30 January 2026 – ELRC749-25/26GP

IN THE EDUCATION LABOUR RELATIONS COUNCIL

Commissioner: L Myoli
Case No: ELRC749-25/26GP

Date of Award: 15 January 2026

In the matter between

Public Servants’ Association obo Magagula, Mthokozisi Makhosonke Applicant

and

Department of Higher Education and Training Gauteng Respondent
(Ekurhuleni East TVET College)

Applicant’s representative:
Mr Mbusi Shibe – Union Representatives

Respondent’s representative:
Ms Lesego Boikhutso – Assistant Director Human Resources Management and Development

DETAILS OF THE HEARING AND REPRESENTATION
[1] This is an award in the arbitration between Magagula, Mthokozisi Makhosonke, the Applicant, represented by his union PSA and the Department of Higher Education and Training Gauteng (Ekurhuleni East TVET College).
[2] The arbitration was held virtually under the auspices of the Education Labour Relations Council (ELRC) in terms of Section 186 (2)(a) of the Labour Relations Act, 1995 as amended (“the Act”) and this award is issued in terms of section 138 (7) of the Act.
[3] The arbitration hearing took place online, on 24 November 2025.
[4] The Applicant was present and represented by Mr Mbusi Shibe (Shibe), his PSA union representative.
[5] The Respondent was represented by Ms Lesego Boikhutso (Boikhutso), its Assistant Director Human Resources Management and Development. Ms Boikhutso joined the meeting and prior to the commencement of arbitration she exited the meeting without an explanation. Reasonable time was provided for her to rejoin the meeting, to no avail. The Respondent was contacted to ascertain Boikhutso’s whereabouts and there was no explanation provided. At the onset of the proceedings she had alluded to not being the correct person to represent the Respondent in the matter but did not persist with the submission.
[6] Therefore, I proceeded with the arbitration in the absence of the Respondent.
[7] The proceedings were digitally recorded.

BACKGROUND TO THE DISPUTE
[8] The Applicant referred an unfair labour practice related to benefits dispute to the ELRC.
[9] The matter was conciliated, and it remained unresolved and the Applicant applied for arbitration.
[10] The Applicant claimed that the Respondent committed unfair labour practice in relation to payment of his recognition of improvement of qualification once off cash bonus.

ISSUE TO BE DECIDED
[11] I must determine whether the Respondent committed an unfair labour practice towards the Applicant related to a benefit of recognition of improvement of qualification once off cash bonus.
[12] If so, I must determine the appropriate relief, otherwise the referral will be dismissed.

SURVEY OF THE EVIDENCE AND ARGUMENT
[13] A 22 pages bundle of documents was submitted, and the Applicant was the sole witness for his case.
Below is the summary of the evidence led.

APPLICANT’S EVIDENCE
Witness – Mr Magagula, Mthokozisi Makhosonke (the Applicant)
[14] The Applicant testified that he was employed on 15 February 2012 as a Lecturer at Ekurhuleni East TVET College.
[15] His current notch was R396 198.00.
[16] His qualifications included a Senior Certificate; National Diploma in Tourism Management; Bachelor of Technology in Tourism Management; Bachelor of Education Honours Degree in Educational Management; and Master of Education (Education Management).
[17] He upgraded his qualification from an Honours Degree acquired in 2017 to a Masters’ Degree which he acquired in 2024.
[18] He applied for evaluation, and the Department of Higher Education and Training issued a certificate confirming that he was upgraded to REQV 17.
[19] His qualification met the criteria for implementation of the recognition of improved qualifications set out in Clause 5 of the Department of Public Service and Administration Circular No: HRD3 of 2015. The Circular is on Implementation of Clause 7 of Public Service Coordinating Bargaining Council 1 of 2012: Recognition of Improved qualifications. The qualification was, linked with his occupation, which is lecturing and centred on education.
[1] He qualified for the 10% of his annual salary once off cash bonus, according to Clause 6 of the Circular for recognition of improved qualifications.
[2] The DHET issued the Corporate Services Circular 10 of 2025 on 29 July 2025. It stated that its Legal Services’ internal legal opinion issued in November 2024 and the 2025 Chief State Law Adviser’s external legal opinion stated that the Personnel Administrative Measures (PAM) exclusively applied to Educators and should not be used by the DHET as a basis for recognising improved qualifications of Lectures appointed in terms of the Continuing Education and Training (CET) Act.
[3] However, he believed that based on the circular the department still had to fulfil the recognition of improvement of qualification in terms of the GPSSBC Resolution 5 of 2014 which gives effect to clause 7 of the PSCBC Resolution 1 of 2012.
[4] The department also committed to pay all outstanding payments by 30 September 2025.
[5] Hence, he is seeking an order for payment of 10% of the once off cash bonus of his salary notch amounting to R39 619.80. He funded his studies on his own.

ANALYSIS OF THE EVIDENCE AND ARGUMENT
[1] Section 186(2)(a) of the LRA stipulates that unfair labour practice means any 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.
[20] This is a dispute relating to a benefit of recognition of improvement of qualification once off cash bonus.
[21] The Applicant’s unchallenged testimony is that he upgraded his qualification from an Honours Degree to Masters’ Degree. DHET issued a certificate confirming that he was upgraded to REQV 17. He had funded his studies.
[22] Hence, he claimed 10% of the once off cash bonus of his salary notch amounting to R39 619.80, as he met the criteria based on the PSCBC circular on recognition of improved qualifications.
[23] My assessment is that, the GPSSBC Resolution 5 of 2014 Agreement on recognition of improved qualifications in the Public Service states its objective as follows: “To give effect to Clause 7 of the PSCBC Resolution 1 of 2012 which commits the employer to recognise the attainment of an improved qualification which is related to an employee’s scope of work and enhances the employee’s performance and the service delivered by the employee including an employee whose job does not require any qualification to choose a qualification that will offer progression opportunities or career pathing”.
[24] The scope of the PSCBC Resolution 1 of 2012 is the Employer and employees who are employed by the State; and fall within the registered scope of the Council.
[25] The DPSA Circular No: HRD3 of 2015 on Implementation of Clause 7 of PSCBC Resolution 1 of 2012: Recognition of Improved qualifications, relied on by the Applicant, stated that the recognition of improved qualifications is applicable to all employees employed in terms of the Public Service Act, including those covered by an Occupation Specific Dispensation. Excluding Members of the Senior Management Service.
[26] The Applicant testified that he was a Lecturer of the DHET at the Ekurhuleni East TVET College.
[27] It is therefore not in dispute that the Applicant was employed in terms of the CET Act.
[6] In the premises, I could not find that the Applicant showed entitlement for the recognition of improved qualifications once of cash bonus claim in terms of the GPSSBC Resolution 5 of 2014 giving effect to Clause 7 of the PSCBC Resolution 1 of 2012.

I therefore make the following award:

AWARD
[2] The first Respondent, the Department of Higher Education and Training Gauteng (Ekurhuleni East TVET College), did not commit an unfair labour practice relating to a benefit as contemplated in terms of s186 (2) (a) of the LRA towards the Applicant in relation to the recognition of improved qualifications once of cash bonus.
[3] The referral application is dismissed.

Thus, done and signed at Johannesburg on 15 January 2026.