PSES 000093 EC
PSES 000093 EC
Award Date:
15 February 2000
Case Number: PSES 000093 EC
Province: Eastern Cape
Applicant: N C KOCK (SADTU)
Respondent: DEPARTMENT OF EDUCATION EC
Issue: Unfair Dismissal - Constructive Dismissal
Award Date: 15 February 2000
Arbitrator: W P SCHEEPERS
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 000093 EC
In the arbitration between:
N C KOCK (SADTU) APPLICANT
and
DEPARTMENT OF EDUCATION EC RESPONDENT
ARBITRATOR’S AWARD
1 . INTRODUCTION
1 This is a matter referred to concilition/arbitration by the Education Labour Relation Counicl. The conciliation was held at the Western Regional Offices of the emplyer party, Goldern Mile Building, Port Elizabeth.
2 The employer were represented by Mr T Nyati and the grievant by Mr R Pretorius.
2 . CONCILIATION
The matter first came before me as a coniliation which failed as a result of the parties present argreeing that any agreement reached will have a negative effect on third parties who are not present. This will result in ongoing disputes being declared. The parties agreed that the matter should immediately go over to arbitration.
3 .
ARBITRATION
.1 The parties further referred me to an agreement reached between the employer party ans a Mr N N Paulson, an educator in the employer party, on 9 September 1999. It was further brought to my attention that any agreement to be reached by the present parties would have an effect on other parties namely;
Mr N C Kock, Mr N N paulsen, Mr I Hitzeroth, Mr S Blignaut and the principal Mr Van Vuuren.
2 It was further indicated that new evidence came to light which would substantially changed the position of the employer party. It was futher felt that the arbitration proceedings be postponed and the other interested parties be enjoined as interveiwing parties since the result of this arbitration would affect these parties. The parties present further agreed that it might be possible to reach an all inclusive agreement with all the parties concerned.
4 . AGREEMENT/RECOMMENDATIONS
1 That all the interested parties (as referred to above) be informed that this arbitration has been postponed to 21 Feburary 2000 and be informed to attend the arbitration proceedings to be held on the said date.
DATE AT PORT ELIZABETH ON THIS DAY 15 FEBRUARY 2000
W P SCHEEPERS
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES PSES 000093 EC
APPLICANT N C KOCK
RESPONDENT DEPARTMENT OF EDUCATION EC
NATURE CONCILIATION
ARBITRATOR W P SCHEEPERS
DATE OF ARBITRATION 9 FEBRUARY 2000
VENUE
REPRESENTATION:
APPLICANT
RESPONDENT
AWARD:
That all the interested parties (as referred to above) be informed that this arbitration has been postponed to 21 Feburary 2000 and be informed to attend the arbitration proceedings to be held on the said date.
DATE OF AWARD 15 FEBRUARY 2000
Province: Eastern Cape
Applicant: N C KOCK (SADTU)
Respondent: DEPARTMENT OF EDUCATION EC
Issue: Unfair Dismissal - Constructive Dismissal
Award Date: 15 February 2000
Arbitrator: W P SCHEEPERS
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 000093 EC
In the arbitration between:
N C KOCK (SADTU) APPLICANT
and
DEPARTMENT OF EDUCATION EC RESPONDENT
ARBITRATOR’S AWARD
1 . INTRODUCTION
1 This is a matter referred to concilition/arbitration by the Education Labour Relation Counicl. The conciliation was held at the Western Regional Offices of the emplyer party, Goldern Mile Building, Port Elizabeth.
2 The employer were represented by Mr T Nyati and the grievant by Mr R Pretorius.
2 . CONCILIATION
The matter first came before me as a coniliation which failed as a result of the parties present argreeing that any agreement reached will have a negative effect on third parties who are not present. This will result in ongoing disputes being declared. The parties agreed that the matter should immediately go over to arbitration.
3 .
ARBITRATION
.1 The parties further referred me to an agreement reached between the employer party ans a Mr N N Paulson, an educator in the employer party, on 9 September 1999. It was further brought to my attention that any agreement to be reached by the present parties would have an effect on other parties namely;
Mr N C Kock, Mr N N paulsen, Mr I Hitzeroth, Mr S Blignaut and the principal Mr Van Vuuren.
2 It was further indicated that new evidence came to light which would substantially changed the position of the employer party. It was futher felt that the arbitration proceedings be postponed and the other interested parties be enjoined as interveiwing parties since the result of this arbitration would affect these parties. The parties present further agreed that it might be possible to reach an all inclusive agreement with all the parties concerned.
4 . AGREEMENT/RECOMMENDATIONS
1 That all the interested parties (as referred to above) be informed that this arbitration has been postponed to 21 Feburary 2000 and be informed to attend the arbitration proceedings to be held on the said date.
DATE AT PORT ELIZABETH ON THIS DAY 15 FEBRUARY 2000
W P SCHEEPERS
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES PSES 000093 EC
APPLICANT N C KOCK
RESPONDENT DEPARTMENT OF EDUCATION EC
NATURE CONCILIATION
ARBITRATOR W P SCHEEPERS
DATE OF ARBITRATION 9 FEBRUARY 2000
VENUE
REPRESENTATION:
APPLICANT
RESPONDENT
AWARD:
That all the interested parties (as referred to above) be informed that this arbitration has been postponed to 21 Feburary 2000 and be informed to attend the arbitration proceedings to be held on the said date.
DATE OF AWARD 15 FEBRUARY 2000