In the arbitration between:

IC PETERSEN APPLICANT

and

DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATOR’S AWARD

1 . DETAILS OF THE HEARING AND REPRESENTATIONS:

1.1 The parties to this arbitration are, Messrs IC Petersen and F Ingram, duly represented by Mr L Scharges versus the Eastern Cape Education Department, represented by Messrs G Goosen, WC Breytenbach, LE Eskok and C Pillay. Also present at the arbitration were G Jack, B Naran and M Essop of the Governing Council Body.

1.2 The arbitration arises out of a dispute regarding non-appointment of the employees at Bethelsdorp Technical College. The arbitrator stated from the outset that he had to recuse himself because of close personal relationships with both parties involved in the dispute as well as having previous involvement with the parties on a variety of levels.

1.3 The arbitrator explained further that the professional code of ethics for his profession required this type of disclosure prior to commencing with an arbitration, however, as there were limited information regarding the parties involved prior to the arbitration it had to be dealt with at the arbitration tribunal. In the light of these circumstances it was deemed appropriate te recuse the arbitrator, because of ethical and moral reasons.

The parties did not object to this outcome and provisionally agreed to contract another arbitrator to conduct the tribunal during the latter half of August 2000.

SAM PLAATJIES

ARBITRATOR

DATED: 20 JUNE 2002

EDUCATION LABOUR RELATIONS COUNCIL

ARBITRATION AWARD

CASE NUMBER UNKNOWN
APPLICANT I C PETERSEN
RESPONDENT DEPARTMENT OF EDUCATION
NATURE APPOINTMENT/PROMOTION
ARBITRATOR N VAN DOKKUM
DATE OF ARBITRATION 20 JUNE 2002
VENUE PORT ELIZABETH

REPRESENTATION:

APPLICANT MR L SCHARGES
RESPONDENT G GOOSEN, WC BREYTENBACH, LE ESKOK, C PILLAY

AWARD:

NONE (arbitrator recused). Case will be heard again.

DATE OF AWARD 20 JUNE 2000