ELRC130-23/24EC

Case Number: ELRC130-23.24EC
Commissioner: Henk Jacobs
Date of Ruling: 25 August 2023

In the matter between

SAOU obo Suretha Pienaar and 31 others
(Union / Applicants)

And

Department of Education – Eastern Cape
(Respondent)


Union/Applicant’s representative:

Ms Venita Van Wyk

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

Respondent’s representative:
Respondent’s address: Mr Garth Jacobs

Telephone:
Telefax:
E-mail: garthjacobs@gmail.com

Details of hearing and representation

1. The arbitration hearing into an alleged unfair labour practice dispute, referred in terms of section 191(5)(a)(iv) of the Labour Relations Act 66 of 1995, as amended, (the LRA), was held Virtually on 16 August 2023.

2 The applicants, Ms Suretha Pienaar and 24 others, were represented by Ms V. van Wyk, the Assistant Provincial Secretary of the South African Teachers Union (SAOU). The respondent, the Education Department - Eastern Cape, was represented by Mr G. Jacobs, an Employment Relations Officer employed by the Respondent.

3 The proceedings were held in English and were digitally recorded.


Issue to be decided

4. The issue to be decided is whether the Respondent committed an unfair labour practice in terms of section 186(2) of the LRA, by not paying the Applicants QMS.

Background to the matter

5. The Applicants referred an alleged unfair labour practice dispute pertaining to benefits, the matter was conciliated, and a certificate on non-resolution was issued. The Applicants filed a request to have the matter arbitrated.

6. It must be noted that the Applicants claim is not disputed by the Respondent, instead, the Respondent confirmed that the Applicants should be paid their outstanding QMS incentive. Parties agree to file submissions regarding the applicant’s salary notches by no later than 21 August 2023, the Applicants did so, and an opportunity was provided for the Respondent to verify.

Survey of submissions

Applicant’s submissions

7. The Applicants submit that their dispute relates to the non-payment of the Integrated Quality Management System (IQMS herein after referred to as QMS incentive) for the 2021/2022 cycle in terms of Collective Agreement No. 2 of 2020.

8. The amount due to each Applicant is 1.5% of their annual salary.


9. It was submitted that the Applicants annual salaries are as follows:

S Pienaar, persal no. 54599458, salary notch R405 417.00 per annum.
P Olivier, persal no. 50686933, salary notch R498 216.00 per annum.
D Thatcher, persal no.57127531, salary notch R262 899.00 per annum.
C H N Carstens, persal no. 51459825, salary notch R583 452.00 per annum.
N Coetzee, persal no. 51482584, salary notch R350 292.00 per annum.
A Nicholson, persal no. 56631499, salary notch R323 187.00 per annum.
R P Olivier, persal no. 51477734, salary notch R589 062.00 per annum.
G B Pienaar, persal no. 51475006, salary notch R535 161.00 per annum.
J Visser, persal no. 14030152, salary notch R401 598.00 per annum.
C Van Vuuren, persal no. 54796369, salary notch R326 241.00 per annum.
C D L Woods, persal no. 55788238, salary notch R329 337.00 per annum.
C D George, persal no.53511931, salary notch R379 323.00 per annum.
N Moss, persal no. 56898177, salary notch R318 648.00 per annum.
C C Bruiners, persal no.55760813, salary notch R337 248.00 per annum.
D M Cunningham, persal no.56257384, salary notch R334 086.00 pe annum.
S D Jantjies, persal no. 54049636, salary notch R350 292.00 per annum.
S Arumugam, persal no. 56687079, salary notch R318 648.00 per annum.
N Brazier, persal no. 55568394, salary notch R343 710.00 per annum.
Z Coetzee, persal no. 55568467, salary notch R343 710.00 per annum.
L M Herholdt, persal no. 56257422, salary notch R334 086.00 per annum.
V Loock, persal no. 54924855, salary notch R346 986.00 per annum.
D J Marshall, persal no. 57179212, salary notch R262 899.00 per annum.
T Rossouw, persal no. 51775336, salary notch R425 235.00 per annum.
Y Stander, persal no. 82450081, salary notch R377 502.00 per annum.
J P P Vos, persal no. 51461641, salary notch R639 918.00 per annum.


Analysis

10. Section 185 (b) of the LRA provides that every employee has the right not to be subjected to unfair labour practice.

11. The definition of unfair labour in terms of section 186(2)(a) of the LRA includes “any unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provisions of benefits to an employee”.

12. The non-payment of an incentive scheme in terms of a collective agreement would constitute an unfair labour practice regarding the provision of benefits as envisaged in section 186(2) of the LRA. It is common cause that the Applicants were not paid their incentives in terms of the IQMS, on that basis, it is confirmed that the Respondent committed an unfair labour practice.

