PSES513-19/20EC
PSES513-19/20EC
Award Date:
28 January 2020
Case Number: PSES513-19/20EC
Province: Eastern Cape
Applicant: Mr Odendaal and 4 Others
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Chris Hani West District in Komani.
Award Date: 28 January 2020
Arbitrator: Thobela Ncetezo
Case Number: PSES513-19/20EC
Commissioner: Thobela Ncetezo
Date of Award: 28 January 2020
In the ARBITRATION between
Mr Odendaal and 4 Others
(Union/Applicant)
And
Union/Applicant’s representative: Mrs van Wyk (SAOU)
Union/Applicant’s address: Koraalsingel 20
Grootbakrivier
6525
Telephone:
Telefax:
E-mail: venitavw@saou.co.za
Respondent’s representative: Mr Kwepile
Respondent’s address: Private Bag x 0032
Bisho
5606
Telephone: 040 608 4540/4203
Telefax: 040 608 445-8431, 040 654 1861
E-mail: Tanduxolo.dabi@edu.ecprov.gov.za
Details of hearing and representation
1. This dispute was set down for arbitration on 10 December 2019 at the Chris Hani West District in Komani. Mrs van Wyk who is a SAOU official represented the applicants. The respondent, Department of Education – Eastern Cape, was represented by Mr Mandla Kwepile who is employed as Chief Education Specialist: HRD & Labour Relations.
2. The proceedings which were digitally recorded were conducted in English. The applicants agreed that Mrs Blume will testify on their behalf and such was confirmed on record. The applicant testified under oath and submitted bundle of documents relating to their claim and it was accepted by the respondent.
Issue to be decided
3. I am required to decide whether the applicants are entitled to be paid for leave days which were not paid to then at the time of their retirement.
Survey of evidence
Applicants’ case
4. The testimony of the applicants, under the testimony of Mrs Nicoline Blume, was that they were employed by the respondent as educators at different schools in Cradock and retired on 31 December 2018. It was testified that Mrs Odendaal is deceased and the executor of her estate is Mr Odendaal (pages 21 & 23) of the applicants’ bundle. At the time of their retirement they all had capped leave that was not paid at the time of their retirement Their monthly salaries and capped leave credits at the time of retirement were as follows:
4.1 Mr Odendaal earned R37 398.25 with 134.14 capped leave days at retirement.
4.2 Mrs. Odendaal earned R32 860.00 per month with 113.14 capped leave days at retirement and pro rata bonus of 11 months
4.3 Mrs Ferreira earned R32 639.75 per month with 65.71 capped leave days at retirement.
4.4 Mrs Blume earned R14 904.00 per month with 35.57 at retirement
4.5 Mr Blume earned R15 126.75 per month with 95.91 capped leave days at retirement.
5. The respondent’s representative waived his right to cross-examine the applicants and stated that the evidence of the applicants is not disputed and they do not intend to defend the case against the department but will only verify the leave days from the system and send it to the ELRC.
Analysis of evidence
6. This dispute referred by the applicant related to the leave days that were not paid to them at the time of their retirement, the entitlement of which is regulated by the Basic Conditions of Employment Act 75 of 1997, as amended. The respondent did not deny that the applicants had capped leave days that were not paid out on their retirement in 2018. The only issue that the respondent requested to confirm after the arbitration hearing was the accuracy of the leave days that the applicants claimed to be entitled to. The employer’s representative also undertook to send confirmation of the number of days as reflected in the respondent’s system, which was done. There was no correspondence received from the applicants to dispute the leave days reflected in the documents that were sent by the respondent. I accordingly make the following award:
Award
7. The respondent, Department of Education – Eastern Cape is ordered to pay the applicants the amounts stated hereunder, which have been calculated according to their daily rates that are based on their monthly salaries:
7.1 Mr Odendaal R231 713.45. R37 398.25/4.33 = R8637.00/5 = R1727.40. R1727.40 x 134.14 =R231 713.45.
7.2 Mrs. Odendaal R171 653.75. She earned R32 860.00 per month with 113.14 capped leave days at retirement 32 860.00 /4.33 = R7 588.91/5 = R1 517.78. R1517.78 x 113.14 = R171 653.75. In addition to this R171 653.75 the respondent must further pay to the applicant a pro rata bonus of eleven months that the applicant should have received prior to her retirements. These amounts must be paid to her estate as she is deceased.
7.3 Mrs Ferreira R99 064.39. She earned R32 639.75/4.33 = R7538.04/5 = R1507.60 x 65.71 = R99 064.39.
7.4 Mrs Blume R24 486.61. She earned R14 904.00/4.33 = R3 442.03/5 = R688.40 x 35.57 = R24 486.61.
7.5 Mr Blume R67 011.35. R15 126.75/4.33 = R3493.47/5 = R698.69 x 95.91 = R67 011.35.
8. The amounts awarded to the applicant in terms of the above paragraph must be paid to the applicants by no later than 18 February 2020, failing which the above amounts shall bear interests from the date of this award to the date of payment at the rate of interest applicable from time to time to judgement debts.
