In the arbitration between:

MR Y D SOMAI APPLICANT

and

DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATION AWARD

1 . THE ISSUE IN DISPUTE

.1 Unfair Labour Practice : Termination of the Services of Y D Somai, a Temporary Educator.

.2 The unfair conduct of the respondentrelating to the termination of her services.

.3 Resolution sought : To be re-instated as a Temporary Educator because of service history.

2 . PRE-ARBITRATIN HEARING

Both parties agreed to a pre-arbitration hearing to resolve the dispute with Ms Y D Somai as agreed to at conciliation where the Department undertook to refer the matter to the Department to re-assess the case of Ms Y D Somai because of her service history.

3 . BACKGROUND

.1 APPLICANT

.1 Applicant stated that the Respondent terminated her services on, as she was NOT a protected educator.

.2 The Applicant disputed that she was in fact protected and therefore wished to be reinstated as a temporary educator with a “protected status”.

.2 RESPONDENT

The Respondent acknowledged the following:

.1 Mrs Somai was appointed by the Department of Education in 1994 at Ladysmith as a substitute educator and her services kept on rolling over up until 30 June 1996, which was a cut-off date for temporary educators to be granted protected status. The Department did not consider her as protected because she was appointed in a substitute post, which does not create an expectation for continued appointment.

.2 At conciliation it was discovered that her services was continuous without a break in service that exceed 120 days from her date of appointment.

.3 The Guidelines for Conciliation of Disputes concerning the termination of services of temporary educators states that any educator appointed in 1994 and his/her services rolls over until 30 June 1996 with no breaks in service exceeding 120 days would be granted a protected status.

4 . RECOMMENDATION

The Department recommended that Ms Somai be granted “PROTECTED STATUS” as per the recommendation of the conciliation on 06 March 2001. Ms Somai is reinstated to her post as a “Protected Temporary Educator” with effect from 1 September 2000.

5 . UNION’S RESPONSE

Ms Somai accepted the Respondent’s proposal and the Union thanked both Mr Nene and Mr Sivy Naidu for the mature and professional manner in which this dispute was resolved.

6 . ARBITRATION AWARD

Ms Somai is re-instated as a “Protected Temporary Educator” with effect from 1 September 2000 as per the agreement signed by Mr M N Zulu and Y D Somai on 13 March 2001.

J KALIDEEN
ARBITRATOR
DATE: 13 MARCH 2001

EDUCATION LABOUR RELATIONS COUNCIL
ARBITRATION AWARD

CASE NUMBER PSES 165 KZN
APPLICANT MR Y D SOMAI
RESPONDENT DEPARTMENT OF EDUCATION
NATURE UNFAIR DISMISSAL/REINSTATEMENT
ARBITRATOR J KALIDEEN
DATE OF ARBITRATION 13 MARCH 2001
VENUE DURBAN

REPRESENTATION:

APPLICANT S D NENE
RESPONDENT MR M N NENE

AWARD:

Ms Somai is re-instated as a “Protected Temporary Educator” with effect from 01 September 2000 as per the agreement signed by Mr M N Zulu and Y D Somai on 13 March 2001.

DATE OF AWARD 13 MARCH 2001