ELRC598-23/24NW

Commissioner: D Smith
Case No.: ELRC598-23/24NW Date of Award: 20 February 2024

In the ARBITRATION between:

OLEHILE, GADIHELE

(Union / Applicant)

and

DEPARTMENT OF EDUCATION NORTH WEST
(Respondent)


DETAILS OF HEARING AND REPRESENTATION:

1. The dispute was referred to the Education Labour Relations Council (Council) in terms of Section 191(5)(a)(iv) of the Labour Relations Act, No. 66 of 1995 (LRA). It was heard virtually on 9 February 2024.

2. The Applicant, Ms. Gadihele Olehile, (Olehile) represented herself. The Respondent, Department of Education: North West was represented Mr. Mashaba (Mashaba), its SES: Disputes.

3. The process was digitally recorded, and I took handwritten notes.

4. The Respondent agreed to submit argument by 15 February 2024. At the time of rendering the award none had been submitted.

ISSUE TO BE DECIDED:

5. Whether Olehile is entitled to be paid an acting allowance.

6. If I find in the positive, I must decide upon an appropriate remedy.

BACKGROUND:

7. The principal of the Abontle Primary School in Motlosana district was placed on precautionary suspension 21 February 2022, A1. Olihele’s version was that she was appointed to act in the role from 22 February 2022 until her retirement on 31 May 2023. The Respondents version was that she never acted as principal.

REMEDY

8. Olehile sought to be paid the acting allowance.

SURVEY OF EVIDENCE AND ARGUMENT:

9. For purposes of this award, I do not intend, to record verbatim evidence led, submissions made and or arguments raised on record. Only the prominent points raised by each party in their evidence that have a bearing on the issue in dispute and to be decided are recorded hereunder. I did, however, consider all the evidence that was presented in rendering this award.

APPLICANT’S VERSION

10. Olehile testified under oath that:

10.1. She was appointed as deputy principal.

10.2. She acted in the role of principal since the suspension of the principal.

10.3. No-one was appointed to act as deputy principal.

11. Olehile submitted the following documents:

11.1. A1 Suspension letter to the principal dated 21 February 2022.

11.2. A2 Confirmation of acting principal role dated 14 October 2022.

11.3. A3 Acting allowance confirmation dated 22 August 2022 and signed by the district manager.

11.4. A3 HR confirmation of deputy principal role at PL3 dated 22 August 2022.

11.5. A4 WhatsApp explaining the acting allowance issue dated 5 October 2023.

11.6. A5 Confirmation of transfer.

11.7. A6 Request for infrastructure signed as acting principal dated 19 May 2023.

11.8. A7 Letter advising of a resignation from the SGB signed as principal dated 19 May 2023.

11.9. A8 The operational plan signed as principal.

11.10. A9 Performance appraisal signed as acting principal and dated 14 November 2022.

11.11. A10 School validation certificate signed as principal dated 20 February 2023.

11.12. A11 Salary advice dated 26 May 2023 citing the job title of deputy principal.
.
RESPONDENT’S VERSION

12. Not provided.:

ANALYSIS OF EVIDENCE AND ARGUMENT

13. The payment of an acting allowance is regulated by Chapter C 4.3 of Collective Agreement No 8 of 2002, Acting Allowance for an Educator Acting in a Higher Post where the Permanent Incumbent is Absent, that provides:

13.1. An acting allowance will only be paid to an educator who acts for a period longer than twelve (12) weeks but limited to a maximum of twelve months. The acting allowance will be paid only to an educator who acts in such a post where the permanent incumbent is absent due to the following:

13.1.1. Maternity leave;
13.1.2. Sick leave;
13.1.3. Study leave;
13.1.4. Suspension; and
13.1.5. Secondment.

14. Chapter C 4.3.2 provides that the allowance will be backdated to the date on which the educator commenced acting, provided that that the acting period is twelve (12) consecutive weeks or longer.

15. The principal was suspended on 21 February 2022, A1. Her salary was R668 286.00 per annum.

16. Olehile commenced acting on 22 February 2022 and continued to do so until her retirement on 31 May 2023. The period exceeded twelve consecutive weeks and continued for longer than twelve months. She is, therefore, entitled to the acting allowance for the period 21 February 2022 to 31 January 2023.

17. The post Olehile acted in is one post senior to that of deputy principal.

18. The acting allowance that will apply is the difference between the acting person’s current salary (without benefits) and the commencing notch of the higher post (without benefits) that applies to the position in which the person is acting. Where the acting person’s current salary (without benefits) equals or exceeds the commencing notch of the higher post (without benefits) that applies to the position in which the person is acting, the acting allowance that will apply is a notch increase.


19. Olihele’s salary (without benefits), A11, was R40959.12 per month.

20. Olihele’s unchallenged version was that she acted as principal after Pitso’s suspension.

21. All the document’s submitted support her version.

FINDING

22. Olehile is entitled to the relief she seeks. This amounts to R196776.56 (R668 286.00 – R491509.44)

AWARD

23. The Respondent is required to pay the Applicant, Gadihele Olehile, the acting allowance for twelve months of period she acted in the role of principal, being 22 February 2022 to 22 January 2023, by 15 March 2024, the allowance being the difference between the commencing salary of a principal and Olihele’s salary over the period. This amounts to R196776.56 (one hundred and ninety-six thousand seven hundred and seventy six Rand and fifty-six cents) by no later than 15 March 2024.

24. Interest will accrue at the prescribed rate should payment not be made.



D H Smith

ELRC PANELIST
120 February 20242