13. The Applicants were entitled to 1.5 percent of their annual salaries in terms of the performance management scheme (IQMS) as follows:

S Pienaar, persal no. 54599458, salary notch R405 417.00 per annum x 1.5% = R6 081.25 incentive.
P Olivier, persal no. 50686933, salary notch R498 216.00 per annum x 1.5% = R7 473.24 incentive.
D Thatcher, persal no.57127531, salary notch R262 899.00 per annum x 1.5% = R3 943.49 incentive.
C H N Carstens, persal no. 51459825, salary notch R583 452.00 per annum x 1.5% = R8 751.78 incentive.
N Coetzee, persal no. 51482584, salary notch R350 292.00 per annum x 1.5% = R5 254.38 incentive.
A Nicholson, persal no. 56631499, salary notch R323 187.00 per annum x 1.5% = R4 847.81 incentive.
R P Olivier, persal no. 51477734, salary notch R589 062.00 per annum x 1.5% = R8 835.93 incentive.
G B Pienaar, persal no. 51475006, salary notch R535 161.00 per annum x 1.5% = R8 027.42 incentive.
J Visser, persal no. 14030152, salary notch R401 598.00 per annum x 1.5% = R6 23.97 incentive.
C Van Vuuren, persal no. 54796369, salary notch R326 241.00 per annum x 1.5% = R4 893.62 incentive.
C D L Woods, persal no. 55788238, salary notch R329 337.00 per annum x 1.5% = R4 940.06 incentive.
C D George, persal no.53511931, salary notch R379 323.00 per annum x 1.5% = R5 689.85 incentive.
N Moss, persal no. 56898177, salary notch R318 648.00 per annum x 1.5% = R4 779.72 incentive.
C C Bruiners, persal no.55760813, salary notch R337 248.00 per annum x 1.5% = R5 058.72 incentive.
D M Cunningham, persal no.56257384, salary notch R334 086.00 pe annum x 1.5% = R5 011.29 incentive.
S D Jantjies, persal no. 54049636, salary notch R350 292.00 per annum x 1.5% = R5 254.38 incentive.
S Arumugam, persal no. 56687079, salary notch R318 648.00 per annum x 1.5% = R4 779.72 incentive.
N Brazier, persal no. 55568394, salary notch R343 710.00 per annum x 1.5% = R5 155.65 incentive.
Z Coetzee, persal no. 55568467, salary notch R343 710.00 per annum x 1.5% = R5 155.65 incentive.
L M Herholdt, persal no. 56257422, salary notch R334 086.00 per annum x 1.5% = R5 011.29 incentive.
V Loock, persal no. 54924855, salary notch R346 986.00 per annum x 1.5% = R5 204.79 incentive.
D J Marshall, persal no. 57179212, salary notch R262 899.00 per annum x 1.5% = R3 943.49 incentive.
T Rossouw, persal no. 51775336, salary notch R425 235.00 per annum x 1.5% = R6 378.53 incentive.
Y Stander, persal no. 82450081, salary notch R377 502.00 per annum x 1.5% = R5 662.53 incentive.
J P P Vos, persal no. 51461641, salary notch R639 918.00 per annum x 1.5% = R9 598.77 incentive.


14. The Applicants submissions remained unopposed and it was confirmed by the Respondent that the Applicants are entitled to be paid in terms IQMS Collective Agreement 2 of 2020. In light of the above, I find it appropriate to make the following award.


Award

15. The Respondent, the Department of Education – Eastern Cape, committed an unfair labour practice when they failed to pay the Applicants, Ms S Pienaar and 24 others (listed elsewhere in this award and at paragraph 16 below), their QMS incentive for the 2021/2022 year in terms of Collective Agreement 2 of 2020.

16. The Respondent, The Department of Education – Eastern Cape, is ordered to pay the Applicants as follows in terms of their outstanding QMS incentives by no later than 25 September 2023.

S Pienaar, persal no. 54599458, R6 081.25 QMS incentive.
P Olivier, persal no. 50686933, R7 473.24 QMS incentive.
D Thatcher, persal no.57127531, R3 943.49 QMS incentive.
C H N Carstens, persal no. 51459825, R8 751.78 QMS incentive.
N Coetzee, persal no. 51482584, R5 254.38 QMS incentive.
A Nicholson, persal no. 56631499, R4 847.81 QMS incentive.
R P Olivier, persal no. 51477734, R8 835.93 QMS incentive.
G B Pienaar, persal no. 51475006, R8 027.42 QMS incentive.
J Visser, persal no. 14030152, R6 23.97 QMS incentive.
C Van Vuuren, persal no. 54796369, R4 893.62 QMS incentive.
C D L Woods, persal no. 55788238, R4 940.06 QMS incentive.
C D George, persal no.53511931, R5 689.85 QMS incentive.
N Moss, persal no. 56898177, R4 779.72 QMS incentive.
C C Bruiners, persal no.55760813, R5 058.72 QMS incentive.
D M Cunningham, persal no.56257384, R5 011.29 QMS incentive.
S D Jantjies, persal no. 54049636, R5 254.38 QMS incentive.
S Arumugam, persal no. 56687079, R4 779.72 QMS incentive.
N Brazier, persal no. 55568394, R5 155.65 QMS incentive.
Z Coetzee, persal no. 55568467, R5 155.65 QMS incentive.
L M Herholdt, persal no. 56257422, R5 011.29 QMS incentive.
V Loock, persal no. 54924855, R5 204.79 QMS incentive.
D J Marshall, persal no. 57179212, R3 943.49 QMS incentive.
T Rossouw, persal no. 51775336, R6 378.53 QMS incentive.
Y Stander, persal no. 82450081, R5 662.53 QMS incentive.
J P P Vos, persal no. 51461641, R9 598.77 QMS incentive.

Signature:

Commissioner: Henk Jacobs