ELRC218-23/24EC

Case Number: ELRC218-23/24EC
Commissioner: Henk Jacobs
Date of Ruling: 26 October 2023

In the matter between

SAOU obo Anne Marie Meyer
(Union / Applicant)

And

Education Department – Eastern Cape
(Respondent)

Union/Applicant’s representative:

Ms V Van Wyk

Telephone:
Telefax:
E-mail: venitavw@saou.co.za

Respondent’s representative:
Respondent’s address: Mr E Hector

Telephone:
Telefax:
E-mail: euan.hector@ecdoe.gov.za

Details of hearing and representation

1. This matter was referred to arbitration in terms of the Basic Conditions of Employment Act 75 of 1997, as amended (the BCEA), read with Clause 68 of the Dispute Resolution Procedures, Part C to the ELRC Constitution and was heard virtually via Zoom on 19 October 2023.

2 The applicant, Ms Anne Marie Strydom, was represented by Ms Venita Van Wyk, an official from the Suid Afrikaanse Onderwys Unie (SAOU) The respondent, Education Department – Eastern Cape, was represented by Mr Evan 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.


Issue to be decided

5. The issue to be decided is whether the Applicant was entitled to be paid 44.71 days capped leave at the time she retired.

Background to the matter

6. The Applicant was employed as an Educator and at the time she retired, she was on a salary notch of R571 188.00 per annum.

7. The Applicants sought to be paid her capped leave of 44.71 days as per her Persal records.

8. The following facts were common cause between the parties and parties agree that the Applicant be paid in the following amounts:

The Applicant was entitled to 44.71 days capped leave.
The Applicants salary notch at the time of retirement was R571 188.00 per annum.
The amount due in terms of capped leave was R97 953.37.

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

AWARD

10. The respondent, the Education Department – Eastern Cape, is ordered to pay the applicant, Ms Anne Marie Meyer, in terms of outstanding capped leave due to her in the amount of R97 953.37 (ninety seven thousand nine hundred and fifty three rand and thirty seven cents), by no later than 25 November 2023.

Signature:

Commissioner: Henk Jacobs