Case Number: ELRC827-24/25EC

In the matter between

SAOU obo Marlize Kruger Applicant

and

Eastern Cape Department of Education Respondent

Appearances: For the applicant: Mrs Debbie Harvey (SAOU)
For the respondent: Ms Lindelwa Sidzamba

Arbitrator: Mxolisi Alex Nozigqwaba
Heard: 27 January 2025
Delivered: 27 January 2025
Summary: Labour Relations Act 66 of 1995, as amended, section 186(2)(a)-
Alleged unfair labour practice relating to benefit

DETAILS OF HEARING AND REPRESENTATION

1. This arbitration was held virtual, through TEAMS platform, on 27 January 2025.
2. Mrs Marlize Kruger (applicant) was in attendance, and was represented by SAOU Eastern Cape Provincial Secretary, Mrs Debbie Harvey. The Eastern Cape Department of Education (respondent) was represented by its labour relations manager, Ms Lindelwa Sidzamba.
3. The dispute is about unfair labour practice related to benefits, in terms of section 186(2)(a) of the Labour Relations Act 66 of 1995 as amended (LRA) and concerns the non-payment of the applicant’s resettlement allowance.
   ISSUE TO BE DECIDED
4. I am required to determine whether unfair labour practice relating to benefits was committed when the respondent did not pay the claimed resettlement allowance to the applicant. If unfair labour practice is proven and there is no justifiable reason for its non-payment I will issue appropriate relief.
   BACKGROUND TO THE ISSUE
5. The applicant has been a post level 1 educator since January 2007. She retired on 31 December 2023, and at that time she was placed at High School Hangklip in Komani.
6. Resettlement Policy for Eastern Cape Department of Education (Resettlement Policy) provides as follows in clause 10.1(a):
   ‘If an employee retires the Department may, as once-off provision and at the request of an employee and/ or his or her family, meet his or her or his or her family’s reasonable actual costs in respect of resettlement as well as storage costs to a maximum period of one month.’
   In paragraph (b) it is mentioned that the said resettlement allowance must be claimed within 90 days after the employee’s last day of service.
7. It is common cause that in November 2023, which was a month before her retirement date, the applicant submitted her resettlement claim documents, and her furniture and house contents were transported on 12 December 2023. The documents for the applicant’s resettlement claim, together with invoice for transporting her furniture and household contents and proof of payment to the removal company (Buddulphs) were with the respondent by January 2024.
8. The applicant was advised that her resettlement was being processed. After 10 months from date of her retirement the applicant realized that there was no significant progress in processing of her claim, and on 23 October 2024 she filed an internal grievance, which was not resolved. After it was confirmed that her grievance could not be resolved internally she, assisted by SAOU, referred an unfair labour practice related to benefits dispute. It was not resolved at conciliation, and a certificate of non-resolution was issued on 06 December 2024. Shortly thereafter, a referral for arbitration was filed in December 2024.
9. The relief sought by the applicant is to have her resettlement allowance, which is the invoice amount (R33 120.00) she paid for the transportation of her furniture and household items from Komani to Joubertina.
   SURVEY OF THE EVIDENCE AND ARGUMENTS
   Applicant
10. The applicant testified that her resettlement claim documents were submitted in line with the provisions of the Resettlement Policy to a Chris Hani West District official, Ms Mayongo before she retired on 31 December 2024. The documents filed in support of her resettlement claim included invoice from Bidduphs Removals amounting to R33 120.00 (page 5 of the applicant’s bundle A) and a copy of her bank statement reflecting the payment of the invoice amount to Bidduphs on 13 December 2023 (page 6 of A). On 11 March she completed a BASS Entity form for the purpose of processing her payment.
11. After realizing in October 2024 that no significant movements were made towards paying her allowance, the applicant filed an internal grievance on 23 October 2024. It was after her grievance could not be resolved internally that she, together with her union SAOU, referred her dispute to the ELRC.
    Respondent
12. The respondent’s representative acknowledged the applicant’s resettlement claim and confirmed the amount she mentioned as the amount she is entitled to. No legitimate reasons were advanced for her claim to remain unpaid to date.
    ANALYSIS OF EVIDENCE AND ARGUMENTS
13. The applicant has been proven to be entitled to the resettlement allowance after her retirement on 31 December 2023. She has been proven to have submitted her claim in line with the Policy and submitted all necessary documents. She also completed a BASS Entity form for the purpose of processing her payment, but despite doing all that was required her claim (benefit) was not paid.
14. There is no known legitimate reason(s) why her claim has not been paid. In the circumstances I find that the respondent committed an unfair labour practice related to benefits when it failed to pay the applicant’s resettlement allowance.

AWARD

15. I therefore make the following award:
    15.1. The 1st respondent committed an unfair labour practice relating to benefits as provided in section 186(2)(a) of the LRA when it failed to pay the applicant her resettlement allowance in terms of the Resettlement Policy.
    15.2. The respondent is ordered to pay the applicant’s resettlement benefit, amounting to R33 102.00, to her bank account by not later than 28 February 2025.

Signature:

Commissioner: Mxolisi Alex Nozigqwaba
Sector: ELRC