ELRC306-22/23NW

Commissioner: D Smith
Case No.: ELRC306-22/23NW Date of Award: 27 November 2022

In the ARBITRATION between

SAOU OBO MOLLER, LINDA
(Union / Applicant)

and

DEPARTMENT OF EDUCATION NORTH WEST
(Respondent)


Union/Applicant’s representative: Dr. Johan Kruger

Tel: 0712509239
Telefax:
Email:

Respondent’s representative: Mr. Martin Keetile

Tel: 0761541717
Email:


DETAILS OF HEARING AND REPRESENTATION:

1. The dispute was referred to the Education Labour Relations Council (“Council”) in terms of Section 24(2)(b) of the Labour Relations Act, No. 66 of 1995 (“LRA”). The matter was scheduled for Arbitration on 11 November 2022 via Zoom.

2. The Applicant, Ms Linda Moller (Moller), was represented by Dr. Johan Kruger (Kruger), an official of the trade union SAOU. The Respondent was represented by Mr. Martin Keetile (Keetile) of the Chief Directorate: Human Resource Management and Development services.

3. The process was digitally recorded, and I took handwritten notes.

4. Kruger submitted a bundle of documents marked A.

ISSUE TO BE DECIDED:

5. Whether the Respondent acted unfairly in not recognizing Moller’s previous teaching experience in terms of Clause B.8.4.3.1 of the Personnel Administration Measures (PAM) and Collective Agreement 5 of 2003.

6. If I find in the positive, I must decide on an appropriate remedy.

REMEDY

7. Moller sought to be moved from post level 164 to 178 and be remunerated at that level, including backpay.

SURVEY OF EVIDENCE AND ARGUMENT:

8. For purposes of this award, I do not intend, to record verbatim evidence led, submissions made and or arguments raised on record. Only the prominent points raised by each party in their evidence that have a bearing on the issue in dispute and to be decided are recorded hereunder. I did, however, consider all the evidence that was presented in rendering this award.

APPLICANT’S VERSION:

9. Moller testified under oath that she was previously appointed in an SGB position at Grenville High School in Rustenburg from 22 September 2014 to 28 January 2022, a period of seven years appropriate experience.

RESPONDENT’S VERSION:

10. Keetile undertook to investigate the matter and, in his closing argument, conceded that Moller was entitled to the relief she sought.

ANALYSIS OF EVIDENCE AND ARGUMENT:

11. The Respondent did not comply with Clause B.8.4.3.1 of the PAM and Collective Agreement 5 of 2003.

FINDING

12. Moller is entitled the relief she seeks.

13. She is currently on post level 164 at an annual salary of R284238.00. The correct post level is 178 at an annual salary of R304746.00.

14. Moller was appointed on 21 February 2021. She is entitled to backpay for the difference in salary, R20508.00. This amounts to R36743.50 ((R20508/12) x 21.5 months)

AWARD

15. The provisions of the PAM and Collective Agreement apply to the Applicant ,Ms. Linda Moller.

16. The Respondent, Education Department of North West, is ordered to place the Applicant to post level 178 by not later than 15 December 2022.

17. The Respondent is further ordered to pay the Applicant backpay in the amount of R36743.50 (thirty-six thousand seven hundred and forty-three Rand and fifty cents) by no later than 15 December 2022.

18. If not paid interest will accrue at the prescribed rate from 15 December 2022.


D H Smith
ELRC PANELIST
27 November 2022