ELRC1080-19/20EC
ELRC1080-19/20EC
Award Date:
20 January 2021
Case Number: ELRC1080-19/20EC
Province: Eastern Cape
Applicant: NAPTOSA OBO K LEPPAN AND 4 OTHERS
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Virtually
Award Date: 20 January 2021
Arbitrator: L.CHAROUX
Arbitrator: L.CHAROUX
Case Reference no: ELRC1080-19/20EC
Date of Award : 20 January 2021
NAPTOSA OBO K LEPPAN AND 4 OTHERS APPLICANTS
AND
DEPARTMENT OF EDUCATION EASTERN CAPE RESPONDENT
Applicants’ representative: Mr A Adams of NAPTOSA
e-mail: antona@naptosa.org.za
Respondent’s representative: Mr L Eskok of the DOE EC
lesley.eskok@ecdoe.gov.za
lesley.eskok@webmail.co.za
DETAILS OF HEARING AND REPRESENTATION
1. The matter was set down for an arbitration hearing via ZOOM on 29 October 2020. The Applicants were represented by Mr A Adams of NAPTOSA. The Respondent was represented by Mr L Eskok of the DOE EC.
2. The Applicants referred an alleged unfair labour practice relating to benefits to the ELRC on 24 February 2020.
3. The parties agreed that no evidence was required. Both parties presented written arguments that I received on 5 November 2020 and 24 November 2020 respectively. I required additional documentation from the Applicants which I received on 30 November 2020.
ISSUES TO BE DECIDED
4. Whether the Respondent committed an Unfair Labour Practice related to benefits.
COMMON CAUSE FACTS
5. During 2018/2019 the Applicants applied for study bursaries via the NMB District Office for further studies at the North West University (“NWU”).
6. The Applicants’ bursaries were approved by the NMB District Director on 22 May 2019 and the Provincial Director on 28 May 2019.
7. The Applicants signed a contract with the HOD for the acceptance of the bursaries.
8. To date the DOE EC have not paid the bursaries.
9. The Applicants lodged grievances on various dates demanding payments or refunds of monies due to them. To date their grievances have not been resolved.
SUBMISSIONS
10. Applicants’ submissions
• The Respondent failed to pay out their bursaries.
• The Applicants paid their University fees out of their own pockets.
• The Applicants are requesting the Respondent to refund them their bursary payments.
11. Respondent’s submissions
Mr Eskok submitted that he attempted to obtain answers from the Provincial Office as well as the NWU without success.
ANALYSIS OF SUBMISSIONS
12. The Respondent committed an unfair labour practice relating to benefits against the Applicants by failing to pay them their bursaries.
13. The bursaries are for the amount of R16,000.00 to each of the Applicants.
AWARD
14. The Respondent is ordered to pay the following amounts to the Applicants on or before 30 January 2021:
Ms K T Leppan: R16, 000.00
Ms J D Edwards: R16,000.00
Ms R V Arnolds: R16,000.00
Ms G Lucas: R16,000.00
Ms B J Nkatsha Ntshula: R16,000.00
SIGNED AND DATED ON 20 JANUARY 2021
ADVOCATE L CHAROUX
ELRC COMMISSIONER
Province: Eastern Cape
Applicant: NAPTOSA OBO K LEPPAN AND 4 OTHERS
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Virtually
Award Date: 20 January 2021
Arbitrator: L.CHAROUX
Arbitrator: L.CHAROUX
Case Reference no: ELRC1080-19/20EC
Date of Award : 20 January 2021
NAPTOSA OBO K LEPPAN AND 4 OTHERS APPLICANTS
AND
DEPARTMENT OF EDUCATION EASTERN CAPE RESPONDENT
Applicants’ representative: Mr A Adams of NAPTOSA
e-mail: antona@naptosa.org.za
Respondent’s representative: Mr L Eskok of the DOE EC
lesley.eskok@ecdoe.gov.za
lesley.eskok@webmail.co.za
DETAILS OF HEARING AND REPRESENTATION
1. The matter was set down for an arbitration hearing via ZOOM on 29 October 2020. The Applicants were represented by Mr A Adams of NAPTOSA. The Respondent was represented by Mr L Eskok of the DOE EC.
2. The Applicants referred an alleged unfair labour practice relating to benefits to the ELRC on 24 February 2020.
3. The parties agreed that no evidence was required. Both parties presented written arguments that I received on 5 November 2020 and 24 November 2020 respectively. I required additional documentation from the Applicants which I received on 30 November 2020.
ISSUES TO BE DECIDED
4. Whether the Respondent committed an Unfair Labour Practice related to benefits.
COMMON CAUSE FACTS
5. During 2018/2019 the Applicants applied for study bursaries via the NMB District Office for further studies at the North West University (“NWU”).
6. The Applicants’ bursaries were approved by the NMB District Director on 22 May 2019 and the Provincial Director on 28 May 2019.
7. The Applicants signed a contract with the HOD for the acceptance of the bursaries.
8. To date the DOE EC have not paid the bursaries.
9. The Applicants lodged grievances on various dates demanding payments or refunds of monies due to them. To date their grievances have not been resolved.
SUBMISSIONS
10. Applicants’ submissions
• The Respondent failed to pay out their bursaries.
• The Applicants paid their University fees out of their own pockets.
• The Applicants are requesting the Respondent to refund them their bursary payments.
11. Respondent’s submissions
Mr Eskok submitted that he attempted to obtain answers from the Provincial Office as well as the NWU without success.
ANALYSIS OF SUBMISSIONS
12. The Respondent committed an unfair labour practice relating to benefits against the Applicants by failing to pay them their bursaries.
13. The bursaries are for the amount of R16,000.00 to each of the Applicants.
AWARD
14. The Respondent is ordered to pay the following amounts to the Applicants on or before 30 January 2021:
Ms K T Leppan: R16, 000.00
Ms J D Edwards: R16,000.00
Ms R V Arnolds: R16,000.00
Ms G Lucas: R16,000.00
Ms B J Nkatsha Ntshula: R16,000.00
SIGNED AND DATED ON 20 JANUARY 2021
ADVOCATE L CHAROUX
ELRC COMMISSIONER