IN THE EDUCATION LABOUR RELATIONS COUNCIL HELD IN GQEBERHA

Case No ELRC1026-25/26EC

In the matter between

NAPTOSA obo NP Prince Applicant

and

Department of Education: Eastern Cape Respondent

ARBITRATOR: AW Howden

HEARD: 20 May 2026

DATE OF AWARD: 21 May 2026

SUMMARY: Labour Relations Act 66 of 1995 (the LRA) – Section 186(2)(a) – unfair labour practice relating to benefits – whether the Respondent acted fairly by failing to approve Urgent Private Matter Leave for the Applicant.

ARBITRATION AWARD

DETAILS OF PROCEEDINGS AND REPRESENTATION

1. The dispute was scheduled for arbitration in terms of section 186 (2) (a) of the Labour Relations Act 66 of 1995 as amended (the LRA) read with Clause 17 of the ELRC Constitution: Dispute Resolution Procedure Annexure C (As amended on 25 July 2023). The arbitration hearing commenced on 27 February 2026 and was concluded on 20 May 2025. The hearing was initially held at the District office in Gqeberha, however due to not having electricity at the District office the matter was finalised at the NAPTOSA offices in Newton Park Gqeberha.
2. The Applicant, Mr NP Prince – Persal No 50792431, was present and was represented by Mr A Adams from the National Professional Teacher’s Organisation of South Africa (NAPTOSA).
3. The Respondent, the Department of Education – Eastern Cape, was represented by Mr S Kralo from the Labour Relations Department.
4. The parties submitted a combined bundle of documents which was basically made up of the Applicant’s payslips.
5. The proceedings were digitally recorded.

ISSUES IN DISPUTE

6. I am required to determine whether or not the Respondent committed an unfair labour practice by failing to grant the Applicant Urgent Private Matter Leave and if so to order the Respondent to reimburse the Applicant for deductions already made in this regard.

BACKGROUND TO THE DISPUTE

7. The Applicant is employed by the Respondent as an PL 1 Educator at Gamble Street Secondary School in Uitenhage.
8. The Applicant submitted compliant leave forms for Urgent Private Matters however this was not correctly processed by the leave department, resulting in unpaid leave being applied and deductions made on the Applicant’s salary.
9. The Applicant seeks to be refunded for the money deducted and any further deductions by the Respondent stopped.

SURVEY OF EVIDENCE AND ARGUMENT

10. The parties originally agreed that the following was common cause:

• That the Applicant is employed by the Respondent as a PL 1 Educator at the Gamble Street Secondary School in Uitenhage.
• That the Applicant was on Salary Level (9), Notch 182 (REQV 14) and earned R383 274.00 per annum.
• That the Respondent had already deducted money from the Applicant’s salary for the alleged unpaid leave.

10. The parties agreed that the following was in dispute:
    Whether the Applicant submitted Urgent Private Matter Leave Forms for the days:
    24 January 2025; 6 February 2025 to 7 February 2025; 19 February 2025 to 21 February 2025; 25 March 2025 to 26 March 2026 and 15 April 2025.
11. At the outset I must point out that this is a brief summary of the evidence which is relevant to the central issues and that I have taken all evidence submitted into account when making my decision.

SUBMISSIONS

13. Subsequent to the first set down the parties sat down and conducted a comprehensive audit on the Applicant’s leave records. The parties concluded that the Applicant had in fact applied for the leave and that the deductions were erroneously made.

ANALYSIS OF THE EVIDENCE AND ARGUMENT

14. In the Constitution of the Republic of South Africa 1996 paragraph 23 (1) it clearly states:
    Everyone has the right to fair labour practices.
15. Section 186 (2) (a) of the LRA states:
    “Unfair labour practice means an unfair act or omission that arises between an employer and an employee involving – unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee.”
16. The parties have agreed, on record, that the Applicant qualified for the leave and that the Respondent must refunded the Applicant the amounts deducted from his salary.
17. Deductions made from the Applicant’s salary:
    October 2025 R250.00
    November 2025 R250.00
    December 2025 R650.00
    January 2026 R650.00
    February 2026 R1 450.00
    March 2026 R1 400.00
    April 2026 R1 400.00
    May 2026 R1 100.12

Total R7 150.18

18. Based on the above submissions and on the balance of probability, it is my finding that the Respondent has committed an unfair labour practice by not granting the Applicant Urgent Private Matter leave. It is further my finding that the money deducted from the Applicant’s salary must be refunded by the Respondent in terms of Clause 69 of the ELRC Constitution.
19. I therefore make the following award.

AWARD

20. The Respondent, the Department of Education – Eastern Cape has committed and unfair labour practice by failing to grant the Applicant, NP Prince – Persal No 50792431, Urgent Private Matter leave.
21. The Respondent, the Department of Education – Eastern Cape, is ordered to pay the Applicant, NP Prince – Persal No 50792431, the amount of R7 150.18 (Seven Thousand One Hundred and Fifty Rand and Eighteen Cents) less PAYE and any other statutory deductions by no later than 30 June 2026.
22. The Respondent, the Department of Education – Eastern Cape, is ordered to refrain from making any further deductions from the Applicant’s, NP Prince – Persal No 50792431, salary with immediate effect.

Panellist: AW Howden
ELRC