PSES 11/99 0839 EC
PSES 11/99 0839 EC
Award Date:
6 September 2000
Case Number: PSES 11/99 0839 EC
Province: Eastern Cape
Applicant: J FROST
Respondent: Department of Education
Issue: Unfair Dismissal - Constructive Dismissal
Venue: EAST LONDON
Award Date: 6 September 2000
Arbitrator: J ROBERTSON
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 11/99 0839 EC
In the arbitration between:
J FROST APPLICANT
and
DEPARTMENT OF EDUCATION EASTERN CAPE RESPONDENT
ARBITRATION AWARD
1 . HEARING AND REPRESENTATION
1.1 This matter was heard on 5 September 2000. The hearing took place at the IMSSA Offices 3rd Floor, Cuthberts Building, East London.
1.2 The Department was represented by Ms T Poswa, Legal Administrative Officer Department of Education. The Complainant was represented by Mr P Peach, representative of the South African Union for Vocational and Specialised Education (SAUVSE) Mr J Robertson was the arbitrator.
1.3 Mr Peach, with the agreement of Ms Poswa handed in a bundle of documents, which reflect the chronology and events of this matter.
1.4 The parties submitted the following by agreement between themselves :
1.4.1 The complainant was in the employment of the employer.
1.4.2 The complainant retired from the service of the employer on 30 September 1998.
1.4.3 The complainant is entitled to a leave gratuity and pro rata service bonus as at 1 September 1998.
1.4.4 The complainant to date has not been paid the leave gratuity and pro rata service bonus.
1.4.5 The actual amount of the leave gratuity and pro rata service bonus must be determined by the employer.
1.4.6 The employer must pay the leave gratuity and pro rata service bonus, together with interest at the prescribed rate of interest as from 10 May 2000 to date of payment on such amounts, to the complainant within 30 days of the arbitration award.
1.4.7 Payment to be made by way of a cheque in favour of the employee and sent to her by registered post at 36 Hillcrest Drive, Beacon Bay 5241.
1.4.8 A statement by the employer setting out how the amounts are arrived at and the interest thereon must accompany the cheque. A copy must be sent to SAUVSE.
1.4.9 The parties entered into an agreement on the 5 April 2000, a copy of which is attached (Annexure 1). This agreement has not been honoured and forms the basis for the aforegoing.
2 . I MAKE THE FOLLOWING AWARD
2.1 The employer must immediately calculate the amounts due to the complainant in respect of her :
2.1.1 Leave gratuity
2.1.1.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.1.2 Pro rata service bonus
2.1.2.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.2 The employer must pay to the complainant, within 30 days of the date of this award her :
2.2.1 Leave gratuity
2.2.2 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.3 Pro rata service bonus
2.3.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.4 Payment to be effected by way of a cheque sent to the complainant per registered post at 36 Hillcrest Drive, Beacon Bay 5241. A copy is to be sent to SAUVSE.
2.5 The employer’s statement settling out the calculations of the Leave gratuity. Pro rate service bonus and interest must accompany the payment.
_______________________
ARBITRATOR
J ROBERTSON
Date : 6 September 2000
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 11/99 0839 EC
APPLICANT J FROST
RESPONDENT DEPARTMENT OF EDUCATION
NATURE LEAVE GRATUITY AND BONUS
ARBITRATOR J ROBERTSON
DATE OF ARBITRATION 5 SEPTEMBER 2000
VENUE EAST LONDON
REPRESENTATION:
APPLICANT MR P PEACH (SAUVSE)
RESPONDENT MS T POSWA
AWARD:
1 The employer must make the following payments:
2 Leave gratuity : Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of interest Act 55 of 1975 from 10 May 2000 to date of payment.
3 Pro rata service bonus : Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
4 The employer must pay to the complainant, within 30 days of the date of this award her :
5 Payment to be effected by way of a cheque sent to the complainant per registered post at 36 Hillcrest Drive, Beacon Bay 5241. A copy is to be sent to SAUVSE.
