ELRC110-24/25EC

Case Number: ELRC 110-24/25 EC
Panellist: Hadley Saayman
Date of Award: 11 September 2024

In the ARBITRATION between

NAPTOSA obo Loretta Coetzee

And

Department of Education – Eastern Cape

Applicant’s representative: Adv. G D Saayman
Applicant’s address: NAPTOSA
28 Sixth Avenue
Newton Park
Gqeberha
Telephone:
E-mail: Cosec@naptosa.org.za

Respondent’s representative : Mr. G Jacobs
Department of Education
Humansdorp
Telephone:
E-mail: garthjacobs@rocketmail.com

DETAILS OF HEARING AND REPRESENTATION

1. This matter was set down for arbitration on 4 September 2024 in terms of Enforcement of Collective Agreements. The Applicant, Ms Loretta Coetzee was represented by Adv G D Saayman a Union official of NAPTOSA. The Respondent, the Department of Basic Education-EC was represented by Mr G Jacobs. The parties agreed to make written and oral submissions, which they have done.

ISSUE TO BE DECIDED

2. I am required to determine whether the applicant was entitled to a 10% cash bonus for the improvement of her qualifications from REQV 14 to REQV 15 and recognition of previous experience as an educator employed by the School Governing Body (SGB).

BACKGROUND TO THE ISSUES

3. The applicant, Ms Loretta Coetzee was employed as an educator by the SGB of Humansdorp Senior Secondary School since February 2016 for a period of 27 months. She obtained a B.Ed. degree during October 2019 and was permanently appointed as an educator on 1 February 2020. The applicant then obtained a Post Graduate Diploma during May 2024.

4. Regarding relief, the applicant seeks the 10% cash bonus for the improvement of her qualifications as well as recognition of previous experience.

SURVEY OF EVIDENCE AND ARGUMENT

5. This is a summary of evidence considered, as provided for in terms of Section 138(7)(a) of the
Labour Relations Act 66 of 1995 (as amended) (LRA), relevant to the dispute at hand.

APPLICANT’S SUBMISSSIONS AND EVIDENCE
6. The Minister of Basic Education, has in terms of section 4 of the Employment Equity Act no 76 of 1998 (as amended) (EEA) determined and consolidated the terms and conditions of employment of educators in the Personnel Administrative Measures (PAM) on 13 July 2022 and published in the Government Gazette on 9 September 2022.
7. On 10 February 2017, the Minister of Basic Education has published in the Government Ga-zette, nr. 40610, revised National Policy Act 27 of 1996, the National Education Policy on Recognition and Evaluation of Qualification for Employment in Education (NEPA).
8. PAM B.10.2.5 stated that: “If a serving educator on post level 1 with REQV 14 or higher or an educator on post levels 2 to 5 with REQV 13 improves his/ her REQV such educator will receive a cash bonus to 10% of notch code 85.”

9. The applicant has obtained a four-year Bachelor of Education (B.Ed.) Degree (Intermediate and Senior
Phase) on 25 October 2019 and a Postgraduate Diploma in Inclusive Education on 21 May 2024.

10. The applicant’s B. Ed. degree has a minimum of 480 credits. (See C14). In terms of section 2 (9) of NEPA that deals with “Assigning of Relative Education Values (REQVs) to qualifications” a first initial B. Ed. degree with 480 credits is equivalent to REQV 14.

11. The applicant’s Postgraduate diploma has a minimum of 120 credits.

12. Section 6 of NEPA deals with “Recognition of Post-Initial Advanced and Further Educations. Section 6(5) para 3 reads as follows:
“One additional REQV level will be accorded to a completed postgraduate diploma in an appropriate field of study (including education), on condition that the postgraduate diploma follows an approved degree or an advanced diploma.”

13. According to Section 7(13)(7) the applicant’s current B. Ed. degree is the equivalent of REQV 14 and
her next qualification, the postgraduate diploma is the equivalent of the improved REQV 15. Hence, the
applicant is entitled to a 10% once-off cash bonus on a salary level of a beginner educator’s notch.


