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19 March 2026 -ELRC969-25/26EC

Panelist: Jonathan Gruss Case No.: ELRC969-25/26EC Date of Award: 16 March 2026

In the ARBITRATION between:

NAPTOSA obo Eileen Watson
(Applicant)

and

Department of Education: Eastern Cape

(Respondent)

Applicant’s representative: Adv Saayman – NAPTOSA

Respondent’s representative: Mr Jacobs – CES

Summary: Labour Relations Act 66 of 1995, as amended, sections 33 and 33A read with clauses 7.2.2 and 69 of the ELRC Dispute Resolution Procedures, enforcement, bonus owed for improvement REQV 14 and higher qualifications.

DETAILS OF HEARING AND REPRESENTATION

  1. This dispute was scheduled for arbitration in terms of Section 33A (4) of the Labour Relations Act 66 of 1995 as amended (“the LRA”) read with Clause 7.2 and 69 of the ELRC Constitution : ELRC Dispute Resolution Procedures. The hearing was held in Humansdorp on 27 February 2026 and the proceedings were electronically recorded. The applicant’s union, NAPTOSA referred an enforcement dispute on behalf of the applicant, Eileen Watson to the ELRC. The applicant was represented by Adv. Saayman an official of NAPTOSA. The respondent, Department of Education: Eastern Cape was represented by Mr Jacobs, Chief Education Specialist: Labour Relations.

ISSUE TO BE DECIDED

  1. This dispute concerns the alleged none-payment of a 10% cash bonus for recognition of qualification improvement from REQV 14 to REQV 15 for a Post Graduate Diploma in Public Management on 30 September 2025 in terms of PAM chapter B10.2.3 and Collective Agreement 5 of 2002.

BACKGROUND TO THE ISSUES

  1. The applicant applied for a cash bonus for the recognition of qualification of her Post Graduate Diploma in Public Management REQV 15. Her request was refused in that allegedly according to the Department of Higher Education and Training her qualification is equivalent to her BEd degree qualification and therefore she did not qualify for 10% cash Bonus.

SURVEY OF EVIDENCE

  1. This is a brief summary of evidence considered as provided for in terms of Section 138(7)(a) of the Act relevant to the dispute at hand and does not reflect all the evidence and arguments heard and considered in deciding this matter.
  2. The applicant gave evidence under oath to the following effect. She is employed by the respondent as a Post level 1 Educator at St Colmcille Secondary School. She teaches grades 8 and 11, History, Afrikaans and Economic Management Science (EMS). She was permanently appointed in May 2013. She has a Baccalaureus Education Degree in General Education and Training: Intermediate Phase that she got on 21 April 2010 . This degree is valued as a REQC 14 qualification, 4 years studies with 480 credits. On 1 September 2025 she was awarded from the University of Pretoria a Postgraduate Diploma in Public Management. This qualification studies are 2 years.
  3. According to the South African Qualifications Authority the registered qualification of a Postgraduate Diploma in Public Management. The qualification is the NQF level 08 and the purpose of the qualification, the Postgraduate Diploma in Public Management focuses on enhancing learners, problem-solving, information management and people management expertise necessary for private and public sector managers. The purpose of this qualification is to prepare learners for professional and managerial leadership roles in the private, public, development and for non-profit sectors. The rationale for qualification is one of two existing contact qualifications at the postgraduate diploma level that selected for distant delivery. The institution recognizes the ever growing need for learners for middle and senior management. There is a need for practical skill improvement, work place application knowledge, professional development, workplace competence, and career progression opportunities. The qualification will increase access to learners with sub Sara Africa. The online platform offers an opportunity to take these courses into the international space to a greater extent. The qualification targets learners who have at least 3 years of relevant work experience. She requested on 4 November 2025 for the District Office to review the letter dated 30 September 2025 wherein it was stated that she will not receive the cash bonus payment after completing a Postgraduate Diploma in Public Management.
  4. According to Government Gazette No.40610, Policy on the Recognition and Validation of Qualification for Employment in Education , the current basic qualification is a four-year Bachelor of Education degree or 3 year bachelor degree and an AD: Teaching or PGCE or HDE (pg) or UED or other professional teaching qualification. The current REQV for that is REQV14. The next qualification is Honour’s degree, Master’s degree or Doctorate. (REVQ 15, 16 and 17); Postgraduate diploma , Master’s degree and doctorate (REVQ 15, 16 and 17). Therefore the Postgraduate Diploma in Public Management is rated at REVQ 15. According to Chapter B10.2.3 of PAM if a serving educator on post level I with REVQ 14 or higher or an educator on post levels 2 to 6 with REVQ or higher improves his/her REQV such educators will receive a cash bonus equal to 10% of the entry notch code of REVQ 14.
  5. The entry notch is 164 amounts to an annual salary of R351 972. Therefore 10% of that amounts to R35 197.20.

