ELRC766-22/23EC

Case Number: ELRC766-22/23EC
Commissioner: Henk Jacobs
Date of Ruling: 27 April 2023

In the matter between


SAOU obo E Strydom
(Applicant)

And

Education Department – Eastern Cape
(Respondent)
Union/Applicant’s representative:

Ms V Van Wyk

Telephone: 060 971 4062
Telefax:
E-mail: venitavw@saou.co.za

Respondent’s representative:
Respondent’s address: Ms B Nchukala

Telephone: 084 432 5950
Telefax:
E-mail:

Details of hearing and representation

1. The arbitration hearing related to a claim in terms of the Basic Conditions of Employment Act 75 of 1997, as amended (the BCEA), was held virtually via Zoom on 21 April 2023.

2 The applicant, Ms E Strydom, was represented by Ms V Van Wyk, an official from the Suid Afrikaanse Onderwys Unie (SAOU) The respondent, Education Department – Eastern Cape, was represented by Ms B Nchukala, a Labour Relations Officer employed by the Respondent.

3 The hearing was held in English and was digitally recorded.

4 Parties agreed that there is no factual dispute in this matter.


Issue to be decided

5. The issue to be decided is whether the Applicant was entitled to be paid 31.42 days capped leave at the time she retired.

Background to the matter

6. The Applicant was employed as an Educator and at the time she retired, she was on a salary notch of R403 554.00 per annum.

7. The Applicants sought to be paid her capped leave of 31.42 days as per her Persal records.

8. The following facts were common cause between the parties and parties agree that the Applicant be paid in the following amounts:

The Applicant was entitled to 31.42 days capped leave.
The Applicants salary notch at the time of retirement was R403 554.00 per annum.
The amount due in terms of capped leave was R48 634.39.

9. In light of the above, I find it appropriate to make the following order.

Award

10. The respondent, the Education Department – Eastern Cape, is ordered to pay the applicant, Ms Ellen Strydom, in terms of outstanding capped leave due to her in the amount of R48 634.39 (forty-eight thousand six hundred and thirty-four rand and thirty-nine cent), by no later than 19 May 2023.

Signature:

Commissioner: Henk Jacobs