.Signature:
Arbitrator: Thobela Ncetezo
Sector: Education
Province: Eastern Cape
Applicant: Mr Odendaal and 4 Others
Respondent: Department of Education Eastern Cape
Issue: Unfair Labour Practice - Provision of Benefits
Venue: Chris Hani West District in Komani.
Award Date: 28 January 2020
Arbitrator: Thobela Ncetezo
Case Number: PSES513-19/20EC
Commissioner: Thobela Ncetezo
Date of Award: 28 January 2020
In the ARBITRATION between
Mr Odendaal and 4 Others
(Union/Applicant)
And
Union/Applicant’s representative: Mrs van Wyk (SAOU)
Union/Applicant’s address: Koraalsingel 20
Grootbakrivier
6525
Telephone:
Telefax:
E-mail: venitavw@saou.co.za
Respondent’s representative: Mr Kwepile
Respondent’s address: Private Bag x 0032
Bisho
5606
Telephone: 040 608 4540/4203
Telefax: 040 608 445-8431, 040 654 1861
E-mail: Tanduxolo.dabi@edu.ecprov.gov.za
Details of hearing and representation
1. This dispute was set down for arbitration on 10 December 2019 at the Chris Hani West District in Komani. Mrs van Wyk who is a SAOU official represented the applicants. The respondent, Department of Education – Eastern Cape, was represented by Mr Mandla Kwepile who is employed as Chief Education Specialist: HRD & Labour Relations.
2. The proceedings which were digitally recorded were conducted in English. The applicants agreed that Mrs Blume will testify on their behalf and such was confirmed on record. The applicant testified under oath and submitted bundle of documents relating to their claim and it was accepted by the respondent.
Issue to be decided
3. I am required to decide whether the applicants are entitled to be paid for leave days which were not paid to then at the time of their retirement.
Survey of evidence
Applicants’ case
4. The testimony of the applicants, under the testimony of Mrs Nicoline Blume, was that they were employed by the respondent as educators at different schools in Cradock and retired on 31 December 2018. It was testified that Mrs Odendaal is deceased and the executor of her estate is Mr Odendaal (pages 21 & 23) of the applicants’ bundle. At the time of their retirement they all had capped leave that was not paid at the time of their retirement Their monthly salaries and capped leave credits at the time of retirement were as follows:
4.1 Mr Odendaal earned R37 398.25 with 134.14 capped leave days at retirement.
4.2 Mrs. Odendaal earned R32 860.00 per month with 113.14 capped leave days at retirement and pro rata bonus of 11 months
4.3 Mrs Ferreira earned R32 639.75 per month with 65.71 capped leave days at retirement.
4.4 Mrs Blume earned R14 904.00 per month with 35.57 at retirement
4.5 Mr Blume earned R15 126.75 per month with 95.91 capped leave days at retirement.
5. The respondent’s representative waived his right to cross-examine the applicants and stated that the evidence of the applicants is not disputed and they do not intend to defend the case against the department but will only verify the leave days from the system and send it to the ELRC.
Analysis of evidence
6. This dispute referred by the applicant related to the leave days that were not paid to them at the time of their retirement, the entitlement of which is regulated by the Basic Conditions of Employment Act 75 of 1997, as amended. The respondent did not deny that the applicants had capped leave days that were not paid out on their retirement in 2018. The only issue that the respondent requested to confirm after the arbitration hearing was the accuracy of the leave days that the applicants claimed to be entitled to. The employer’s representative also undertook to send confirmation of the number of days as reflected in the respondent’s system, which was done. There was no correspondence received from the applicants to dispute the leave days reflected in the documents that were sent by the respondent. I accordingly make the following award:
Award
7. The respondent, Department of Education – Eastern Cape is ordered to pay the applicants the amounts stated hereunder, which have been calculated according to their daily rates that are based on their monthly salaries:
7.1 Mr Odendaal R231 713.45. R37 398.25/4.33 = R8637.00/5 = R1727.40. R1727.40 x 134.14 =R231 713.45.
7.2 Mrs. Odendaal R171 653.75. She earned R32 860.00 per month with 113.14 capped leave days at retirement 32 860.00 /4.33 = R7 588.91/5 = R1 517.78. R1517.78 x 113.14 = R171 653.75. In addition to this R171 653.75 the respondent must further pay to the applicant a pro rata bonus of eleven months that the applicant should have received prior to her retirements. These amounts must be paid to her estate as she is deceased.
7.3 Mrs Ferreira R99 064.39. She earned R32 639.75/4.33 = R7538.04/5 = R1507.60 x 65.71 = R99 064.39.
7.4 Mrs Blume R24 486.61. She earned R14 904.00/4.33 = R3 442.03/5 = R688.40 x 35.57 = R24 486.61.
7.5 Mr Blume R67 011.35. R15 126.75/4.33 = R3493.47/5 = R698.69 x 95.91 = R67 011.35.
8. The amounts awarded to the applicant in terms of the above paragraph must be paid to the applicants by no later than 18 February 2020, failing which the above amounts shall bear interests from the date of this award to the date of payment at the rate of interest applicable from time to time to judgement debts.
.Signature:
Arbitrator: Thobela Ncetezo
Sector: Education