PSES 212-19/20 EC
PSES 212-19/20 EC
Award Date:
29 January 2020
Case Number: PSES 212-19/20 EC
Province: Eastern Cape
Applicant: NAPTOSA obo Simons & 2 Others
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: District Offices of the Department of Education in Port Elizabeth.
Award Date: 29 January 2020
Arbitrator: Hadley Saayman
Case Number: PSES 212-19/20 EC
Commissioner: Hadley Saayman
Date : 29 January 2020
In the ARBITRATION between
(Union/Applicant)
NAPTOSA obo Simons & 2 Others
And
Department of Education –Eastern Cape
(Respondent)
Applicant’s representative: Mr A Adams
Applicant’s address: 28 6th Avenue
Newton park
Port Elizabeth
6036
Telephone: 041- 364 0399
Telefax:
E-mail: antona@naptosa.org.za
Respondent’s representative: Ms A Slabbert/ Ms M Coetzee
Respondent’s address: Department of Education-EC
Private Bag X0032
Bisho
5606
Telephone: 040 608 4540
Telefax: 040 608 4313
E-mail:
DETAILS OF HEARING AND REPRESENTATION
1. The matter came before the ELRC in terms of Section 24(5) of the Labour Relations Act, 66 of 1995 read with Clause 69 of Part C; Dispute Resolution Procedures of the ELRC Constitution (ELRC Collective Agreement No. 6 of 2016) and was set down for Arbitration on 25 October 2019 at the District Offices of the Department of Education in Port Elizabeth.
2. The Applicants were represented by Mr A. Adams, a Senior Executive Officer of NAPTOSA.
3. The Respondent was represented by Ms A. Slabbert, a Labour Relations Officer and Ms M Coetzee,
a Senior Education Specialist.
BACKGROUND TO THE DISPUTE:
4. The applicants referred the matter to the ELRC, claiming that the Respondent failed to effect to
them their salary progression payment as agreed by collective agreement 1 of 2012.
5. The matter was previously postponed in order to grant the parties an opportunity to meet and discuss
whether there were any outstanding documents that delayed finalisation herein.
6. The parties met and consensus on crucial issues could be reached. It was agreed that the matter of
Mr J Bell be separated, because a pending transaction on the system in respect of Mr Bell, delays
the calculations herein.
ISSUE TO BE DECIDED
7. I must decide whether the applicants F. Simons and W. Willis are entitled to IQMS salary
progression.
SURVEY OF EVIDENCE
8. This is a summary of evidence considered, as provided for in terms of Section 138(7)(a) of the Act,
relevant to the dispute at hand.
ANALYSIS OF EVIDENCE AND ARGUMENTS
9. The IQMS (ELRC Collective Agreement No. 8 of 2003) forms part of the broader framework of performance management – promotes accountability of teachers and schools.
10. The purpose of Performance Measurement (PM) is to evaluate individual teachers for salary progression, grade progression, affirmation of appointments and rewards and incentives.
11. For purposes of pay or grade progression total scores must be calculated. The final score (total) is used to arrive at an overall rating. The rating can be adjusted upwards taking contextual factors into account such as the lack of opportunities for development, lack of INSET provided by the District/Local Departmental office or lack of support and mentoring within the school. A scoring sheet is attached at the end of the instrument to be used for this purpose. The completed score sheet should be submitted to Persal for data-capturing after the summative evaluation at the end of the year.
12. 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.
13. It was common cause that the applicants were evaluated or assessed, and their score sheets were duly submitted to the Respondent after the summative evaluation,
14. It was also common cause that the IQMS section has uploaded the applicants’ s scores on the persal-system for data-capturing.
15. The Respondent submitted that salary progression can only be effected, if the Provincial office provide an exception report.
16. It was further common cause that the applicants have obtained the minimum scores and there
fore qualified for salary progression.
17. 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 enforcement 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 section 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 collectively 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 collective 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 crucial to a society which, like ours, is founded on the rule of law.’
18. The respondent must comply with the terms and conditions in the collective agreement.
19. Considering all the above, the applicant, F Simons (persal no. 50430912) is entitled to salary
progression for the Period 1July 2016 - 31 October 2019 and is entitled to an amount of
R13 026,00 (Thirteen Thousand and Twenty-Six Rand), subject to verification by the finance
section of the Department of Education.
20. The applicant, W. Willis (persal no. 53120418) is entitled to salary progression for the period 1
July 2016- 30 September 2017 an is entitled an amount of R 3 753,00 (Three Thousand Seven
Hundred and Fifty-Three Rand), subject to verification by the finance section of the Department
of Education.
AWARD
21. The Respondent, Department of Education-EC is ordered to pay the calculated amounts to the
respective applicants as follows:
22. F. Simons (persal no. 50430912) salary progression for the period 1July 2016 - 31 October
2019 in the amount of R13 026,00 (Thirteen Thousand and Twenty-Six Rand).
23. W. Willis (persal no. 53120418) is entitled to salary progression for the period 1 July 2016 - 30
September 2017 an amount of R 3 753,00 (Three Thousand Seven Hundred and Fifty-Three
Rand).
