ELRC132-23/24 EC

Case Number: ELRC132-23/24 EC
Panelists: Malusi Mbuli
Date of Award: 26-09-2023

In the ARBITRATION between

SAOU obo YOLANDE ROSSOUW – NIENABER & 23 OTHERS

(Applicant)

And

DEPARTMENT OF EDUCATION – EASTERN CAPE
(Respondent)

DETAILS OF THE HEARING AND REPRESENTATION

1. The matter came before the ELRC for arbitration in terms of section 186 (2) (a) of the Labour Relations Act No 66 of 1995 (“the Act”). It was set down for an arbitration hearing virtually at 09:00 on the 11th of September 2023.

2. The applicant, SAOU obo Yolande Rossouw – Nienaber & 23 others attended the hearing remotely and were represented by Mrs. Venita Van Wyk and official of the applicant’s trade union SAOU. The respondent, Department of Health – Eastern Cape, also attended the hearing and was represented by Mrs. Annalise Slabbert an official of the respondent.

3. The matter proceeded on the 11th of September 2022, and was finalized on the same day with the parties agreeing that the applicants are owed by the Department and in the process of being paid.

4. The parties further committed to jointly submit spread sheet and arguments not later than the 18th of September 2023 and the applicant submitted the said information.

ISSUE TO BE DECIDED

5. I am required to determine whether or not the respondent has committed an unfair labour practice by failing to pay the applicants 1.5 Intergrated Quality Management System for school based educators, I must determine the appropriate remedy.

EVIDENCE

6. The facts in this dispute were common and were confirmed by the parties on record. It then follows that the arbitration hearing was recorded and the record will be provided and form part of this hearing.

COMMON CAUSE FACTS

7. That the Department of Education owe the applicants 1.5 Intergrated Quality Management System for school based educators.

ANALYSIS OF EVIDENCE AND ARGUMENT

8. This matter was referred to the ELRC in terms of section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended. Section 185 (2) provides that:

- no employee must be subjected to an unfair labour practice. The applicant feel that the employer has committed an unfair labour practice by failing to pay the applicants 1.5 Intergrated Quality Management System for school based educators.

9. As indicated above in the topic dealing with common cause facts the parties are not in dispute on whether the respondent owe the applicants the said amount to the applicant. The only issue that remains to be decided is when such 1.5 Intergrated Quality Management System for school based educators should be paid to the applicant.

10. In terms of section 138 (9) of the Act a Commissioner may make any appropriate award including but not limited to, an award that inter alia gives effect to the provisions and primary objectives of the Act. It is clear from the submissions of the parties that have been recorded in the arbitration hearing that the leave gratuity claimed by the applicant is due and payable to him.

11. The respondent has committed an unfair labour practice by failing to pay the applicant his leave gratuity and as such this constituted an unfair labour practice as envisaged by section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended.

12. The confirmed details for payment are as follows are based on the spreadsheet below and will be quantified by the respondents persal system.

INITIALS SURNAME PERSAL APPOINTMENT DATE POST LEVEL SALARY NOTCH CODE CURRENT SALARY pa 2021/2022 NOTCH SCHOOL
L Joubert 51916401 01/01/1996 TEACHER PL1 216 429297 375621 Bishop Demont SS
MM Joubert 55272983 01/01/2014 TEACHER PL1 178 340470 313887 Bishop Demont SS
RS Kok 50794191 01/01/1993 TEACHER PL1 228 429297 398739 Bishop Demont SS
JM Naude 51950651 22/03/1995 PRINCIPAL 3 280 556086 451770 Bishop Demont SS
S Swart 56420099 15/02/2016 TEACHER PL1 172 330924 304647 Bishop Demont SS
I Wessels 55342060 25/02/2015 TEACHER PL1 174 334086 307707 Bishop Demont SS
Y Bredenkamp 54802717 01/2016 TEACHER PL1 164 318648 292764 Burgersdorp HS
M Olivier 51471957 01/1994 PRINCIPAL 2 268 522735 489192 Burgersdorp HS
J Troskie 14001942 22/04/2008 DEPARTMENTAL HEAD 220 383169 383169 Burgersdorp HS
LC Verster 51473682 01/1987 TEACHER PL1 274 540303 503991 Burgersdorp HS
P Mostert 51481863 01/1992 TEACHER PL1 252 484077 451770 HS Burgersdorp
A Pieterse 19434391 01/2008 TEACHER PL1 188 356991 329880 HS Burgersdorp
G Maritz 84209097 04/2016 TEACHER PL1 172 330924 304647 HS Burgersorp
FWJ Botha 51932237 01/01/1997 TEACHER PL1 250 479445 447285 Lady Grey Arts Academy
JJN Hattingh 54789125 01/01/2008 TEACHER PL1 125 265056 240882 Lady Grey Arts Academy
M Jordaan 51417057 01/07/2006 TEACHER PL1 212 397776 368226 Lady Grey Arts Academy
HS Linde 13648756 01/08/2013 TEACHER PL1 180 343710 317025 Lady Grey Arts Academy
MH Linde 54837511 TEACHER PL1 Lady Grey Arts Academy
R Marias 55255884 01/06/2013 TEACHER PL1 194 366228 337683 Lady Grey Arts Academy
FV Mathee 13668196 01/01/2013 DEPARTMENTAL HEAD 226 425235 394806 Lady Grey Arts Academy
ME Pitout 56958099 01/07/2018 TEACHER PL1 166 321660 295680 Lady Grey Arts Academy
N Preller 55255744 01/04/2017 TEACHER PL1 169 326241 300114 Lady Grey Arts Academy
H Prinsloo 51461587 01/01/1994 PRINCIPAL 3 280 556086 519270 Lady Grey Arts Academy
Y Rossouw-Nienaber 56973799 01/09/2018 TEACHER PL1 164 318648 292764 Lady Grey Arts Academy
MC Steenkamp 15785327 31/01/1995 DEPARTMENTAL HEAD 83 409326 379407 Lady Grey Arts Academy

13. In the circumstances I make the following award.

AWARD

14. The respondent is ordered to pay the applicants based on the spread sheet generated and agreed between the parties above and quantified on the respondents persal system.

15. The amounts referred to in paragraph 12 will be paid to the applicants not later than the 31st of October 2023.
Signature:

Commissioner: Malusi Mbuli