PSES 1047-19/20EC
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PSES 1047-19/20EC
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Award Date:
31 May 2021
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Case Number: PSES 1047-19/20EC
Commissioner: Catherine Willows
Date of Award: 31 May 2021
In the matter between
NAPTOSA obo L JIM & 7 OTHERS
(Applicant)
And
EASTERN CAPE DEPARTMENT OF HIGHER EDUCATION
Respondent
DETAILS OF HEARING AND REPRESENTATIONS
1. This arbitration was heard on the 17th May 2021 and 26 May 2021 via Zoom Virtual Conferencing.
2. It came before the ELRC in terms of Section 186 (2) (a) of the Labour Relations Act 66 of 1995 (the LRA).
3. Adv. GD Saayman of NAPTOSA appeared for the Applicant, Mr L Jim and 7 Others (X Zeka; U Matola; S Nondudule; S Libala; M Ntongana; Z Sinethetho; SM Mkhize and Z Mboli). The Respondent was represented by Mr V Gidigidi, Assistant Director: Labour Relations (Regional Eastern Cape Office). Interpretation services were not required.
4. The Applicant’s representative furnished a bundle of documentation, this was captured and recorded as “Applicant Bundle”, the evidence of which was accepted unless specifically placed in dispute.
5. The proceedings were digitally recorded, and hand-written notes are on file.
6. The Applicant and Respondent indicated on 17 May 2021 that the issues were common cause and that there were no issues in dispute. To this end, they both submitted closing arguments on 19 May 2021. Upon receipt of such closing arguments, it appeared that there indeed was a discrepancy / dispute in the presentation of calculations submitted by both the Applicant and Respondent.
7. In the premise, the parties re-convened on 26 May 2021 via Zoom Virtual Conferencing to address this issue. Upon such on 26 May 2021, the parties indicated that there were no factual issues in dispute. The Respondent, in their closing arguments, had provided IQMS calculations in respect of each Applicant.
8. These calculations had been done by Human Resources with figures extracted from Persal of each Applicant. The parties agreed to the figures provided and the amounts owing to each of the Applicant’s. In particular, the Respondent’s representative indicated that they did not intend on defending / disputing the Applicants’ claims’, and that they consented to an Award being issued in this regard.
9. I have considered all arguments, but because section 138 (7) of the Labour Relations Act, 66 of 1995, as amended requires brief reasons, I have only referred to the evidence and argument that I regard as necessary to substantiate my findings and determination of the dispute.
ISSUE TO BE DECIDED
10. The issue to be determined is whether the conduct of the Respondent which deprived the Applicants of pay progression amounted to an unfair labour practice as contemplated in Section 186 (2) (a) of the Labour Relations Act 66 of 1995, as amended (“the Act”).
BACKGROUND TO THE DISPUTE
11. The Applicants and their details are as follows:
- L Jim (Persal No. 5488 2702) – date of commencement: 1 September 2015
- X Zeka (Persal No. 285 152 77 – date of commencement: 20 January 2016
- U Matola (Persal No. 563 295 98 – date of commencement: 1 October 2016
- S Libala (Persal No. 282 026 94) – date of commencement: 1 October 2016
- M Ntongana (Persal No. 285 153 58) – date of commencement: 1 October 2016
- Z Sithetho (Persal No. 285 152 85) – date of commencement: 1 October 2016
- S Nondudule (Persal No. 552 868 72) – date of commencement: 2014
- Z Mboli (Persal No. 281 918 20) – date of commencement: 1 October 2016
12. The Applicants’ referred their dispute to the Council, averring that the Respondent failed to effect to them their salary progression payments provided by Collective Agreement 8 of 2003. The Applicants also claimed for their pro-rata bonus for years 2018; 2019 and 2020 and for their notches to be corrected on Persal.
13. The Respondent admitted to their failure to implement IQMS progression and pro-rata bonuses, from the period of 1 July 2018 to 31 March 2020.
