PSES 234-03/04 LP
PSES 234-03/04 LP
Award Date:
9 December 2004
Case Number: PSES 234-03/04 LP
Province: Limpopo
Applicant: M MANDIWANA
Respondent: DEPARTMENT OF EDUCATION LP
Issue: Unfair Dismissal - Misconduct
Venue: POLOKWANE
Award Date: 9 December 2004
Arbitrator: J LE ROUX
EDUCATION LABOUR RELATIONS COUNCIL
PSES 234-03/04
IN THE ARBITRATION BETWEEN:
M MANDIWANA APPLICANT
AND
LIMPOPO DEPARTMENT OF EDUCATION RESPONDENT
AWARD
This arbitration was heard on 25 November 2004 at the offices of the Limpopo Department of Education. M Mandiwana (applicant) was represented by Mr. Munengwane a NAPTOSA union official. Mr. Maseko represented the Limpopo Department of Education (the department or employer).
Issue
The only issue to determine was whether or not the sanction of dismissal was the appropriate sanction in the circumstances of the agreed facts.
Agreed facts
The applicant pleaded guilty, in the disciplinary enquiry, on 5 charges. Count one related to the mismanagement of school finances to the tune of R2038.00. Count two related to the mismanagement of Food Aid money to the tune of R3500.00. Count three related to the applicant instructing grade R parents to contribute R60.00 without obtaining approval from the SGB. In terms of count four she obtained books from a bookshop without authority of the SGB, then she failed to pay the shop, resulting in the school being summonsed.
In mitigation the representative argued the following:
The applicant was principal of Mbahela Primary School for the past 13 years and never conducted herself wrongly. She never received training in the administration of school funds and she pleaded guilty as an indication of her “readiness to conform”.
In aggravation Mr. Maseko gave a background to the misconduct.
The applicant collected money from learners without consent from the SGB – the money was meant for a school trip, but when the R2038.00 needed to be paid, it was not available. She then made use of Food Aid money to pay for the trip. Only R2038.00 was needed but she managed to withdraw R3500.00. Food Aid money may only be used for food aid.
She took books from a local bookshop under the pretext that she would repay the shop. Then contrary to policy she sold the books to learners, but she was still unable to repay the bookshop. This inability resulted in the school being sued by the bookshop to pay the outstanding amount.
Analysis
To collect money for a school trip without consent of the SGB could still be understood. It would be to the benefit of the learners. But in this case the money collected was not available to pay for the trip. The applicant gave no explanation as to where that money went to and must accept that she utilized it for her own benefit as suggested by Mr. Maseko. It could still be accepted that Food Aid money be used for the benefit of learners on a school trip, but it was unexplained and unacceptable that she withdrew more money than what was needed for the trip. That additional amount was not explained.
Charges one and two was of such a serious nature that I find it unnecessary to even look at the other charges.
Dismissal was the appropriate sanction in this matter.
Award
My award, accordingly, is as follows;
1. Dismissal was the appropriate sanction in the circumstances of this case.
2. I confirm the dismissal as imposed by the presiding officer.
DATED AT POLOKWANE THIS 9TH DAY OF DECEMBER 2004
J LE ROUX
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 234-03/04 LP
APPLICANT M MANDIWANA
RESPONDENT DEPARTMENT OF EDUCATION LP
NATURE DISMISSAL
ARBITRATOR J LE ROUX
DATE OF ARBITRATION 25 NOVEMBER 2004
VENUE POLOKWANE
REPRESENTATION:
APPLICANT MR MUNENGWANE (NAPTOSA)
RESPONDENT MR MASEKO
AWARD:
1. Dismissal was the appropriate sanction in the circumstances of this case.
2. I confirm the dismissal as imposed by the presiding officer.
DATE OF AWARD 9 DECEMBER 2004
Province: Limpopo
Applicant: M MANDIWANA
Respondent: DEPARTMENT OF EDUCATION LP
Issue: Unfair Dismissal - Misconduct
Venue: POLOKWANE
Award Date: 9 December 2004
Arbitrator: J LE ROUX
EDUCATION LABOUR RELATIONS COUNCIL
PSES 234-03/04
IN THE ARBITRATION BETWEEN:
M MANDIWANA APPLICANT
AND
LIMPOPO DEPARTMENT OF EDUCATION RESPONDENT
AWARD
This arbitration was heard on 25 November 2004 at the offices of the Limpopo Department of Education. M Mandiwana (applicant) was represented by Mr. Munengwane a NAPTOSA union official. Mr. Maseko represented the Limpopo Department of Education (the department or employer).
Issue
The only issue to determine was whether or not the sanction of dismissal was the appropriate sanction in the circumstances of the agreed facts.
Agreed facts
The applicant pleaded guilty, in the disciplinary enquiry, on 5 charges. Count one related to the mismanagement of school finances to the tune of R2038.00. Count two related to the mismanagement of Food Aid money to the tune of R3500.00. Count three related to the applicant instructing grade R parents to contribute R60.00 without obtaining approval from the SGB. In terms of count four she obtained books from a bookshop without authority of the SGB, then she failed to pay the shop, resulting in the school being summonsed.
In mitigation the representative argued the following:
The applicant was principal of Mbahela Primary School for the past 13 years and never conducted herself wrongly. She never received training in the administration of school funds and she pleaded guilty as an indication of her “readiness to conform”.
In aggravation Mr. Maseko gave a background to the misconduct.
The applicant collected money from learners without consent from the SGB – the money was meant for a school trip, but when the R2038.00 needed to be paid, it was not available. She then made use of Food Aid money to pay for the trip. Only R2038.00 was needed but she managed to withdraw R3500.00. Food Aid money may only be used for food aid.
She took books from a local bookshop under the pretext that she would repay the shop. Then contrary to policy she sold the books to learners, but she was still unable to repay the bookshop. This inability resulted in the school being sued by the bookshop to pay the outstanding amount.
Analysis
To collect money for a school trip without consent of the SGB could still be understood. It would be to the benefit of the learners. But in this case the money collected was not available to pay for the trip. The applicant gave no explanation as to where that money went to and must accept that she utilized it for her own benefit as suggested by Mr. Maseko. It could still be accepted that Food Aid money be used for the benefit of learners on a school trip, but it was unexplained and unacceptable that she withdrew more money than what was needed for the trip. That additional amount was not explained.
Charges one and two was of such a serious nature that I find it unnecessary to even look at the other charges.
Dismissal was the appropriate sanction in this matter.
Award
My award, accordingly, is as follows;
1. Dismissal was the appropriate sanction in the circumstances of this case.
2. I confirm the dismissal as imposed by the presiding officer.
DATED AT POLOKWANE THIS 9TH DAY OF DECEMBER 2004
J LE ROUX
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 234-03/04 LP
APPLICANT M MANDIWANA
RESPONDENT DEPARTMENT OF EDUCATION LP
NATURE DISMISSAL
ARBITRATOR J LE ROUX
DATE OF ARBITRATION 25 NOVEMBER 2004
VENUE POLOKWANE
REPRESENTATION:
APPLICANT MR MUNENGWANE (NAPTOSA)
RESPONDENT MR MASEKO
AWARD:
1. Dismissal was the appropriate sanction in the circumstances of this case.
2. I confirm the dismissal as imposed by the presiding officer.
DATE OF AWARD 9 DECEMBER 2004