ELRC586-19/20 & ELRC603-19/20EC
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Award Date:
29 June 2021
Case Number: ELRC586-19/20 & ELRC603-19/20EC
Commissioner: Henk Jacobs
Date of Ruling: 29 June 2021
In the matter between
SAOU obo H Green & L Nel
(Applicant)
And
Department of Education – Eastern Cape,
(Respondent)
Union/Applicant’s representative:
Venita Van Wyk
Telephone: 060 971 4062
Telefax:
E-mail: venitavw@saou.co.za
Respondent’s representative:
Respondent’s address:
Telephone: Lusapho Ndzongo
Telefax:
E-mail: Ndzongo.lusa@gmail.com
Details of hearing and representation
1. The arbitration hearing regarding an enforcement dispute, referred in terms of the Basic Conditions of Employment Act 75 of 1997 (the BCEA), was held via Zoom (Virtually) on 09 April 2021.
2 The applicants, Mr H. Green and Ms L. Nel were represented by Ms V van Wyk of the Suid Afrikaanse Onderwys Unie (SAOU), a registered trade union. The Department of Education – Eastern Cape was represented by Mr L. Ndzongo, Labour Relations Officer employed by the Respondent.
3 The hearing was held in English and was digitally and manually recorded.
4 Parties agreed that there is no factual dispute of facts between them, the amounts indicated by the Applicants are indeed what is due to the Applicants by the Respondent. Parties further agreed that the order must be based on the Applicants’ submissions and breakdown of the amounts due as per the documents submitted in evidence.
Issue to be decided
5. The issue to be decided is whether or not the non-payment by the Respondent of the alleged Home Owners Scheme was in breach of the Scheme regulating such allowance. If so, to determine the appropriate relief.
Background to the matter
6. The Applicants referred an enforcement dispute in terms of the Basic Conditions of Employment Act 75 of 1997 to the ELRC.
7. The Applicants sought to be compensated the alleged outstanding amounts in terms of the Home Owner’s Allowance Agreement between the parties.
8. The parties recorded that there is no dispute of facts in this matter, and that the amounts due to the Applicants are correct as per the Applicants’ submissions.
Survey of submissions
9. This is a summary and does not reflect all of the arguments heard and considered in reaching a decision.
Applicant’s submissions
10. In terms of Mr Henry Green’s dispute, he was not paid a Home Owner’s Scheme allowance during November and December 2018, and that the total amount due to him is R2 672.44.
11. In terms of Ms Louisa Nel’s dispute, she was not paid a Home Owner’s Scheme allowance for the months of March, April and May 2018, and that the total amount due to her is R3 828.00.
12. In light of the above, I find it appropriate to make the following order.
Order
13. The Respondent, the Education Department -Eastern Cape is ordered to pay Applicant, Mr Henry Green (Persal number:56570490), the amount of R2 672.44 (two thousand six hundred and seventy-two rand and forty-four cents) in terms of outstanding Home Owner’s allowance by no later than 30 July 2021
14. The Respondent, the Education Department – Eastern Cape is further ordered to pay the Applicant, Ms Louisa Nel (Persal number: 54474523), the amount of R3 828.00 (three thousand eight hundred and twenty-eight rand) in terms of outstanding Home Owner’s allowance by no later than 30 July 2021
Signature:
Commissioner: Henk Jacobs
Commissioner: Henk Jacobs
Date of Ruling: 29 June 2021
In the matter between
SAOU obo H Green & L Nel
(Applicant)
And
Department of Education – Eastern Cape,
(Respondent)
Union/Applicant’s representative:
Venita Van Wyk
Telephone: 060 971 4062
Telefax:
E-mail: venitavw@saou.co.za
Respondent’s representative:
Respondent’s address:
Telephone: Lusapho Ndzongo
Telefax:
E-mail: Ndzongo.lusa@gmail.com
Details of hearing and representation
1. The arbitration hearing regarding an enforcement dispute, referred in terms of the Basic Conditions of Employment Act 75 of 1997 (the BCEA), was held via Zoom (Virtually) on 09 April 2021.
2 The applicants, Mr H. Green and Ms L. Nel were represented by Ms V van Wyk of the Suid Afrikaanse Onderwys Unie (SAOU), a registered trade union. The Department of Education – Eastern Cape was represented by Mr L. Ndzongo, Labour Relations Officer employed by the Respondent.
3 The hearing was held in English and was digitally and manually recorded.
4 Parties agreed that there is no factual dispute of facts between them, the amounts indicated by the Applicants are indeed what is due to the Applicants by the Respondent. Parties further agreed that the order must be based on the Applicants’ submissions and breakdown of the amounts due as per the documents submitted in evidence.
Issue to be decided
5. The issue to be decided is whether or not the non-payment by the Respondent of the alleged Home Owners Scheme was in breach of the Scheme regulating such allowance. If so, to determine the appropriate relief.
Background to the matter
6. The Applicants referred an enforcement dispute in terms of the Basic Conditions of Employment Act 75 of 1997 to the ELRC.
7. The Applicants sought to be compensated the alleged outstanding amounts in terms of the Home Owner’s Allowance Agreement between the parties.
8. The parties recorded that there is no dispute of facts in this matter, and that the amounts due to the Applicants are correct as per the Applicants’ submissions.
Survey of submissions
9. This is a summary and does not reflect all of the arguments heard and considered in reaching a decision.
Applicant’s submissions
10. In terms of Mr Henry Green’s dispute, he was not paid a Home Owner’s Scheme allowance during November and December 2018, and that the total amount due to him is R2 672.44.
11. In terms of Ms Louisa Nel’s dispute, she was not paid a Home Owner’s Scheme allowance for the months of March, April and May 2018, and that the total amount due to her is R3 828.00.
12. In light of the above, I find it appropriate to make the following order.
Order
13. The Respondent, the Education Department -Eastern Cape is ordered to pay Applicant, Mr Henry Green (Persal number:56570490), the amount of R2 672.44 (two thousand six hundred and seventy-two rand and forty-four cents) in terms of outstanding Home Owner’s allowance by no later than 30 July 2021
14. The Respondent, the Education Department – Eastern Cape is further ordered to pay the Applicant, Ms Louisa Nel (Persal number: 54474523), the amount of R3 828.00 (three thousand eight hundred and twenty-eight rand) in terms of outstanding Home Owner’s allowance by no later than 30 July 2021
Signature:
Commissioner: Henk Jacobs
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ELRC 302 -20 /21 NW
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