14. PAM B.8.4.2.1 stated that the starting salary of a post level 1 educator with REQV 14, 15, 16 or 17 and who has no experience (neither in nor outside public education) is notch code 85.

15. The applicant submitted that for recognition of her previous experience outside public education the respondent owes her an amount R 26 028,50 plus a bonus shortfall R 1 084,52 which amounted to
R 27 113,02.

16. In respect of recognition of improvement from REQV 14 to REQV 15, she is owed an amount of
R 33 204,60.

17. The applicant therefore claims that a total amount of R 60 317,62 is due to her.

RESPONDENTS’ SUBMISSIONS

18. The respondent confirmed that the applicant had 27 months teaching experience as an SGB educator before she was appointed permanently by the respondent on 1 February 2020.

19. The respondent also conceded that the applicant had obtained a B.Ed.-degree on 25 October 2019 and a Post Graduate Diploma on 21 May 2024.

20. The respondent further conceded that the applicant is therefore entitled to the recognition of her previous experience outside public education as well the improvement of her qualifications from REQV14 to REQV15.


ANALYSIS OF EVIDENCE AND ARGUMENT

21. Both parties made written as well as oral submissions.

22. The referral of the dispute in question refers to Enforcement of Collective Agreement 8 of 2003.
Clause 69 of the dispute resolution procedures of the ELRC provides for the enforcement of collective agreements.

24. In Western Cape Department of Health v Van Wyk and Others, (2014) 35 ILJ 3078 (LAC) at
para 22, the Labour Appeal Court held:

“In interpreting the collective agreement, the arbitrator is required to consider the aim, purpose and all the
terms of the collective agreement. Furthermore, the arbitrator is enjoined to bear in mind that a collec-tive agreement is not like an ordinary contract. Since the arbitrator derives all his/her powers from the Act he/she must at all times consider the primary objects of the Act... “

The LAC went on to hold:

“The primary objects of the Act are better served by an approach which is practical to the interpreta-tion of such agreements, namely, to promote the effective, fair and speedy resolution of labour dis-putes. In addition, it is expected of the arbitrator to adopt an interpretation and application that is fair to the parties. ‟

25. PAM B.8.4.3 explain the salary of an educator who has actual teaching or appropriate

experience outside public education (ELRC Collective Agreements 5 of 2003 and 4 of 2003)
“Note: Actual teaching experience outside public education includes, inter alia, experience
gained in an independent school, as a SGB or college council employee, AET educator or
teaching experience abroad.”

26. It was common cause that the applicant was an SGB appointed educator at Humansdorp Senior

Secondary School for the following periods:

• 2 February 2016 until 30 September 2016.

• 9 April 2018 until 31 December 2018.

• 1 January 2019 until 31 October 2019.


27. B.8.4.3 noted that “appropriate experience refers to working experience, which in the opinion of the

employer, developed the person directly or appositely in all respects regarding knowledge, skills and

attitude, for holding an educator post.”


28. B.8.4.3.1 stated that actual teaching or appropriate experience is recognised as follows:

“(a) For purposes of determining the starting salary of an educator with experience outside public

education, additional notches may be granted based on actual teaching and/or appropriate experi-ence.”

“(e) Experience gained after 1 January 2008

For every twelve months of actual teaching or appropriate experience that an educator has

gained, he/she will be granted one additional notch (at least 1%) on the applicable salary range.

Additional notches will only be granted up to the maximum of the applicable salary range.”


29. It was common cause that the applicant had 27 months previous appropriate teaching experience

outside public education and is entitled to a 2% notch increase and back pay from her appointment date

of 1 February 2020.


30. It was common cause that the applicant obtained a BEd degree on 25 October 2019 with

a minimum of 480 credits. In terms of section 2 (9) of NEPA that deals with Assigning of Relative

Education Values (REQVs) to qualifications, stated that a first initial B. E.d degree with 480 credits is

equivalent to REQV14.


