In the arbitration between:

H A MOTTIAN APPLICANT

and

DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATION AWARD

1 . REPRESENTATION

The Applicant was represented by Mr Pierce (APEK) and the Respondent was represented by Mr Nbidi, from the Department.

2 . ISSUE

The Post 1110 is in dispute. Applicant was offered the post by the Governing Body. He duly accepted on the 1 July 99. Another application was made by educator Mr Padayachee with regards to the same Post No 1110. As a result of the dispute being declared, an appointment was not effected. The Padayachee matter went through to Arbitration and an award was made dated 6 April 2000 by Mr Rajah Naidoo. He ruled that the short-listed candidate for the post must be re-interviewed. Applicant the Applicant in this arbitration was a short-listed candidate.

3 . THE DEPARTMENT SUBMISSION

Post No 1110 is in dispute and the Respondent is compelled to act by Mr Rajah Naidoo’s award which states that short-listed candidates must be re-interviewed. The Respondent further submitted that the recourse that Applicant has is to take the award on review should he not want to submit himself for a re-interview.

4 . THE UNION’S SUBMISSION

The Union argued that the ELRC must have been aware that an award was given but still registered Applicant’s dispute and hence this gives credence to the legitimacy of Applicant’s dispute.

5 . ASSESSMENT OF EVIDENCE

An award with regards to Post 1110 has already been given and therefore has to take its course. Should an Applicant dispute this award, the normal course of action would be to take the award on review. The registration of Applicant’s dispute by the ELRC, is viewed as providing Applicant with his right to declare a dispute.

6 . RULING

.1 The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.

.2 The matter cannot be arbitrated for the second time.

S BOBAT
ARBITRATOR

EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD

CASE NUMBER PSES 136 KZN
APPLICANT H A MOTTIAN
RESPONDENT DEPARTMENT OF EDUCATION
NATURE APPOINTMENT
ARBITRATOR S BOBAT
DATE OF ARBITRATION
VENUE

REPRESENTATION:

APPLICANT MR PIERCE (APEK)
RESPONDENT MR NBIDI

AWARD:

1. The Applicant, Applicant, either takes the award given by Mr Rajah Naidoo with regards to Post No 1110 on review or he submits to being re-interviewed as the award orders.

2. The matter cannot be arbitrated for the second time.

DATE OF AWARD