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09 July 2025 – ELRC153-25/26EC

Case Number: ELRC153-25/26EC
Commissioner: Henk Jacobs
Date of Ruling: 03 July 2025

In the matter between

NAPTOSA obo Sakheluxolo Petros
(Applicant)

And

East Cape Midland TVET College
(Respondent)

Union/Applicant’s representative:

Mr A Adams

Telephone:
Telefax:
E-mail: antona@naptosa.org.za

Respondent’s representative:
Respondent’s address: Mr L Mpati

Telephone:
Telefax:
E-mail: Lungisa.mpati@emcol.co.za

Details of hearing and representation
  1. The arbitration hearing referred in terms of Item 5 of the ELRC Constitution, was held virtually on 27 June 2025.

2 The applicant, Mr Sakheluxolo Petros, was represented by Mr A. Adams, an official from the National Professional Teachers Organisation of South Africa (NAPTOSA). The respondent, East Cape Midlands TVET College, was represented by Mr Mpati, the 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

  1. The issue to be decided is whether the Respondent unilaterally changed the terms and conditions of employment of the Applicant. Background to the matter
  2. The Applicant was employed on a permanent basis since 2014 whereafter, at some point, he was requested to sign yearly fixed term contracts by the Respondent.
  3. The Applicants sought to be reinstated back to his permanent position prior the change to his terms and conditions of employment.
  4. During the proceedings, the Applicant submit a document into record, which is a PERSAL printout, stating that the Applicant is employed on a permanent basis retrospectively since 2014. Based on the document submitted into record and the agreement between both parties that the Applicant was employed on a permanent basis, I find it appropriate to issue the following award.

Award

  1. The applicant, Sakheluxolo Petros, is employed by the respondent, East Cape Midlands TVET College, on a permanent basis in term of the PERSAL printout, as a Lecturer, from 01 January 2014.
  2. The Respondent is directed to refrain from requesting the Applicant to sign any further fixed term contracts.

Signature:

Commissioner: Henk Jacobs