ANALYSIS OF EVIDENCE AND ARGUMENT

  1. The respondent did not cross-examine the applicant neither did they present evidence to contradict the applicant’s version. Therefore, the applicant version remained uncontested.
  2. Clause 7.2. of Annexure “C” (Dispute Resolution Procedures ) of ELRC Resolution 1 of 2023 provides that subject to clause 7.2.2, any party to a dispute may elect to refer such dispute for a compliance order in terms of clause 69 regarding:

10.1 any dispute concerning a contract of employment, irrespective whether a basic condition of employment set in the BCEA constitutes a term of that contract; or
10.2 any dispute regarding the alleged non-compliance with a provision of the BCEA, subject to clause 7.5.

  1. Clause 69(2) also provides that a Collective Agreement of the Council is deemed to include:

11.1 Any basic condition of employment which constitutes a term of a contract of employment of any employee covered by the Collective Agreement in terms of section 49(1) of the BCEA; and;
11.2 subject to clause 7.5, any other basic condition in the BCEA applicable to an employee falling within the scope of the Council where such employee’s employer is a party to the Council;

  1. Clause 69.8 provides that the General Secretary may refer any unresolved dispute concerning compliance with any provision of a Collective Agreement to arbitration by a panellist appointed by the Council or the CCMA, as the case may be. Sub-clause 8 provides that a panellist, conducting an arbitration in terms of this clause 69 and section 33 of the Act, has the powers of a Commissioner in terms of section 142 of the Act, read with the changes required by the context.
  2. Clause 69.6 provides that despite clause 69.5, 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 no 75 of 1997 (as amended); the Employment of Educators Act; 76 of 1998 (as amended), the Personnel Administration Measures (PAM), or any regulation or subordinate legislation promulgated by the Minister of Basic Education or MEC for Education in respective Province where an educator is employed as a relates to conditions of service, a collective agreement and the contract of employment.
  3. Chapter E2.3.5 (Measures prescribed by legislation not administered by the Minister of Basic Education and Service Benefits which apply to all employees of the State) of the PAM refers to and thereby incorporates the provisions of the PSCBC Resolution 3 of 1999 and 7 of 2000 that deal with service bonuses into the terms and conditions of employment of educators.
  4. According to Chapter B10.2.3 of PAM if a serving educator on post level I with REVQ 14 or higher or an educator on post levels 2 to 6 with REVQ or higher improves his/her REQV such educators will receive a cash bonus equal to 10% of the entry notch code of REVQ 14.
  5. The empowering provisions as referred above only speaks about the requirements, a serving educator on post level I or higher improves his or her qualifications is entitled to cash bonus equal to 10% of entry notch code of REQV 14. The provisions do not speak about applicable or appropriate qualifications it only refers to a REVQ 14 qualification. The respondent’s district office already confirmed that the applicants REQV had been adjusted from REQV 14 to REQV 15. I cannot agree that the applicant’s Post Graduate Diploma in Public Management is equivalent to the applicant’s B Ed Degree Qualification. The B Ed Degree is a REVQ 14 qualification whereas Post Graduate Diploma in Public Management is a REVQ 15 qualification.
  6. I’m satisfied that the applicant qualifies for cash bonus of 10% of the entry notch code of REVQ 14, notch 164 amounts to an annual salary of R351 972. 10% thereof amounts to R35 197.20.
  7. I therefore make the following award.

AWARD

  1. The respondent, Department of Education: Eastern Cape has breached chapter B10.2.3 of PAM when they failed to pay the applicant the cash bonus of 10% of the entry notch code of REVQ 14.
  2. The respondent is therefore indebted to the applicant, Eileen Watson in the amount of R35197.20 subject to statutory deduction.
  3. The respondent, Department of Education: Eastern Cape is ordered to pay the applicant by no later than 30 April 2026 the amount as reflected in paragraph 19 above.

Name: Jonathan Gruss
(ELRC) Arbitrator