ANALYSIS OF EVIDENCE AND ARGUMENTS
14. Integrated Quality Management System (IQMS) is signed as ELRC Collective Agreement No.8 of 2003. The IQMS is informed by Schedule I of the Employment of Educators Act, No. 76 of 1998 where the Minister is required to determine performance standards for educators in terms of which their performance is to be evaluated.
15. In CUSA v Tao Ying Metal Industries and Other [2009] 1 BLLR 1 (CC) at paras [56].,the Constitutional Court emphasized the importance and the rights that Collective Agreements give effect to as follows:
“[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.”
16. The following calculations provided by the Respondent and agreed to by the Applicants’ representative are:
Applicant MR L JIM
IQMSCALCULATION BONUS
Period Old Notch New Notch Difference due in Rand No of Months Total Amount Year Pro-rata Due Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00 2018 22 347,25 223,47
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50 2019 23 804,00 238,04
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25 2020 24 043,75 240,44
R 11 778,75 701,95
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R12 480,70
APPLICANT: MR Z SITHETHO
IQMS CALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MR M NTONGANA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R 701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MS UP MATOLA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 408,70
APPLICANT: MR S NONDUDULE
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MS Z MBOLI
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R 14 655,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 24 043,75 240,44
2020 24 283,50 242,84
R 706,75
TOTAL AMOUNT R 15 362,50
APPLICANT: MS S LIBALA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R14 655,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 24 043,75 240,44
2020 24 283,50 242,84
R706,75
TOTAL AMOUNT R 15 362,50
APPLICANT: MS X ZEKA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 198 774,00 202 794,00 4 020,00 9 3 015,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R13 719,75
BONUS
Year Pro-rata Due Amount
2018 16 899,50 169,00
2019 24 043,75 240,44
2020 24 283,50 242,84
R652,27
TOTAL AMOUNT R 14 372,02
17. The respondent must comply with the terms and conditions in the collective agreement and their failure to do so amounts to an unfair labour practice as contemplated in Section 186(2)(a) of the Act.
18 . I consider it appropriate to render the following award:
AWARD
19. The Respondent, Department of Higher Education: Eastern Cape is ordered to pay the calculated amounts to the respective applicants as follows:
- L Jim (Persal No. 5488 2702) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- X Zeka (Persal No. 285 152 77 – salary progression from the period of 1 July 2018 to 31 March 2020: R14 372. 02 (fourteen thousand three hundred and seventy two rand and two cents)
- U Matola (Persal No. 563 295 98 – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- S Libala (Persal No. 282 026 94) – salary progression from the period of 1 July 2018 to 31 March 2020: R 15 362. 50 (fifteen thousand three hundred and sixty two rand and fifty cents).
- M Ntongana (Persal No. 285 153 58) – salary progression from the period of 1 July 2018 to 31 March 2020: R 12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- Z Sithetho (Persal No. 285 152 85) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- S Nondudule (Persal No. 552 868 72) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480. 70 (twelve thousand four hundred and eighty-rand and seventy cents)
- Z Mboli (Persal No. 281 918 20) – salary progression from the period of 1 July 2018 to 31 March 2020: R 15 362. 50 (fifteen thousand three hundred and sixty two rand and fifty cents)
20. Such amounts are subject to tax and other lawful deductions and is to be paid by the Respondent by no later than 30 June 2021.
21. The Respondent is hereby further ordered to amend the Applicants’ service records (PERSAL) to reflect their correct notches as stipulated in paragraph 16 of this Award. This must be done by no later than 30 June 2021.
