is common cause that the parties agreed that the Applicant is owed hostel allowance. Both parties agreed on the amount of R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
13. Personnel Administration Measures (PAM) of 1999 as amended, clause C3 states; the allowance of educators who performs supervisory duties at hostels has three levels of work, Level i, Level ii and Level iii and it is not essential that all levels have to utilise at hostels. These levels consist of functions namely educational, administrative and economic. The allocation of percentage on the levels is dependent on the number of enrolments at the hostels. An educator who performs supervisory duties at a hostel may be remunerated for duties performed at only one of the three levels of work.
14. I am satisfied that the Applicant is owed hostel the allowance in that the Respondent has conceded to claim.
15. The Applicant indicated that she is owed for the period January 2021 to December 2022, I have left out the start date as it will be indicated by persal from which date the claim will be paid.
16. Therefore there is no reason for the Applicant to prove that she was owed as this was conceded by the Respondent.
Relief
17. I find that the Respondent owes the employees for the period January 2021 until December 2021. Both parties entered a calculation for the allowance.
18. Calculations 12.5% of the Applicants Notch amounts to R 4 684.03
R 4 684.03 * 12 months
= R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
AWARD
19. The Respondent, Department Of Education: Eastern Cape owes the Applicant, Ms Wanda Potgieter hostel Allowance for the period January 2021 until December 2021.
20. Therefore, the Respondent is ordered to pay the Applicant by no later than, 31 May 2022 the amount of R 56 208.36 (this amount will be subjected to start date of schools and end date of school, and statutory deductions).
Signature:
Commissioner: Thabo Maruping