6 The employer’s statement settling out the calculations of the Leave gratuity. Pro rate service bonus and interest must accompany the payment
DATE OF AWARD 6 SEPTEMBER 2000
Province: Eastern Cape
Applicant: J FROST
Respondent: Department of Education
Issue: Unfair Dismissal - Constructive Dismissal
Venue: EAST LONDON
Award Date: 6 September 2000
Arbitrator: J ROBERTSON
EDUCATION LABOUR RELATIONS COUNCIL
CASE NUMBER : PSES 11/99 0839 EC
In the arbitration between:
J FROST APPLICANT
and
DEPARTMENT OF EDUCATION EASTERN CAPE RESPONDENT
ARBITRATION AWARD
1 . HEARING AND REPRESENTATION
1.1 This matter was heard on 5 September 2000. The hearing took place at the IMSSA Offices 3rd Floor, Cuthberts Building, East London.
1.2 The Department was represented by Ms T Poswa, Legal Administrative Officer Department of Education. The Complainant was represented by Mr P Peach, representative of the South African Union for Vocational and Specialised Education (SAUVSE) Mr J Robertson was the arbitrator.
1.3 Mr Peach, with the agreement of Ms Poswa handed in a bundle of documents, which reflect the chronology and events of this matter.
1.4 The parties submitted the following by agreement between themselves :
1.4.1 The complainant was in the employment of the employer.
1.4.2 The complainant retired from the service of the employer on 30 September 1998.
1.4.3 The complainant is entitled to a leave gratuity and pro rata service bonus as at 1 September 1998.
1.4.4 The complainant to date has not been paid the leave gratuity and pro rata service bonus.
1.4.5 The actual amount of the leave gratuity and pro rata service bonus must be determined by the employer.
1.4.6 The employer must pay the leave gratuity and pro rata service bonus, together with interest at the prescribed rate of interest as from 10 May 2000 to date of payment on such amounts, to the complainant within 30 days of the arbitration award.
1.4.7 Payment to be made by way of a cheque in favour of the employee and sent to her by registered post at 36 Hillcrest Drive, Beacon Bay 5241.
1.4.8 A statement by the employer setting out how the amounts are arrived at and the interest thereon must accompany the cheque. A copy must be sent to SAUVSE.
1.4.9 The parties entered into an agreement on the 5 April 2000, a copy of which is attached (Annexure 1). This agreement has not been honoured and forms the basis for the aforegoing.
2 . I MAKE THE FOLLOWING AWARD
2.1 The employer must immediately calculate the amounts due to the complainant in respect of her :
2.1.1 Leave gratuity
2.1.1.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.1.2 Pro rata service bonus
2.1.2.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.2 The employer must pay to the complainant, within 30 days of the date of this award her :
2.2.1 Leave gratuity
2.2.2 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.3 Pro rata service bonus
2.3.1 Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
2.4 Payment to be effected by way of a cheque sent to the complainant per registered post at 36 Hillcrest Drive, Beacon Bay 5241. A copy is to be sent to SAUVSE.
2.5 The employer’s statement settling out the calculations of the Leave gratuity. Pro rate service bonus and interest must accompany the payment.
_______________________
ARBITRATOR
J ROBERTSON
Date : 6 September 2000
EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD
CASE NUMBER PSES 11/99 0839 EC
APPLICANT J FROST
RESPONDENT DEPARTMENT OF EDUCATION
NATURE LEAVE GRATUITY AND BONUS
ARBITRATOR J ROBERTSON
DATE OF ARBITRATION 5 SEPTEMBER 2000
VENUE EAST LONDON
REPRESENTATION:
APPLICANT MR P PEACH (SAUVSE)
RESPONDENT MS T POSWA
AWARD:
1 The employer must make the following payments:
2 Leave gratuity : Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of interest Act 55 of 1975 from 10 May 2000 to date of payment.
3 Pro rata service bonus : Interest thereon at the prescribed rate of interest in terms of the Prescribed Rate of Interest Act 55 of 1975 from 10 May 2000 to date of payment.
4 The employer must pay to the complainant, within 30 days of the date of this award her :
5 Payment to be effected by way of a cheque sent to the complainant per registered post at 36 Hillcrest Drive, Beacon Bay 5241. A copy is to be sent to SAUVSE.
6 The employer’s statement settling out the calculations of the Leave gratuity. Pro rate service bonus and interest must accompany the payment
DATE OF AWARD 6 SEPTEMBER 2000