Panelist: Thabo Maruping Case No.: ELRC88-24/25GP Date of Award: 16 January 2025

In the ARBITRATION between:

BEJI, SIFANELE
(Union / Applicant)

And

DEPARTMENT OF HIGHER EDUCATION AND TRAINING – GAUTENG

(Respondent)

Applicant’s representative: Mr. SIFANELE BEJI   
Applicant’s address:    DHET    
    GAUTENG     


Respondent’s representative:    Mr. LESEGO BOIKHUTSO    
Respondent’s address:   DHET    
    GAUTENG     

DETAILS OF HEARING AND REPRESENTATION

1. The arbitration into the abovementioned alleged unfair labour practice dispute referred to the Education Labour Relations Council (ELRC) in terms of section 191 of Labour Relations Act 66 of 1995 (the Act)
2. The matter was heard virtually on 21 November 2024.
3. The Applicant, Mr. S Beji represented himself in the proceedings. The Respondent DHET was represented by Ms. Lesego Boikhutso, Assistant Director: Human Resources & Management & Development at Ekurhuleni East TVET College.
4. One bundle of documents was used as documentary evidence named, “Bundle “R” from the Respondent, and Applicant elected to use the same bundle of evidence.
5. The hearing was conducted in English, and was digitally recorded.
   BACKGROUND
6. The Applicant was employed by the Respondent since 2020 on contract basis. He was then permanently employed at the Ekurhuleni East College around July 2022 on a salary scale of RQV13.
7. He holds a four year degree and was supposed to be pitched on an RQV14 salary, instead he was left on RQV13 salary bracket after he was appointed in a permanent position.

ISSUES TO BE DECIDED:

8. I must decide whether the failure to adjust the Applicant’s salary from RQV13 to RQV14 and pay backpay to the Applicant, amounts to unfair labour practice by the Respondent.
   SURVEY OF EVIDENCE
   APPLICANT’S CASE
9. The Applicant Mr. S Beji testified under oath that he was appointed on the permanent position and he was supposed to be paid on RQV 14 salary instead of the RQV13. He made a request for his salary to be adjusted to the RQV14, and be paid backpay for the period July 2022 to date.
10. He stated that the submission has been taking long with no proper answer as to when it will be paid.
11. He stated that he submitted an evaluation qualification certificate confirming his four year degree, to qualify him to be paid on RQV14 salary bracket.
12. He stated that since July 2022 to date his salary has not been fixed, and other people have been paid.

RESPONDENT’S CASE

13. The Respondent’s witness, Ms. Lesego Boikhutso, testified under oath that the Applicant indeed is owed a salary adjustment of RQV 14.
14. She stated that the Applicant’s qualification evaluation was done, and the four year degree was confirmed by the Respondent.
15. She indicated that all employees with a four year degree should be put on the RVQ14 and not RVQ13.
16. She reiterated that the delay of the Applicant’s payment was due to the amount owed to him.
17. The amount above R100 000.00 requires the authorisation of the Deputy Director General.
18. She testified that the submission was made via the College to the DHET Head Office, and calculated from July 2022 until February 2024, amounting to R143 416.56.
19. This leaves the months March 2024 – to date, still to be calculated by the formulae used by the Respondent.
    ANALYSIS OF EVIDENCE AND ARGUMENTS
20. Section 138(7) of the LRA requires that I submit an arbitration award with brief reasons. I have taken into account all the relevant evidence and arguments, but will only refer to those evidence and arguments necessary to substantiate my award.
21. It is common cause between parties that the applicant is owed backpay and a salary adjustment to RQV14.
22. It was the concession of both parties that the Applicant qualified for the RQV14 salary since July 2022, instead of the RQV13. The Respondent further did the qualification evaluation, and it was confirmed that the Applicant qualifies. .
23. I am satisfied that the Respondent’s and the Applicant’s evidence put before me confirms that the Applicant is owed backpay amounting to R143 416.56 and a salary adjustment to RQV14.
24. It is to be noted that the amount provided by the Respondent is as per the submission made to DHET Head Office.

AWARD

25. The Applicant, Mr. S Beji is owed backpay and a salary adjustment to RQV14 by the Respondent, DHET Gauteng.
26. The Respondent is ordered to pay to the Applicant R143 416,56 (one hundred and forty-three thousand four hundred and sixteen rand and fifty-six cent), which is calculated from July 2022 until February 2024.
27. The Respondent is further ordered to adjust the Applicant’s salary to RQV14 by no later than 31 January 2025.
28. The Respondent is ordered to pay the Applicant the amount of R143 416,56 by no later than 31 January 2025, in the same way the applicant normally receives his salary.

Thabo Maruping
ELRC Arbitrator