22. No further order is made.
Signature:
Catherine Willows
ELRC Panellist
Commissioner: Catherine Willows
Date of Award: 31 May 2021
In the matter between
NAPTOSA obo L JIM & 7 OTHERS
(Applicant)
And
EASTERN CAPE DEPARTMENT OF HIGHER EDUCATION
Respondent
DETAILS OF HEARING AND REPRESENTATIONS
1. This arbitration was heard on the 17th May 2021 and 26 May 2021 via Zoom Virtual Conferencing.
2. It came before the ELRC in terms of Section 186 (2) (a) of the Labour Relations Act 66 of 1995 (the LRA).
3. Adv. GD Saayman of NAPTOSA appeared for the Applicant, Mr L Jim and 7 Others (X Zeka; U Matola; S Nondudule; S Libala; M Ntongana; Z Sinethetho; SM Mkhize and Z Mboli). The Respondent was represented by Mr V Gidigidi, Assistant Director: Labour Relations (Regional Eastern Cape Office). Interpretation services were not required.
4. The Applicant’s representative furnished a bundle of documentation, this was captured and recorded as “Applicant Bundle”, the evidence of which was accepted unless specifically placed in dispute.
5. The proceedings were digitally recorded, and hand-written notes are on file.
6. The Applicant and Respondent indicated on 17 May 2021 that the issues were common cause and that there were no issues in dispute. To this end, they both submitted closing arguments on 19 May 2021. Upon receipt of such closing arguments, it appeared that there indeed was a discrepancy / dispute in the presentation of calculations submitted by both the Applicant and Respondent.
7. In the premise, the parties re-convened on 26 May 2021 via Zoom Virtual Conferencing to address this issue. Upon such on 26 May 2021, the parties indicated that there were no factual issues in dispute. The Respondent, in their closing arguments, had provided IQMS calculations in respect of each Applicant.
8. These calculations had been done by Human Resources with figures extracted from Persal of each Applicant. The parties agreed to the figures provided and the amounts owing to each of the Applicant’s. In particular, the Respondent’s representative indicated that they did not intend on defending / disputing the Applicants’ claims’, and that they consented to an Award being issued in this regard.
9. I have considered all arguments, but because section 138 (7) of the Labour Relations Act, 66 of 1995, as amended requires brief reasons, I have only referred to the evidence and argument that I regard as necessary to substantiate my findings and determination of the dispute.
ISSUE TO BE DECIDED
10. The issue to be determined is whether the conduct of the Respondent which deprived the Applicants of pay progression amounted to an unfair labour practice as contemplated in Section 186 (2) (a) of the Labour Relations Act 66 of 1995, as amended (“the Act”).
BACKGROUND TO THE DISPUTE
11. The Applicants and their details are as follows:
- L Jim (Persal No. 5488 2702) – date of commencement: 1 September 2015
- X Zeka (Persal No. 285 152 77 – date of commencement: 20 January 2016
- U Matola (Persal No. 563 295 98 – date of commencement: 1 October 2016
- S Libala (Persal No. 282 026 94) – date of commencement: 1 October 2016
- M Ntongana (Persal No. 285 153 58) – date of commencement: 1 October 2016
- Z Sithetho (Persal No. 285 152 85) – date of commencement: 1 October 2016
- S Nondudule (Persal No. 552 868 72) – date of commencement: 2014
- Z Mboli (Persal No. 281 918 20) – date of commencement: 1 October 2016
12. The Applicants’ referred their dispute to the Council, averring that the Respondent failed to effect to them their salary progression payments provided by Collective Agreement 8 of 2003. The Applicants also claimed for their pro-rata bonus for years 2018; 2019 and 2020 and for their notches to be corrected on Persal.
13. The Respondent admitted to their failure to implement IQMS progression and pro-rata bonuses, from the period of 1 July 2018 to 31 March 2020.
ANALYSIS OF EVIDENCE AND ARGUMENTS
14. Integrated Quality Management System (IQMS) is signed as ELRC Collective Agreement No.8 of 2003. The IQMS is informed by Schedule I of the Employment of Educators Act, No. 76 of 1998 where the Minister is required to determine performance standards for educators in terms of which their performance is to be evaluated.
15. In CUSA v Tao Ying Metal Industries and Other [2009] 1 BLLR 1 (CC) at paras [56].,the Constitutional Court emphasized the importance and the rights that Collective Agreements give effect to as follows:
“[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.”
