IN THE EDUCATION LABOUR RELATIONS COUNCIL HELD VIA ZOOM DIGITAL PLATFORM

Case No ELRC478-21/22EC

In the matter between

SAOU obo Viljoen, Tiaan Applicant

and

Provincial Department of Education: Eastern Cape Respondent

Arbitrator: Pumeza Ndabambi

Heard: 9 December 2021

Date of award: 18 January 2022

SUMMARY: Labour Relations Act 66 of 1995 – alleged unfair labour practice relating to benefits in terms of section 186(2)(a) – whether claim relating to non-payment of travelling allowance constitutes benefits for purposes of section 186(2)(a)

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, as amended (the LRA). The Applicant, Mr Tiaan Viljoen, was represented by Ms Schane Te Brugge an official of Suid Afrikaanse Onderweyser Unie (SAOU) and the Respondent, Department of Education: Eastern Cape was represented by Mrs Hendriena Stucki, the Labour Relations Officer.

2. The proceedings were held virtually through Zoom and were recorded electronically on the same virtual platform (Zoom).

ISSUE TO BE DECIDED

3. I am required to determine whether the non-payment of the Applicant’s travelling allowance amounts to an unfair labour practice, and if so, determine an appropriate remedy.

BACKGROUND TO THE DISPUTE

4. The Applicant is an Educator and was appointed as an Internal Moderator: Tourism. On 8-9 July 2021 he attended a meeting in King Williamstown with regards to Memorandum Discussion for Tourism and submitted a travel claim which has not been paid to-date. That is the cause of action in this arbitration.

EVIDENCE AND ARGUMENT

Applicant’s Submissions

5. The Applicant attended a Memorandum Discussion meeting for Tourism in King Williamstown on 8-9 July 2021 and submitted his travel claim to the department thereafter. He has not been paid the amount of R1 914.36 which he claimed. He therefore seeks payment of this amount as a remedy.

Respondent’s Submissions

6. The Respondent admits that the Applicant is owed the amount as stated and they are not opposed to the proposed remedy and seeks an arbitration award to that effect. The representative states that they are in the process of reducing the backlogs of payments caused by lack of electricity for a year.

ANALYSIS OF SUBMISSIONS

7. 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.

8. In this matter it is common cause that the Applicant travelled on work-related circumstances and submitted a claim to that effect, amounting to R1 914.36 which has not been paid. The Respondent concedes to owing the Applicant such an amount and seeks an award to that effect.

9. it is further not disputed that the allowance referred to is a benefit as alleged by the Applicant. I must find therefore that the travelling allowance is a benefit and that the Applicant is entitled thereto.

10. In the circumstances, I must grant the remedy as prayed for by the Applicant and agreed upon by the Respondent as outlined in paragraph 7 above.

AWARD

11. The Respondent, Department of Education, committed an unfair labour practice in not paying Tiaan Viljoen’s travel claim of R1 914. 36.

12. The Respondent, Department of Education, is ordered to pay the Applicant, Tiaan Viljoen, the amount of R1 914. 36 in lieu of his travel claim.

13. The Respondent, Department of Education, is ordered to pay the amount to the Applicant, Tiaan Viljoen, by no later than 28 February 2022.

PUMEZA NDABAMBI
PANELLIST