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17 June 2025 2025 -ELRC78-25/ 26 EC

Arbitrator: Macjon Maarman

Case number: ELRC78-25/ 26 EC

Date of Award: 10 June 2025

Hlombe Gwaxula

Applicant

And

Department of Higher Education and Training
(Port Elizabeth TVET College) Respondent

DETAILS OF HEARING AND REPRESENTATION

  1. The arbitration hearing took place virtually on 03 June 2025. The applicant, Ms. Hlombe Gwaxula, was present and presented her own case. The respondent, Department of Higher Education and Training (Port Elizabeth TVET College), was present and represented by Ms. Kgabo Maupye. The proceedings were manually and digitally recorded.

ISSUE TO BE DECIDED

  1. I am required to determine whether the respondent owes the applicant her due salaries and compensation for emotional and financial losses. The applicant seeks compensation.

SURVEY OF EVIDENCE AND ARGUMENT

  1. This award does not contain everything that was said that the arbitration or in the arguments of the parties. It only records the evidence and arguments material to the subject matter and the finalization of the dispute. This is in line with section 18.6.1 of the ELRC constitution as well as section 138 (7) of the LRA.

The applicants’ case

  1. Ms. Hlombe Gwaxula (herein after “the applicant”) testified that she started working for the respondent in 2020 as a lecturer and earned R21 520, 57 per month. She said that she submitted her resignation on 11 February 2025 based on 05 days’ notice.
  2. The applicant said that the respondent owes her 11 days of work in February 2025. She said that is also further claiming compensation equal to the rest of the month of February 2025 which is for emotional and financial losses. The respondent had no cross examination questions for the applicant

The respondent’s case

  1. Ms. Chantel Jansen (herein after “Ms. Jansen”) testified that she is the respondent’s Assistant Director for Human Resource Management and Development. She said that the applicant’s last working day was 11 February 2025 and that the respondent does not dispute that they still owe her for the 11 days.
  2. Ms. Jansen said that the applicant gave short notice and the respondent cut off payments on the 01st of February 2025.
  3. Under cross examination Ms. Jansen said that their finance department was supposed to determine how much the 11 days is in rands and cents and she also personally enquired the same when she went to Pretoria recently but did not receive any response.

ANALYIS OF ARGUMENT:

  1. Clause 69.6 of the ELRC Constitution says that “…an educator may refer a dispute to the ELRC concerning the failure to pay an amount owing to that employee in terms of the Basic Conditions of Employment Act, the Employment of Educators Act; the Personnel Administration Measures (PAM); or any regulations or subordinate legislation promulgated by the Minister of Basic Education or MEC for Education…as it relates to the conditions of service, a collective agreement and a contract of employment”.
  2. In this case the applicant sought her wages for her 11 days of work at the respondent as well as compensation for “emotional and financial losses”.
  3. In this case the respondent conceded that an amount of R7509, 33 (Nett payment). That amount is thus due to the applicant.
  4. The applicants’ second claim for compensation for emotional and financial losses equaling to another half’s month’s wages is understandable. It is however not possible to award such compensation at the ELRC or through a dispute such as Non-payment of salary. The applicant is thus only due her wages for which she worked.

AWARD

  1. The respondent, Department of Higher Education and Training (Port Elizabeth TVET College), must pay the applicant, Ms. Hlombe Gwaxula R7509, 33 (Seven thousand five hundred and nine rands and thirty-three cents) by 23 June 2025.

Panelist: Macjon Maarman
ELRC78-25/ 26 EC