Panelist: Selolong Mosoma Case No.: ELRC311-26/27NC Date of Award: 23 August 2026

In the ARBITRATION between:

SAOU obo Cloete Vania
(Union / Applicant)

and

Department of Basic Education: Northern Cape Provincial Government

(Respondent)

Applicant’s representative:
Applicant’s address:

Telephone:
Telefax:
Email

Respondent’s representative:
Respondent’s address:


Telephone:
Telefax:
Email.



ARBITRATIO AWARD

DETAILS OF HEARING AND REPRESENTATION

1. This is an arbitration award of a matter between SAOU obo Cloete Vania, the Applicant and Department of Education Northern Cape Provincial Government, the Respondent.
2. The matter was set down for an arbitration under the auspice of Educators Labour Relations Council on 14 August 2026, and the proceedings were conducted virtually.
3. The Applicant, Ms. Cloete Vania was represented by her trade union official Mr. Henk Brand , whilst the Respondent was represented by its Employee Relations Practitioner Mr. Ricardo Britz.
4. The proceedings were conducted in English.
5. The proceedings were both digitally and manually recorded.

ISSUE TO BE DECIDED

6. I must decide whether the Respondent failed to comply with the applicable provisions of ELRC Resolution 08 of 2002 and related conditions of service by failing to pay the Applicant an acting allowance for performing the duties of deputy principal during 2025 academic year and first term of 2026.
7. The Applicant sought that she be paid the acting allowance for full 2025 academic year and first term of 2026 academic year. The total amount owed for 2025 academic year amounts to R 92 045.25 and total amount owed for first term of 2026 academic year amounts to R 30 989.25.
8. Both partes agreed that the Respondent must compensate the Applicant acting allowance for full 2025 academic year and first term of 2026 academic year to the total amount of R 123 034,50..
9. The Applicant sought an enforcement order to be paid an acting allowance.

BACKGROUND

10. The Applicant is employed by the Respondent in a post level one (01) educator at Concordia High School.
11. The Applicant was appointed by the Respondent to act on a vacant and funded post of deputy principal of Concordia High School for both 2025 academic year and first term of 2026 academic year.
12. The Applicant was never compensated her acting allowance for the entire duration of her acting stint.
13. To date the Respondent has not paid the Applicant her acting allowance dspite submitting all necessary documentation to the provincial office of the Respondent.
14. There was neither a factual, nor any issue in dispute.
15. Parties agreed that the dispute be made an arbitration award as nothhing was in dispute.
16. Parties agreed on the total amount owed to the Applicant which amounts to R124 034.50.

SURVEY OF EVIDENCE AND ARGUMENT:

17. The provisions of section 138 of Labour Relations Act 66 of 1995 as amended, enjoins me to issue the arbitration award with brief reasons. I intend in this award to focus only on the issues that I perceive to be pertinent to the issues that was before me.

APPLICANT’S EVIDENCE :

18. Ms. Cloete Vania testified under oath as follows;
19. She is currently employed by the Respondent as a post level one (01) educator Concordia High School, and she acted as deputy principal of Concordia High school.
20. She stated that she was appointed to act as the school deputy principal during 2025 academic and first term of 2026 academic year. However, she was never paid her acting allowance despite fulfilling the responsibilities of deputy principal at the school.
21. She averred that the submission for payment of her acting allowance was generated and submitted to the provincial office to date she has not received her acting allowance. Lastly, she stated that the acting allowance for both 2025 academic year and first term of 2026 due to her amounts to R 123 034,50.
22. There was no cross-examination from the Respondent.
23. There was no re-examination.

RESPONDENT’S EVIDENCE :

24. There was no evidence led on behalf of the Respondent except to confirm that the Applicant was owed her acting allowance to the total amount of R 123 034.50.

ANALYSIS OF SUBMISSIONS

25. It is common cause that the Applicant was appointed to act in a vacant and funded post of deputy principal at Concordia high School for both 2025 academic year and term one of 2026.
26. It is further common cause that the Applicant was never remunerated or paid her acting allowance for both 2025 and first term of 2026..
27. I accept the Applicant’s evidence that she assumed the substantive responsibilities of the higher position of deputy principal and performed those functions during the period claimed.
28. The Respondent does not dispute the above, submitted by the Applicant.
29. Clause five (05) of Resolution 08 of 2002 provides that an acting allowance will be paid to an educator who acts;
    i. In such a post where the permanent incumbent is absent due to the following :
    a. Maternity
    b. Sick leave
    c. Study leave
    d. Suspension
    e. Secondment
    ii. if the period of appointment is longer than twelve (12) weeks but limited to a maximum of twelve
    months.
30. Compensation shall be backdated to the date on which the educator commenced acting provided that the acting is twelve (12) consecutive weeks or longer.
31. I accordingly find that the Applicant has satisfied the requirements of ELRC Resolution 08 of 2002.
32. The Respondent must comply with the terms and condition of Resolution 08 of 2002.
33. I therefore find, on balance of probabilities , that the Applicant has established an entitlement to the acting allowance for period 2025 academic year and first term of 2026 academic year.
34. In view of the above, the following award is issued.

AWARD

35. The Respondent, Department of Education Northern Cape Provincial Government, is ordered to pay the Applicant, Ms. Cloete Vania the amount of R 123 034, 50.
36. The amount of R 123 034,50 must be paid by the Respondent to the Applicant by no later than 15 September 2026 and will be subjected to normal statutory deductions.
37. The amount owed to the Applicant, shall accrue interest as per the Prescribed Rate of Interest Act, 55 of 1975, as amended, at the rate of 10,50 % as is prescribed from, should the amount not be paid by 15 September 2026

SIGNED AT BLOEMFONTEIN ON THIS 23 DAY OF AUGUST 2026.

Selolong Mosoma
ELRC Arbitrator