ELRC644-20/21 EC
Text
ELRC483-21/22 EC
Award Date:
18 March 2022
Case Number: ELRC483-21/22 EC
Panelist: Malusi Mbuli
Date of Award: 18-03-2022
In the ARBITRATION between
SADTU obo MZIMASI MHLEBI
(Applicant)
And
DEPARTMENT OF EDUCATION – EASTERN CAPE
(Respondent)
DETAILS OF THE HEARING AND REPRESENTATION
1. The matter came before the ELRC for arbitration in terms of section 186 (2) (a) of the Labour Relations Act No 66 of 1995 (“the Act”). It was set down for an arbitration hearing virtually at 09:00 on the 17th of March 2022.
2. The applicant, Mr. Mzimasi Mhlebi attended the hearing remotely and was represented by Mr. Rodney Mtywaru an official of the applicant’s trade union SADTU. The respondent, Department of Education – Eastern Cape, also attended the hearing and was represented by Mrs. Annalise Slabbert an official of the respondent.
3. The matter proceeded on the 17th of March 2022 and was finalized on the same day with the parties agreeing on record on the common cause facts.
ISSUE TO BE DECIDED
4. I am required to determine whether or not the respondent has committed an unfair labour practice by failing to pay the applicant’s hostel allowance and if so, I must determine the appropriate remedy.
EVIDENCE
5. The facts in this dispute were common and were confirmed by the parties on record. It then follows that the arbitration hearing was recorded, and the zoom record will form the record of this hearing.
COMMON CAUSE FACTS
6. That the Department of Education owes the applicant in respect of the following amounts:
- Accommodation for a period of 3 months = R45 105, 00.
- Transportation of Furniture = R9 500, 00.
- Total Amount owed = R54 605, 00.
ANALYSIS OF EVIDENCE AND ARGUMENT
7. This matter was referred to the ELRC in terms of section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended. Section 185 (2) provides that:
- no employee must be subjected to an unfair labour practice. The applicants feel that the employer has committed an unfair labour practice by failing to pay them hostel allowance.
8. As indicated above in the common cause facts, the parties are not in dispute on whether the respondent owes the applicant accommodation amount and transportation. The only issue that remains to be decided is when such amounts should be paid to the applicant.
9. In terms of section 138 (9) of the Act a Commissioner may make any appropriate award including but not limited to, an award that inter alia gives effect to the provisions and primary objectives of the Act. It is clear from the evidence that has been adduced in the arbitration hearing that the accommodation and transportation allowances claimed by the applicant are due and payable to him.
10. The respondent has committed an unfair labour practice by failing to pay the applicant the said allowances and as such this constituted an unfair labour practice as envisaged by section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended.
11. In the circumstances I make the following award.
AWARD
12. The respondent is ordered to pay accommodation and transportation allowances to the applicant as follows:
- Accommodation for a period of 3 months = R45 105, 00.
- Transportation of Furniture = R9 500, 00.
- Total Amount due and payable = R54 605, 00.
13. The total amount due, referred to in the paragraph above, will be paid to the applicant not later than the 30th of April 2022.
Signature:
Commissioner: Malusi Mbuli
Panelist: Malusi Mbuli
Date of Award: 18-03-2022
In the ARBITRATION between
SADTU obo MZIMASI MHLEBI
(Applicant)
And
DEPARTMENT OF EDUCATION – EASTERN CAPE
(Respondent)
DETAILS OF THE HEARING AND REPRESENTATION
1. The matter came before the ELRC for arbitration in terms of section 186 (2) (a) of the Labour Relations Act No 66 of 1995 (“the Act”). It was set down for an arbitration hearing virtually at 09:00 on the 17th of March 2022.
2. The applicant, Mr. Mzimasi Mhlebi attended the hearing remotely and was represented by Mr. Rodney Mtywaru an official of the applicant’s trade union SADTU. The respondent, Department of Education – Eastern Cape, also attended the hearing and was represented by Mrs. Annalise Slabbert an official of the respondent.
3. The matter proceeded on the 17th of March 2022 and was finalized on the same day with the parties agreeing on record on the common cause facts.
ISSUE TO BE DECIDED
4. I am required to determine whether or not the respondent has committed an unfair labour practice by failing to pay the applicant’s hostel allowance and if so, I must determine the appropriate remedy.
EVIDENCE
5. The facts in this dispute were common and were confirmed by the parties on record. It then follows that the arbitration hearing was recorded, and the zoom record will form the record of this hearing.
COMMON CAUSE FACTS
6. That the Department of Education owes the applicant in respect of the following amounts:
- Accommodation for a period of 3 months = R45 105, 00.
- Transportation of Furniture = R9 500, 00.
- Total Amount owed = R54 605, 00.
ANALYSIS OF EVIDENCE AND ARGUMENT
7. This matter was referred to the ELRC in terms of section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended. Section 185 (2) provides that:
- no employee must be subjected to an unfair labour practice. The applicants feel that the employer has committed an unfair labour practice by failing to pay them hostel allowance.
8. As indicated above in the common cause facts, the parties are not in dispute on whether the respondent owes the applicant accommodation amount and transportation. The only issue that remains to be decided is when such amounts should be paid to the applicant.
9. In terms of section 138 (9) of the Act a Commissioner may make any appropriate award including but not limited to, an award that inter alia gives effect to the provisions and primary objectives of the Act. It is clear from the evidence that has been adduced in the arbitration hearing that the accommodation and transportation allowances claimed by the applicant are due and payable to him.
10. The respondent has committed an unfair labour practice by failing to pay the applicant the said allowances and as such this constituted an unfair labour practice as envisaged by section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended.
11. In the circumstances I make the following award.
AWARD
12. The respondent is ordered to pay accommodation and transportation allowances to the applicant as follows:
- Accommodation for a period of 3 months = R45 105, 00.
- Transportation of Furniture = R9 500, 00.
- Total Amount due and payable = R54 605, 00.
13. The total amount due, referred to in the paragraph above, will be paid to the applicant not later than the 30th of April 2022.
Signature:
Commissioner: Malusi Mbuli