IN THE EDUCATION LABOUR RELATIONS COUNCIL

In the matter between

SAOU obo Cronje, Dirk Applicant

And

Education Department of Eastern Cape Respondent

Appearances: For the Applicant: Mrs. Venita Van Wyk
For the Respondent: Mr. Stemele
Arbitrator: Thobela Ncetezo
Heard: 31 October 2023
Delivered: 20 November 2023
SUMMARY: Non-payment of capped leave. The applicant retired officially on 31
October 2022.

ARBITRATION AWARD

Details of hearing and representation

1. The dispute was set down for virtual arbitration on 31October 2023. Mrs. Venita Van Wyk an official of Suid-Afrikaanse Onderwys Unie (SAOU) represented the applicant, Mr. Dirk Cronje. Mr. Monde Stemele who is employed as Chief Education Specialist: Labour Relations, represented the respondent, Education Department of Eastern Cape.

2. The proceedings which were digitally recorded were conducted in English.

3. Both parties did not submit any bundle of documents and only the applicant testified. The respondent did not introduce any witness,

Issue to be decided

4. I am required to decide whether the Applicant is entitled to.

Background to the dispute

5. The Applicant submitted that he was employed by the respondent as an educator on 1 January 1983. At the time of his retirement the respondent did not pay his capped leave.
6. The Respondent submitted that the respondent is aware of the capped leave that was available to the applicant at the time of his retirement and that the calculation is dependent on verification, which means the amount which is claimed by the applicant could be more or less.

Survey of evidence and arguments
Applicant’s case

7. The Applicant testified that at the time of his retirement he was a school principal at Cradock High School, earning a salary of R582 216.00 per annum. on 31 October 2022, he officially retired. He further testified that at the time of his retirement his available leave days were 14.71, which were calculated in terms of the PAM document (Personnel Administrative Measures) and Resolution 7 of 2001. The total amount of capped leave which the respondent was supposed to pay him is R314 227.90, but it was not paid out. He further testified that he is aware that this amount is subject to verification by the respondent.

8. The respondent waived its right to cross-examine the applicant.

Respondent’s case

9. The respondent’s representative. Mr. Stemele, stated he was not going to introduce any witnesses but its representative, Mr. Stemele, admitted that Education Department of Eastern Cape is aware that the amount claimed is due to the applicant.

Closing arguments

10. The applicant argued that he is claiming what is due to him and is aware that after verification the amount claimed might be more or less.

11. The respondent’s representative stated that he will not submit any closing arguments.

Analysis of evidence and arguments

12. The Section 138(1) of the Act provides that the commissioner may conduct the arbitration in a manner that the commissioner considers appropriate to determine the dispute fairly and quickly but must deal with the substantial merits of the dispute with the minimum of legal formalities. Section 138(7)(a) further provides that the commissioner must issue an arbitration award with brief reasons, signed by that commissioner.

13. It was common cause that the applicant was not paid the capped leave at the time of his retirement on 31 October 2022 and the amount has still not been paid to date. The respondent admitted that the applicant is legally entitled to capped leave but submitted that the figure might change after verification; in that might be more or less.

14. Based on the above reasons, it is my considered view that the Applicant is legally entitled for payment of capped leave.

15. I accordingly make the following award;

Award

16. The respondent, Education Department of Eastern Cape, is ordered to pay the applicant an amount of R314 227.90 for capped leave by no later than 11 December 2023.

17. The amount due to the Applicants in terms of the above paragraph must be paid by no later than December 2023, failing which the sum shall bear interest from the date of this award to the date of payment at the rate of interest applicable from time to time to judgement debts.

Signature:

Commissioner: Thobela Ncetezo
Sector: Education