Commissioner: Nasreen Jajbhay
Case No: ELRC 254-26/27NW Date of Ruling: 5 August 2026

In the ARBITRATION between:

TSHEPO KATLEGO LEHIHI APPLICANT

and

VUSELELA COLLEGE RESPONDENT

Union/Applicant’s representative: In person


Respondent’s representative: Mr Mthimkulu

DETAILS OF HEARING AND REPRESENTATION

1. The dispute was referred to the Education Labour Relations Council, hereinafter (“Council”) by the applicant, Mr Lehihi, challenging his salary adjustment.
2. The applicant was present.
3. The respondent was represented by human resources manager, Mr Mthimkulu.

ISSUE TO BE DECIDED

4. I am required to decide whether the applicant is entitled to the salary notch of RQV 14 together with back pay from October 2023.

PRELIMINARY POINT

5. The respondent requested postponement of the matter on the basis that an interview was underway and that he had just been appointed as chairperson. He indicated that another panel member had been holding down the fort.
6. The applicant objected to the postponement on the basis that the respondent had indicated that there was someone to hold down the fort in his absence. He submitted that the matter would be delayed if postponed.
7. The respondent accepted the applicant’s submissions and indicated that the matter could proceed.
8. I was not convinced by the submissions presented and consequently, in the absence of good cause shown, denied postponement.

BACKGROUND

9. The applicant was employed as a PL1 lecturer during October 2017. He is currently employed. He is remunerated at a monthly salary of R26481.03. The applicant sought to be placed on the correct salary notch together with backpay.

SURVEY OF SUBMISSIONS
It must be noted that, the below submissions serve as what I believed to be the pertinent points presented and must be read in conjunction with the pleadings adduced. I am required to provide a summary and not a verbatim record of the submissions presented.

APPLICANT’S SUBMISSIONS

10. The respondent relied on oral evidence in support of his case. The applicant testified inter alia that, he would like to be placed on the correct salary notch from RQV 13 to RQV 14. He seeks backpay from the 23rd September 2023, this being the date of submission. The qualification entitles him to a higher salary notch. In 2024, he completed another qualification. He could not submit this one in view of a pending qualification. His colleagues salaries have been adjusted. He seeks back pay in the amount of R200 000.00.

RESPONDENT’S SUBMISSIONS

11. The respondent relied on oral and documentary evidence. The respondent’s bundle was marked and referred to as “B” for ease of reference. Teddy Mthinkulu, testified inter alia that, it is not disputed that the applicant should be remunerated at salary notch RQV 14 or that he is entitled to back pay from the 1st October 2023. An estimated amount of R200 000.00 is due to the applicant which is subject to an audit and statutory deductions.

ANALYSIS OF SUBMISSIONS

12. In rendering my determination, I had credence to the contending versions, applicable legal principles and candor and demeanor of witnesses.
13. Since it was not disputed that the applicant fulfilled his qualification and is entitled to be remunerated at the salary notch of RQV 14, the applicant is entitled to the relief sought.

RELIEF

14. The applicant is entitled to back pay in the sum of R206 880.50 from September 2023 calculated for each year as follows: [R35167.50 + R73641.00 + R73830.00 + R24242.00].

AWARD

15. In the premises, having found in favour of the applicant, Mr Tshepo Katlego Lehihi, the respondent, Vuselela College, is ordered to adjust the applicant’s salary notch to RQV 14 by no later than the 25th August 2026.
16. The respondent is further ordered to pay the applicant back pay in the amount of R206 880.50 by no later than the 25th August 2026.
17. This amount is subject to statutory deductions.

NASREEN JAJBHAY

ELRC Commissioner
Date : 5 August 2026