ELRC490-23/24GP

IN THE ELRC ARBITRATION
BETWEEN:

Daniel Makubela “the Applicant”
and
DEPARTMENT OF EDUCATION – Gauteng “the Respondent”

DEFAULT AWARD

Case Number: ELRC490-23/24GP

Arbitration date: 22 February 2024

Date of Default Award: 6 March 2024

Pitsi Maitsha
ELRC Arbitrator

Education Labour Relations Council
ELRC Building
261 West Avenue
Centurion
Tel: 012 663 0452
Fax: 012 643 1601
E-mail: gen.sec@elrc.co.za
Website: www.elrc.org.za

DETAILS OF HEARING AND REPRESENTATION

1. On 22 February 2024, an arbitration hearing was held on Zoom. This arbitration was conducted under the auspices of the ELRC in terms of section 191(5)(a) of the Labour Relations Act, 66 of 1995, as Amended “The Act”.

2. The applicant is Mr. Daniel Makubela, and he was represented by Pieter Parsons Attorneys. The respondent is The Department of Education: Gauteng and did not attend the proceedings.

3. I verified with the applicant that the details and address of the respondent were correctly recorded on the notice of set down. I perused the file and established that the respondent was notified by an email sent on 19 January 2024. I am therefore satisfied that the Respondent was duly notified of the hearing and, in terms of section 138(5)(b)(i) of the “LRA,” I continued in default.

ISSUE TO BE DECIDED

4. I am required to determine whether the conduct of the respondent not to pay the applicant a 1.0% percent pay progression constituted unfair labor practice. If so, make an appropriate order.

BACKGROUND DETAILS

5. The applicant was appointed by the respondent on 6 January 1990, as an Educator, and he was appointed on 1 July 2008 as Senior Education Specialist. He is based in Tshwane West District.

6. He is earning a gross salary per annum in the amount of R583,452 or R48,621.00 per month.

7. The respondent had entered into an agreement known as the PSBC Resolution 1 of 2018, wherein the parties agreed that all employees would receive a 1.5% increase for pay progression, effective from 1 July 2022. He was never paid the aforementioned percentage, but he was receiving 0.5% for the period 2021-2022 financial year.

8. He is seeking the outstanding monies to be paid.

THE EVIDENCE OF THE APPLICANT

9. The applicant testified that he believed that there was an underpayment of 1%. He met the criteria, and the respondent only paid 0.5%.

10. He testified that the respondent must adhere to the Resolution and be backdated to July 2022. The total amount due is R8,065.00.

ANALYSIS

11. This matter concerns the interpretation of a collective agreement relating to pay progression in terms of PSCBC Resolution 1 of 2018.

12. In terms of the Resolution mentioned above, the parties to the Public Service Coordinating Bargaining Council (PSCBC) concluded an agreement in terms of which all employees in the public service sector would be given an increase of 1.5% for pay progression. Unfortunately, this increase was not applied correctly by the respondent on the applicant's part. The applicant claims that instead of being given the correct percentage of 1.5, the respondent was always adjusting his salary by 0.5%.

13. He accordingly wants the above to be corrected and adjusted in terms of PSCBC Resolution 1 of 2018. There was no explanation provided to the applicant by the respondent as to its failure to comply with the 2018 Resolution.

14. In this matter, it is the applicant’s version that he met the criteria set out in the 2018 Resolution. If indeed, the applicant met the criteria to entitle him to receive a full percentage of 1.5% towards pay progression, there was no reason for the respondent to deprive him of it.

15. Having regard to the above, I am of the view that the applicant is entitled to the relief he sought in this matter.

16. Regarding the above, I am satisfied that the applicant has discharged the onus to establish that the conduct by the respondent not to pay him 1.5% in full toward pay progression in terms of the 2018 Resolution constituted non-compliance with the terms of that collective agreement.

17. Turning to the appropriate remedy, the applicant has stated that the amount the respondent owes him is R8,065.00 from July 2022 to the present. Having regard to the above, I am of the view that I have no contrary reason to reject this claim, and as a result, the applicant’s wish that the remaining 1% for pay progression be paid should be granted.

18. In the premises, I find the following award competent.

AWARD

19. I find that the applicant, Daniel Makubela, has discharged the onus to establish that the respondent has failed to comply with the collective agreement PSCBC Resolution 1 of July 2018.

20. As a result of the above, I order the respondent, Department of Education: Gauteng, to pay the applicant, Daniel Makubela, a sum of R8,065.00 (eight thousand and sixty-five Rands) in lieu of the pay progression.

21. The aforesaid amount is payable to the applicant by not later than 31 March 2024.


P. Maitsha
ELRC Panelist