ELRC86-22/23NW

IN THE EDUCATION LABOUR RELATIONS COUNCIL ARBITRATION MEETING HELD IN Virtually on the 23 November 2022

Case Number: ELRC86-22/23NW
In the matter between: -

SADTU obo Lots Moiloa Applicant

And
North West Department of Education First Respondent

ARBITRATION AWARD

Nature of the dispute: Section 186 of the LRA: unfair labour practice relating to benefits.

DETAILS OF THE HEARING AND REPRESENTATION

1. The hearing was held virtually on the 23 November 2022. The Applicant was represented by Mr. Tsholofelo Monkwe from the South African Democratic Teachers Union (“SADTU”) whereas the respondent was represented by Mr. Martin Keetile, who is employed by respondent, and its official responsible for Labour Relations.
2. Both parties appeared before me virtually, and the matter was digitally recorded.

THE ISSUE IN DISPUTE
3. The dispute was about the money owed to the Applicant by the Respondent for acting allowance.

BACKGROUND TO THE DISPUTE

4. The Applicant is employed by the Respondent as an educator, and referred a dispute for unfair labour practice in that the Respondent did not pay the Applicant monies for acting allowance.

SUMMARY OF EVIDENCE ON BEHALF OF THE APPLICANT

5. Mr. Lots Moiloa testified under oath, and his evidence can be summarized briefly as follows. That he acted in a higher position of Education Specialist between 1 January 2011 and 31 October 2012, and was not remunerated for his acting role.
6. That the total sum of R38 561.50 in acting allowance is due and payable to the Applicant.
7. That the said acting allowance has been due and payable since 2012, and that despite several undertakings to pay, same was never effected by the Respondent.
8. That the said acting allowance was approved by the District Director.

SUMMARY OF EVIDENCE ON BEHALF OF THE RESPONDENT
9. The Respondent did not call any witnesses nor dispute the Applicant’s claim. Mr. Keetile, on behalf of the Respondent, confirmed the knowledge of the money owing to the Applicant, and further confirmed that there is no dispute that the acting allowance is due and payable to the Applicant in the amount of R38 561.50.

ANALYSIS OF EVIDENCE AND ARGUMENT

10. Both parties agreed in principle that the Respondent owes the Applicant an acting allowance worked for in the amount of R38 561.50. It is common cause between the parties that the Applicant was duly appointed to act in a senior position, and that such an acting position should be remunerated. It is further common cause that the calculation of the acting allowance by the Applicant was correct.
11. In the circumstances the Respondent is liable to pay the Applicant an amount of R38 561.50, being an acting allowance due and payable to the Applicant after acting in a senior position for a period between 2011 and 2012.

The AWARD
12. The Respondent, North West Department of Education, is ordered to pay the Applicant, Mr. Lots Moiloa an amount of R38 561.50, being the amount of acting allowance worked for between January 2011 and October 2012.
13. That the amount in paragraph 12 supra be paid to the Applicant on or before the 22 December 2022.

Thapelo Mathekga
(ELRC PANELIST)