PSES 136 KZN
PSES 136 KZN
Award Date:
Case Number: PSES 136 KZN
Province: KwaZulu-Natal
Applicant: H A MOTTIAN
Respondent: DEPARTMENT OF EDUCATION
Issue: Unfair Dismissal - Constructive Dismissal
Arbitrator: S BOBAT
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 136 KZN
In the arbitration between:
H A MOTTIAN APPLICANT
and
DEPARTMENT OF EDUCATION RESPONDENT
ARBITRATION AWARD
1 . REPRESENTATION
The Applicant was represented by Mr Pierce (APEK) and the Respondent was represented by Mr Nbidi, from the Department.
2 . ISSUE
The Post 1110 is in dispute. Applicant was offered the post by the Governing Body. He duly accepted on the 1 July 99. Another application was made by educator Mr Padayachee with regards to the same Post No 1110. As a result of the dispute being declared, an appointment was not effected. The Padayachee matter went through to Arbitration and an award was made dated 6 April 2000 by Mr Rajah Naidoo. He ruled that the short-listed candidate for the post must be re-interviewed. Applicant the Applicant in this arbitration was a short-listed candidate.
3 . THE DEPARTMENT SUBMISSION
Post No 1110 is in dispute and the Respondent is compelled to act by Mr Rajah Naidoo’s award which states that short-listed candidates must be re-interviewed. The Respondent further submitted that the recourse that Applicant has is to take the award on review should he not want to submit himself for a re-interview.
4 . THE UNION’S SUBMISSION
The Union argued that the ELRC must have been aware that an award was given but still registered Applicant’s dispute and hence this gives credence to the legitimacy of Applicant’s dispute.
5 . ASSESSMENT OF EVIDENCE
An award with regards to Post 1110 has already been given and therefore has to take its course. Should an Applicant dispute this award, the normal course of action would be to take the award on review. The registration of Applicant’s dispute by the ELRC, is viewed as providing Applicant with his right to declare a dispute.
6 . RULING
.1 The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.
.2 The matter cannot be arbitrated for the second time.
S BOBAT
ARBITRATOR
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 136 KZN
APPLICANT H A MOTTIAN
RESPONDENT DEPARTMENT OF EDUCATION
NATURE APPOINTMENT
ARBITRATOR S BOBAT
DATE OF ARBITRATION
VENUE
REPRESENTATION:
APPLICANT MR PIERCE (APEK)
RESPONDENT MR NBIDI
AWARD:
1. The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.
2. The matter cannot be arbitrated for the second time.
DATE OF AWARD
Province: KwaZulu-Natal
Applicant: H A MOTTIAN
Respondent: DEPARTMENT OF EDUCATION
Issue: Unfair Dismissal - Constructive Dismissal
Arbitrator: S BOBAT
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 136 KZN
In the arbitration between:
H A MOTTIAN APPLICANT
and
DEPARTMENT OF EDUCATION RESPONDENT
ARBITRATION AWARD
1 . REPRESENTATION
The Applicant was represented by Mr Pierce (APEK) and the Respondent was represented by Mr Nbidi, from the Department.
2 . ISSUE
The Post 1110 is in dispute. Applicant was offered the post by the Governing Body. He duly accepted on the 1 July 99. Another application was made by educator Mr Padayachee with regards to the same Post No 1110. As a result of the dispute being declared, an appointment was not effected. The Padayachee matter went through to Arbitration and an award was made dated 6 April 2000 by Mr Rajah Naidoo. He ruled that the short-listed candidate for the post must be re-interviewed. Applicant the Applicant in this arbitration was a short-listed candidate.
3 . THE DEPARTMENT SUBMISSION
Post No 1110 is in dispute and the Respondent is compelled to act by Mr Rajah Naidoo’s award which states that short-listed candidates must be re-interviewed. The Respondent further submitted that the recourse that Applicant has is to take the award on review should he not want to submit himself for a re-interview.
4 . THE UNION’S SUBMISSION
The Union argued that the ELRC must have been aware that an award was given but still registered Applicant’s dispute and hence this gives credence to the legitimacy of Applicant’s dispute.
5 . ASSESSMENT OF EVIDENCE
An award with regards to Post 1110 has already been given and therefore has to take its course. Should an Applicant dispute this award, the normal course of action would be to take the award on review. The registration of Applicant’s dispute by the ELRC, is viewed as providing Applicant with his right to declare a dispute.
6 . RULING
.1 The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.
.2 The matter cannot be arbitrated for the second time.
S BOBAT
ARBITRATOR
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 136 KZN
APPLICANT H A MOTTIAN
RESPONDENT DEPARTMENT OF EDUCATION
NATURE APPOINTMENT
ARBITRATOR S BOBAT
DATE OF ARBITRATION
VENUE
REPRESENTATION:
APPLICANT MR PIERCE (APEK)
RESPONDENT MR NBIDI
AWARD:
1. The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.
2. The matter cannot be arbitrated for the second time.
DATE OF AWARD