24. The above-mentioned amounts would be subjected to normal statutory deductions.
25. The Department of Education must be effect payment to the applicants by no later than
20 March 2020. The Head of Department must ensure that payment herein is effected as
directed.Signature:
Commissioner: Hadley Saayman
Sector:Education
Province: Eastern Cape
Applicant: NAPTOSA obo Simons & 2 Others
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: District Offices of the Department of Education in Port Elizabeth.
Award Date: 29 January 2020
Arbitrator: Hadley Saayman
Case Number: PSES 212-19/20 EC
Commissioner: Hadley Saayman
Date : 29 January 2020
In the ARBITRATION between
(Union/Applicant)
NAPTOSA obo Simons & 2 Others
And
Department of Education –Eastern Cape
(Respondent)
Applicant’s representative: Mr A Adams
Applicant’s address: 28 6th Avenue
Newton park
Port Elizabeth
6036
Telephone: 041- 364 0399
Telefax:
E-mail: antona@naptosa.org.za
Respondent’s representative: Ms A Slabbert/ Ms M Coetzee
Respondent’s address: Department of Education-EC
Private Bag X0032
Bisho
5606
Telephone: 040 608 4540
Telefax: 040 608 4313
E-mail:
DETAILS OF HEARING AND REPRESENTATION
1. The matter came before the ELRC in terms of Section 24(5) of the Labour Relations Act, 66 of 1995 read with Clause 69 of Part C; Dispute Resolution Procedures of the ELRC Constitution (ELRC Collective Agreement No. 6 of 2016) and was set down for Arbitration on 25 October 2019 at the District Offices of the Department of Education in Port Elizabeth.
2. The Applicants were represented by Mr A. Adams, a Senior Executive Officer of NAPTOSA.
3. The Respondent was represented by Ms A. Slabbert, a Labour Relations Officer and Ms M Coetzee,
a Senior Education Specialist.
BACKGROUND TO THE DISPUTE:
4. The applicants referred the matter to the ELRC, claiming that the Respondent failed to effect to
them their salary progression payment as agreed by collective agreement 1 of 2012.
5. The matter was previously postponed in order to grant the parties an opportunity to meet and discuss
whether there were any outstanding documents that delayed finalisation herein.
6. The parties met and consensus on crucial issues could be reached. It was agreed that the matter of
Mr J Bell be separated, because a pending transaction on the system in respect of Mr Bell, delays
the calculations herein.
ISSUE TO BE DECIDED
7. I must decide whether the applicants F. Simons and W. Willis are entitled to IQMS salary
progression.
SURVEY OF EVIDENCE
8. This is a summary of evidence considered, as provided for in terms of Section 138(7)(a) of the Act,
relevant to the dispute at hand.
ANALYSIS OF EVIDENCE AND ARGUMENTS
9. The IQMS (ELRC Collective Agreement No. 8 of 2003) forms part of the broader framework of performance management – promotes accountability of teachers and schools.
10. The purpose of Performance Measurement (PM) is to evaluate individual teachers for salary progression, grade progression, affirmation of appointments and rewards and incentives.
11. For purposes of pay or grade progression total scores must be calculated. The final score (total) is used to arrive at an overall rating. The rating can be adjusted upwards taking contextual factors into account such as the lack of opportunities for development, lack of INSET provided by the District/Local Departmental office or lack of support and mentoring within the school. A scoring sheet is attached at the end of the instrument to be used for this purpose. The completed score sheet should be submitted to Persal for data-capturing after the summative evaluation at the end of the year.
12. 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.
13. It was common cause that the applicants were evaluated or assessed, and their score sheets were duly submitted to the Respondent after the summative evaluation,
14. It was also common cause that the IQMS section has uploaded the applicants’ s scores on the persal-system for data-capturing.
15. The Respondent submitted that salary progression can only be effected, if the Provincial office provide an exception report.
16. It was further common cause that the applicants have obtained the minimum scores and there
fore qualified for salary progression.
17. 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 enforcement 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 section 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 collectively 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 collective 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 crucial to a society which, like ours, is founded on the rule of law.’
18. The respondent must comply with the terms and conditions in the collective agreement.
19. Considering all the above, the applicant, F Simons (persal no. 50430912) is entitled to salary
progression for the Period 1July 2016 - 31 October 2019 and is entitled to an amount of
R13 026,00 (Thirteen Thousand and Twenty-Six Rand), subject to verification by the finance
section of the Department of Education.
20. The applicant, W. Willis (persal no. 53120418) is entitled to salary progression for the period 1
July 2016- 30 September 2017 an is entitled an amount of R 3 753,00 (Three Thousand Seven
Hundred and Fifty-Three Rand), subject to verification by the finance section of the Department
of Education.
AWARD
21. The Respondent, Department of Education-EC is ordered to pay the calculated amounts to the
respective applicants as follows:
22. F. Simons (persal no. 50430912) salary progression for the period 1July 2016 - 31 October
2019 in the amount of R13 026,00 (Thirteen Thousand and Twenty-Six Rand).
23. W. Willis (persal no. 53120418) is entitled to salary progression for the period 1 July 2016 - 30
September 2017 an amount of R 3 753,00 (Three Thousand Seven Hundred and Fifty-Three
Rand).
24. The above-mentioned amounts would be subjected to normal statutory deductions.
25. The Department of Education must be effect payment to the applicants by no later than
20 March 2020. The Head of Department must ensure that payment herein is effected as
directed.Signature:
Commissioner: Hadley Saayman
Sector:Education