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02 March 2026 -ELRC887-25/26KZN

Panelist: Clint Enslin
Case No.: ELRC887-25/26KZN
Date of Award: 26 February 2026

In the ARBITRATION between:

NAPTOSA obo Njabulo Ngwazi
(Union / Applicant)

and

Department of Higher Education and Training

(Respondent)

Applicant’s representative: Ms Ishara Dhanook
Applicant’s address:

Telephone: 08285517961
Telefax:
Email isharad@naptosa.org.za

Respondent’s representative: Mr Sandile Ngcobo
Respondent’s address:

Telephone: 0652448141
Telefax:
Email sandile.ngcobo@coastalkzn.edu.za

DETAILS OF HEARING AND REPRESENTATION

  1. This dispute was scheduled for arbitration in terms of Section 33A(4) of the Labour Relations Act 66 of 1995 as amended (“the LRA”) read with Clause 69 of the ELRC Constitution: ELRC Dispute Resolution Procedures. The hearing was held on-line via Teams, on 12 December 2025 and 16 February 2026. The Applicant, Mr Njabulo Ngwazi, through his Union NAPTOSA, referred a dispute relating to the alleged breach of a Collective Agreement to the ELRC.
  2. The Applicant was represented by Ms Ishara Dhanook, an official from NAPTOSA. The Respondent, Department of Higher Education and Training, was represented by Mr Sandile Ngcobo, an Assistant Director: Labour Relations of the Respondent.

ISSUE TO BE DECIDED

  1. I am required to determine if the Respondent is in breach of the Collective Agreement and if so, determine the appropriate relief.

BACKGROUND TO THE ISSUES

  1. The dispute concerns the alleged refusal and or failure of the Respondent to move the Applicant from his current REQV 13 to a REQV 14, as a result of him having obtained an Advanced Diploma in Technical and Vocational Teaching, and to accordingly place him on the correct notch.
  2. The following facts were agreed to between the parties as common cause and there existed no dispute of fact.

5.1 The Applicant is employed, by the Respondent, as a lecturer at the Coastal KZN TVET College.

5.2 He is currently on a REQV 13 and his current notch is R309 699 per annum.

5.3 He obtained an Advanced Diploma in Technical and Vocational Teaching on 5 July 2022, which is a REQV 14 qualification.

5.4 In terms of PAM Chapter B, B.10.2.4 he is entitled to be moved from REQV 13 to REQV 14.

5.5 As a result of the move from REQV 13 to REQV 14, the Applicant is entitled to an adjustment in his salary notch.

5.6 His correct notch should be R353 628 per annum and he is entitled to be placed on same.

5.7 He is entitled to R154 275,80 in back pay, for the period of 5 July 2022 until 31 January 2026, due to him being on the incorrect notch.

  1. The Respondent handed in a spreadsheet, which was marked “Annexure A” setting out the full breakdown of how the back pay amount was calculated for the period set out in paragraph 5.7 above. The parties agreed that the figures/amounts set out therein were correct and as such were common cause.
  2. The matter was digitally recorded.

SURVEY OF EVIDENCE AND ARGUMENT

  1. The parties confirmed that all facts were common cause, as captured above. Despite being given an opportunity to do so, both parties indicated that they had no further evidence or arguments to add and there was also nothing they wished to dispute. They were satisfied that the award could be done on the common cause facts.

ANALYSIS OF EVIDENCE AND ARGUMENT

  1. It is common cause that the Applicant is on the incorrect notch and that he qualified to be moved to a REQV 14 with effect from 5 July 2022.
  2. It is further common cause that he is currently on notch R309 699 per annum, but should be on notch R353 628 per annum.
  3. It is also common cause that, as a result of the above, he is entitled to back pay in the amount of R154 275,80 for the period of 5 July 2022 until 31 January 2026. This amount was provided by the Respondent.
  4. It is further common cause that the qualification obtained by the Applicant is a REQV 14 qualification and that he is currently on a REQV 13.
  5. PAM Chapter B, B.10.2.4 reads: “Educators with REQV 13 – If a serving educator with REQV 13 (or lower) on post level 1 or a principal receiving an allowance for performing the duties of principal improves his/her education qualifications, which has the effect that his/her REQV improves to REQV 14, such an educator’s salary will be adjusted to notch code 85. If the educator is already on notch code 85 or beyond, he/she will receive a cash bonus equal to 10% of notch code 85.”
  6. Clause 69.1, of Annexure “C” (Dispute Resolution Procedures) of ELRC Resolution 6 of 2016, provides that the General Secretary may promote, monitor and enforce compliance with any Collective Agreement of the Council, within the scope of the Council and in terms of this section 33 and section 33A of the Act.
  7. Clause 69.5 provides that the General Secretary may refer any unresolved dispute concerning compliance with any provision of a Collective Agreement to arbitration by a panellist appointed by the Council or the CCMA, as the case may be.
  8. Clause 69.6 provides that despite clause 69.5, an educator may refer a dispute to the ELRC concerning the failure to pay an amount owing to that employee in terms of the Basic Conditions of Employment Act, the Employment of Educators Act, the Personal Administrative Measures (PAM), or any other regulations or subordinate legislation promulgated by the Minister of basic Education or MEC for Education in the respective Province where an educator is employed as it relates to conditions of service, a Collective Agreement and a contract of employment.
  9. Clause 69.8 provides that a panellist, conducting an arbitration in terms of this clause 69 and section 33A of the Act, has the powers of a Commissioner in terms of section 142 of the Act, read with the changes required by the context.
  10. Clause 69.9 provides that Section 138 of the Act, read with the changes required by the context, applies to any arbitration conducted in terms of this section.
  11. The Applicant’s claim for his upwards movement from REQV 13 to REQV 14, as a result of the qualification he obtained, is not disputed. The rectified notch, as a result of the move to REQV 14, as well as the amount of back pay for the failure to place him on REQV 14 with effect from 5 July 2022, is agreed.
  12. Neither party had anything they wished to place in dispute or lead any additional evidence on, despite being afforded an opportunity to do so.
  13. The Applicant has requested to be placed on the correct notch and to receive the relevant back pay as a result of his REQV 14 qualification and him having been on the incorrect notch.
  14. In terms of section 138(9) of the LRA “[a] commissioner may make any appropriate arbitration award in terms of this Act, including, but not limited to, an award-
    (a) that gives effect to any collective agreement,
    (b) that gives effect to the provisions and primary objects of this Act,
    (c) that includes or is in the form of a declaratory order.”

AWARD

  1. The Respondent, the Department of Higher Education and Training, is in breach of the terms of PAM B.10.2.4 by failing to place the Applicant, Mr Njabulo Ngwazi, on the correct notch as a result of his REQV 14 qualification.
  2. The Respondent is accordingly ordered to place the Applicant on notch R353 628 per annum, with immediate effect.
  3. As a result of the failure to place the Applicant on the correct notch with effect of 5 July 2022, the Respondent must pay the Applicant the amount of R154 275, 80 in back pay for the period of 5 July 2022 until 31 January 2026.
  4. The amount in paragraph 25, being R154 275,80, must be paid to the Applicant by no later than 31 March 2026.

Clint Enslin
(ELRC) Arbitrator