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18 August 2025 – ELRC104-25/26WC

IN THE EDUCATION LABOUR RELATIONS COUNCIL

Case No: ELRC104-25/26WC

In the matter between

NAPTOSA obo TASNEEM KANJEE Applicant

and

THE DEPARTMENT OF HIGHER EDUCATION Respondent

Arbitrator: Pumeza Ndabambi
Date of award: 23 July 2025

SUMMARY: Labour Relations Act 66 of 1995 – Unfair Labour Practice in terms of section 186(2)(a) – unfair conduct relating to Benefits.

ARBITRATION AWARD

DETAILS OF HEARING AND REPRESENTATION

  1. This matter came before the Education Labour Relations Council (ELRC)for arbitration, in terms of section 191(5)(a)(iv) of the Labour Relations Act No. 66 of 1995, (the LRA). The Applicant, Ms Tasneem Kanjee, was represented by Mr Ockert van Niekerk, an official of NAPTOSA and the Respondent, Department of Higher Education was represented by Mr Simphiwe Dlamini, the Senior Labour Relations Officer.
  2. The proceedings were held virtually through MS-Teams and were recorded electronically.

BACKGROUND TO THE DISPUTE

  1. The Applicant improved her qualifications and was awarded an Honours: Computer-integrated Education degree by the University of Pretoria. The Applicant applied for the Improved Qualification bonus and has not been paid to-date, despite the Respondent having agreed to payment of such benefit in a previous sitting before the ELRC.
  2. The Applicant, therefore, seeks payment of her Qualification bonus with interest and has further prayed for a costs order against the Respondent for the delay in resolving the matter.

EVIDENCE AND ARGUMENT

  1. Both parties agreed that the Applicant indeed applied for the Qualification bonus by submitting an application, the receipt of which was acknowledged by the Respondent. Such application was not actioned and the Applicant filed a grievance and also received no outcome as it was not entertained by the Respondent. A dispute was lodged with the ELRC under case number ELRC681-24/25WC which was withdrawn because the Respondent agreed that they would pay the Applicant, and the withdrawal terms were such that should the Respondent not honour the agreement they would refer a fresh dispute to the ELRC, hence the present dispute.
  2. The Applicant applied again on 2 May 2025 and the matter was referred again to the ELRC for conciliation on 29 May 2025 which could not resolve the matter. The Applicant’s notch at the time of qualification on 5 April 2023 was R359 517. 00 for Level 8. The 10% of that minimum notch is R35 951. 70. Both parties agree on this amount and that the Respondent agreed to pay the amount by 15 August 2025.
  3. The Respondent is not opposed to this remedy and seeks an arbitration award to that effect.
  4. The parties differed on the submission by the Applicant’s representative for a costs order and the fact that the amount must be with interest from the due date to the date of payment because of the delay and injustice suffered by the Applicant and that there must be consequences for non-compliance.
  5. The Respondent submissions were to the effect that it is impractical to them to pay interests and be ordered to pay costs because the amounts from the Applicant were incorrect and further under the fiscal cliff that the government is operating on it will be prejudicial and that the representative had no mandate to agree to such. They reiterated their commitment to pay the bonus in terms of the Resolution, if agreed.

ANALYSIS OF SUBMISSIONS

  1. Section 185 of the LRA states that every employee has a right not to be unfairly dismissed or subjected to unfair labour practices, giving effect to section 23 of the Constitution of the Republic of South Africa. This dispute is referred as an unfair labour practice dispute in which the onus rests on the employee to prove the conduct complained of.
  2. In this matter it is common cause that the Applicant was due for a Qualification Bonus which both parties agree is a benefit that is due to the Applicant and further that the Respondent concedes that it was not paid to the Applicant and undertakes to make such a payment.
  3. Based on the evidence of salary scales presented by the Respondent, the minimum salary notch as of 1 April 2023, was R359 517. 00 per annum and 10% amounts to R35 951. 70. The Applicant attained her improved qualification in April 2023 and the amount agreed upon by the parties is the amount that was due in April 2023, when the Applicant qualified.
  4. On the issue of interest and costs, I find that the Respondent has agreed and committed to pay the amount due to the Applicant. The submissions made by the Respondent in respect of costs and interest are acceptable and having noted the Applicant’s frustration in having this matter resolved. I am of the view that the outcome of this arbitration, in so far as the Respondent’s concessions, agreement and their conduct does not prejudice the Applicant and will bring finality to the matter. I find that the Applicant discharged the onus as required in proving that the Qualification Bonus is a benefit and non-payment thereof amounts to an unfair labour practice.
  5. In the circumstances, I must grant the remedy as prayed for by the Applicant and agreed upon by the Respondent in so far as payment of the Qualification Bonus.

AWARD

  1. The Respondent, Department of Higher Education, committed an unfair labour practice in not paying the Qualification Bonus to the Applicant, Tasneem Kanjee.
  2. The Respondent, Department of Higher Education, is ordered to pay the Applicant, Tasneem Kanjee, the Qualification Bonus of R35 951.70 by no later than 31 August 2025, as agreed.
  3. No order as to costs.

PUMEZA NDABAMBI
PANELLIST: EDUCATION LABOUR RELATIONS COUNCIL