In the arbitration between:

H A MOTTIAN APPLICANT

and

THE DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATOR’S 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, Mr. Mottian was offered the post by the Governing Body. He duly accepted on the 1/07/99, 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/Q4/200D by Mr. Rajah Naidoo. He ruled that the short listed candidate for the post must be re-interviewed, Mr. Mottian the applicant in this arbitration was a short listed candidate.

3. THE DEPARTMENT SUBMISSION

Post No. 1110 is in dispute and the department is compelled to act by Mr. Rajah Naidoo’s award which states that short-listed candidates must be re- interviewed. The department further submitted that the recourse that Mr. Mottian 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 Mr. Mottian’s dispute and hence this gives credence to the legitimacy of Mr. Mottian’s dispute.

5. ASSESSMENT OF EVIDENCE
5.1 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 Mr. Mottian’s dispute by the ELRC is viewed as providing Mr. Mottian with his right to declare a dispute.

5.2 The Applicant, Mr Mottian, 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.

5.3 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 KZN
NATURE APPOINTMENT
ARBITRATOR S BOBAT
DATE OF ARBITRATION
VENUE

REPRESENTATION:

APPLICANT MR PIERCE
RESPONDENT MR NBIDI

AWARD:

1 The Applicant, Mr Mottian, 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