IN THE EDUCATION LABOUR RELATIONS COUNCIL

IN THE MATTER BETWEEN

SAOU OBO AMOR JACOBS APPLICANT

AND

NORTHERN CAPE DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATION AWARD

CASE NUMBER: ELRC 312-26/27NC
DATE : 12 AUGUST 2026
PANELLIST : ZOLISWA TABA

Education Labour Relations Council
ELRC Building
261 West Avenue
Centurion
Tel: 012 663 0452
Fax: 012 643 1601
Website: www.elrc.org.za

Details of hearing and representation

1. The arbitration hearing was set down to be heard on 07 August 2026 through MS Teams platform. Mr H. Brand, an official from the trade union, SAOU, appeared for the Applicant. Mr R. Britz, the Respondent’s Labour Relations Assistant Director appeared on behalf of the Respondent.
2. This dispute was referred in terms of clause 9 read with clause 69 of the ELRC Constitution . The referral was filed after the Respondent failed to pay an acting allowance to the Applicant.

The issue to be decided

3. As per the signed pre-arbitration minute of the parties, the only issue the parties could not agree on, which is now an issue in dispute is the date when the Respondent ought to pay the outstanding allowance of R 200 282.75, owed to the Applicant.

Background to the issue

4. The Applicant filed a dispute with the ELRC after she was not paid an acting allowance. Although parties had interest in resolving the dispute, the Respondent could not confirm the exact date when payment would be made.
5. Parties requested to dispense with their right to lead oral evidence but decided to proceed with a stated case as the issue of payment due to the Applicant was not in dispute and there was no dispute of fact.
6. These are some of the facts which were recorded as common cause:
   6.1. The Applicant acted as a Principal from 01 February 2025 until 31 March 2026.
   6.2. The Applicant was entitled to an acting allowance of R 155 531.75 for the period of 01 February 2025 – 31 December 2025 and R 44 751.00 for the period 01 January 2026 – 31 March 2026.
   6.3. The total owed to the Applicant by the Respondent is R 200 282.75.
   6.4. Since there was no dispute of fact, no dispute on whether the Applicant acted and that she was indeed owed the amount of R 200 282.75, the case is to be dealt with as a stated case.
   6.5. There was no need for the Applicant who was booked off sick to testify as the amount in question was not in dispute.
7. I asked the parties to go on record and confirm the issue of the stated case, their decision to dispense with their right to lead evidence and to address all common cause issues on record. The proceedings were manually and digitally recorded.

Survey
The Applicant’s case ( H. Brand)

8. Mr Brand confirmed that no evidence would be led as it was common cause that an amount of R 200 282.75 was owed to the Applicant as per the pre-arb minute and confirmed the periods stated in the minute. The request was for payment to be made within 30 days as the Applicant had given the Respondent ample time to pay.

The Respondent’s submission (R. Britz)

9. Mr Brits confirmed that no evidence was needed as all issues were common cause except the date of payment. The Applicant acted and the amount of R 200 282.75 was owed to her by the Respondent. The Respondent had advised its employees on cost containment but he was not aware of any other reason why the Respondent did not pay what was due to the Applicant. He could not indicate a reasonable timeframe for the payment to be made and would abide by the decision of the Commissioner.

Analysis

10. In this case, the parties are in agreement that the Applicant has a legal claim against the Respondent and that the Respondent owes the Applicant the total amount being claimed as per the stated case/ pre-arb minute.
11. It is common cause that the Applicant lawfully acted in a position of a Principal and that she was owed an amount of R 200 282.75. There is no evidence before me indicating that the Respondent is legally prohibited to pay the acknowledged outstanding amount to the Applicant. Furthermore, when asked whether there was anything which prevented the Respondent to pay the Applicant, or whether there was anything which would make it difficult for the Respondent to pay within a certain timeframe, Mr Britz indicated that he was not aware of such and that the only reason he was made aware of was that of cost containment. Although cost containment may be viewed as a factor which may delay payments, such cannot be used to deny an employee who worked payment due to them. Cost containment may be used as a reason to request instalment arrangement but not as a means not to pay what is due.
12. What is clear and not disputed is that the Applicant is owed an amount of R 200 282.75 by the Respondent. In this case, no plea was made for an order that the amount due must be paid in instalments and no evidence was provided that the Respondent was not in a position to make the payment.
13. In the absence of such evidence and seeing that it is common cause that the Applicant is owed, it is therefore reasonable to give the Respondent until 30 September 2026 to pay the Applicant the amount which is owed to her. It must be noted that the amount has been owed since February 2025. The Applicant still kept providing services without being paid until 31 March 2026. It would be unreasonable to give the Respondent a longer period than what has already being given to it by the Applicant without any reasons given for the delay in payment.

Award

14. The Respondent, the Northern Cape Department of Education is ordered to pay the Applicant, Ms Amor Jacobs her acting allowance for the period of February 2025 until 31 March 2026 amounting to R 200 282.75.
15. The amount above must be paid by the Respondent to Ms Jacobs by no later than 30 September 2026.
16. The amount of R 200 282.75 must be paid by the Respondent into Ms Jacobs’ bank account known to the Respondent.
17. Interest, as set out in section 1 of the Prescribed Rate of Interest Act 55 of 1978 read with section 75 of the BCEA, will accrue from the time that the amount stipulated in this award becomes payable.

ELRC Panellist: Zoliswa Taba