31. Section 6 (5) paragraph 3 of NEPA, which deals with the recognition of postgraduate qualifications stated:

“One additional REQV level will be accorded to a completed postgraduate diploma in an appropriate field

of study (including education), on condition that the postgraduate diploma follows an approved degree or

an advanced diploma.” It was common cause that the applicant has obtained a postgraduate Diploma on

21 May 2024 with minimum of 120 credits. Hence, the applicant is elevated to REQV15.


32. In terms of PAM B.10.2.5 “If a serving educator on post level 1 with REQV 14 or higher or an

educator on post levels 2 to 5 with REQV 13 or higher improves his/her REQV such educators will

receive a cash bonus equal to 10% of notch code 85.”

33. It therefore flows that the applicant is entitled, as per Collective Agreement 1 of 2008, read with ELRC

Collective Agreements 5 of 2003 and 4 of 2003, calculated as follows:


33.1 Recognition of previous appropriated experience outside public education:


Period Notch
appointed Salary received Salary supposed
to received Notch
supposed
to be Shortfall


1/2/20-
30/6/20 164 280 038 285 648 168 5610 x 5/12
= 2 337.50
1/7/20-
30/6/21 164 280 038 285 648 168 5610
1/7/21-
31/3/22 164 284 238 289 932 168 5 694 x 9/12
= 4 270.50
1/4/22-
30/6/22 164 292 764 298 629 168 5 865 x 3/12
= 1 466.25
1/7/22-
31/3/23 167 297 156 303 111 171 5955 x 9/12
= 4466.25
1/4/23-
30/6/23 167 323187 329 337 171 6150 x 3/12
= 1537.50
1/7/23-
31/3/24 170 327 819 334 086 174 6267 x 9/12
= 4700.25
1/4/24-
30/6/24 170 343 227 349 788 174 6561 x3/12
= 1640.25
TOTAL
R 26 028,50



33.2 Bonus Shortfall:

R 26 028,50 x 1/24 = R 1 084.52


33.3 Recognition of improvement of REQV level (PAM Chapter B. 10.2.5):

10% x R 332 046 = R 33 204.60

34. The applicant is entitled an amount of R 60 317.62 (R 26 028,50 + R 1084.52 + R 33 204,60).

35. In CUSA v Tao Ying Metal Industries and Other [2009] 1 BLLR 1 (CC) at paras [55] and [56],
the Constitutional Court emphasized the importance and the rights that Collective Agreements give
effect to as follows:

‘[55] The issues raised in this case are matters of public interest. This case also concerns the en-forcement of a bargaining council agreement which sets out minimum wages and other conditions of employment and requires us to apply the provisions of the LRA. The right of every trade union and every employers’ organisation and employer to engage in collective bargaining is entrenched in sec-tion 23(5) of the Constitution. The concomitant of the right to engage in collective bargaining is the right to insist on compliance with the provisions of the collective agreement which is the product of the collective bargaining process.

[56] Compliance with a collective bargaining agreement is crucial not only to the right to bargain col-lectively through the forum constituted by the bargaining council, but it is also crucial to the sanctity of collective bargaining agreements. The right to engage in collective bargaining and to enforce the provisions of a collective agreement is an especially important right for the workers who are generally powerless to bargain individually over wages and conditions of employment. The enforcement of col-lective agreements is vital to industrial peace and it is indeed crucial to the achievement of fair labour practices which is constitutionally entrenched. The enforcement of these agreements is indeed cru-cial to a society which, like ours, is founded on the rule of law.’

36. The Respondent must comply with the terms and conditions of the collective agreements.


I therefore make the following ruling:

AWARD

37. The Respondent, Department of Education-EC is ordered to pay the Applicant, Loretta Coetzee,
(persal number: 56374798) the amount of R 60 317.62 (Sixty-Thousand-Three-Hundred and

Seventeen Rand and Sixty-Two Cents, calculated [ R 26 028,50: Recognition of previous experience

+ Bonus short fall: R 1084.52 + Improvement of REQV level: R 33 204,60).

38. The above-mentioned amount of R 60 317,62 must be paid by the Respondent to the Applicant by
no later than 31 October 2024 and will be subject to normal statutory deductions.

39. The Head of The Department of Education-EC, (HOD) is ordered to ensure that payment of
R60 317,62 is effected to the Applicant, Loretta Coetzee (persal number: 56374798) as ordered.

Commissioner: Hadley Saayman
Sector: Education