16. The following calculations provided by the Respondent and agreed to by the Applicants’ representative are:
Applicant MR L JIM
IQMSCALCULATION BONUS
Period Old Notch New Notch Difference due in Rand No of Months Total Amount Year Pro-rata Due Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00 2018 22 347,25 223,47
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50 2019 23 804,00 238,04
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25 2020 24 043,75 240,44
R 11 778,75 701,95
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R12 480,70
APPLICANT: MR Z SITHETHO
IQMS CALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MR M NTONGANA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R 701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MS UP MATOLA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 408,70
APPLICANT: MR S NONDUDULE
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 285 648,00 5 850,00 3 1 462,50
01/07/2019-31/03/2020 280 038,00 288 525,00 8 487,00 9 6 365,25
R 11 778,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 23 804,00 238,04
2020 24 043,75 240,44
R701,95
TOTAL AMOUNT R 12 480,70
APPLICANT: MS Z MBOLI
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R 14 655,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 24 043,75 240,44
2020 24 283,50 242,84
R 706,75
TOTAL AMOUNT R 15 362,50
APPLICANT: MS S LIBALA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 262 899,00 268 167,00 5 268,00 9 3 951,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R14 655,75
BONUS
Year Pro-rata Due Amount
2018 22 347,25 223,47
2019 24 043,75 240,44
2020 24 283,50 242,84
R706,75
TOTAL AMOUNT R 15 362,50
APPLICANT: MS X ZEKA
IQMSCALCULATION
Period Old Notch New Notch Difference due in Rand No of Months Total Amount
01/07/2018-31/03/2019 198 774,00 202 794,00 4 020,00 9 3 015,00
01/04/2019-30/06/2019 279 798,00 288 525,00 8 727,00 3 2 181,75
01/07/2019-31/03/2020 280 038,00 291 402,00 11 364,00 9 8 523,00
R13 719,75
BONUS
Year Pro-rata Due Amount
2018 16 899,50 169,00
2019 24 043,75 240,44
2020 24 283,50 242,84
R652,27
TOTAL AMOUNT R 14 372,02
17. The respondent must comply with the terms and conditions in the collective agreement and their failure to do so amounts to an unfair labour practice as contemplated in Section 186(2)(a) of the Act.
18 . I consider it appropriate to render the following award:
AWARD
19. The Respondent, Department of Higher Education: Eastern Cape is ordered to pay the calculated amounts to the respective applicants as follows:
- L Jim (Persal No. 5488 2702) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- X Zeka (Persal No. 285 152 77 – salary progression from the period of 1 July 2018 to 31 March 2020: R14 372. 02 (fourteen thousand three hundred and seventy two rand and two cents)
- U Matola (Persal No. 563 295 98 – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- S Libala (Persal No. 282 026 94) – salary progression from the period of 1 July 2018 to 31 March 2020: R 15 362. 50 (fifteen thousand three hundred and sixty two rand and fifty cents).
- M Ntongana (Persal No. 285 153 58) – salary progression from the period of 1 July 2018 to 31 March 2020: R 12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- Z Sithetho (Persal No. 285 152 85) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480.70 (twelve thousand four hundred and eighty-rand and seventy cents)
- S Nondudule (Persal No. 552 868 72) – salary progression from the period of 1 July 2018 to 31 March 2020: R12 480. 70 (twelve thousand four hundred and eighty-rand and seventy cents)
- Z Mboli (Persal No. 281 918 20) – salary progression from the period of 1 July 2018 to 31 March 2020: R 15 362. 50 (fifteen thousand three hundred and sixty two rand and fifty cents)
20. Such amounts are subject to tax and other lawful deductions and is to be paid by the Respondent by no later than 30 June 2021.
21. The Respondent is hereby further ordered to amend the Applicants’ service records (PERSAL) to reflect their correct notches as stipulated in paragraph 16 of this Award. This must be done by no later than 30 June 2021.
22. No further order is made.
Signature:
Catherine Willows
ELRC Panellist
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