Commissioner: MN Masetla
Case number: ELRC346-24/25LP
Date of the award: 25 September 2024

In the matter between:
TSEKE HARRISON NCHABELENG Applicant
And
DEPARTMENT OF EDUCATION – LIMPOPO Respondent

ARBITRATION AWARD

THE DETAILS OF THE HEARING AND REPRESENTATION
1. This is an award in the arbitration between Mr Tseke Harrison Nchabeleng, the applicant and the Department of Education Limpopo, the respondent.

2. The arbitration process was held under the auspices of the Education Labour Relations Council in terms of section 191 (5) (a) of the Labour Relations Act, 1995 as amended (“the Act”) and the award is issued in terms of section 138 (7) of the Act.

3. The arbitration process took place on 13 September 2024.

4. The applicant was represented by Mr M Tjia, SADTU Official.

5. The respondent was represented by Ms Modipa Portia, Labour Relations Practitioner.

THE NATURE OF THE DISPUTE AND ISSUES TO BE DECIDED
6. The applicant’s dispute is an unfair labour practice dispute relating to his one-month suspension without a salary implemented by the respondent following a disciplinary hearing.

7. I am therefore required to determine whether the sanction implemented by the respondent constitute unfair labour practice or not.

8. To order appropriate relief.

SURVEY OF EVIDENCE AND ARGUMENTS
Applicant’s case
9. Tseke Harrison Nchabeleng stated under oath that he has been working at Mabodibeng Secondary School for eleven years. He teaches Sepedi language in Grade 9,10 and 12. At the time of his charges, he taught Sepedi language in Grade 8,9,11 and 12. He conceded that he did not submit his marksheets on time. Learners did not receive their reports because of a dysfunctional SA SAMS system on 24 March 2023. Learners only received reports when school re-opened for the second quarter around April 2023. He did not submit the marksheets for Grade 11 because he was left with only capturing.

10. He stated further that it was a norm that learners only receive reports when school re-opened. There was no date set for learners to receive reports. Sometimes teachers would also not be done with capturing marksheet on time. He was informed by the School’s Administration Clerk, in the presence of the principal that other teachers had not submitted their marksheets.

Respondent’s case
11. James Mapurunyane Phahlamohlaka, Circuit Manager for Glen Cowie Circuit, stated under oath that he was summoned to an investigation meeting at the Circuit Office. He was informed that one school, Mabodibeng Secondary School did not make its submissions of schedules. He followed up with the school where he was informed that one marksheet was missing. The SA SAMS did not generate reports because the Grade 11 Sepedi language marksheet was not submitted. All schools had submitted except Mabodibeng Secondary School.

12. Moshe Ngwanathabo Cynthia, Mabodibeng Secondary School principal, stated under oath that on 03 April 2023 she drafted a memorandum recommending that the applicant be charged for misconduct. This was because the applicant failed to submit marksheets at the end of term one. This was despite her memorandum dated 16 March 2023, signed by all the teachers where she advised them of the submissions of marksheet on 24 March 2024.

13. She stated further that Ms Ramatwi, a teacher of the school, allowed the applicant to knock off early around 11h30 on 23 March 2024 so that he could ensure that his work was updated for submission on 24 March 2024. Again, on 24 March 2024, she stated that she was with the administration clerk when she told the applicant that he could not go home because he had not submitted the mark sheet. The applicant said he was not the only one. He then asked the clerk who said he was not the only one who did not submit.

14. During the autumn classes, she decided to write the applicant a letter informing him that she decided to submit schedules without his marksheet. Again, the applicant did not respond to the letter on 29 March 2023.

ANALYSIS OF EVIDENCE AND ARGUMENTS
15. In this case, the applicant was charged with failure to submit Grade 11 Sepedi marksheet on time. The learners therefore were unable to receive the reports, and therefore he failed to carry out a lawful order or routine instruction without just or reasonable cause. The applicant was given a sanction of one month suspension without pay. It is this suspension that the applicant challenged through the ELRC.

16. The marksheets for Grade 11 Sepedi were not submitted on time on or before 24 March 2023. This was for the first quarter of 2023.

17. The applicant did not dispute the respondent’s case that he submitted these marksheets when the school re-opened. The evidence presented at page 71 of exhibit R shows that the applicant’s marksheet were submitted on 13 April 2024. The applicant confirmed that indeed his marksheet were submitted when school re-opened though he could not remember the date. To this extend I find that indeed the applicant submitted the marksheet after the school re-opened.

18. The applicant’s version was that the schools experienced a problem with its SA SAMS system to capture the results with it was dysfunctional. This version was disputed by the school Principal as well as the Circuit Manager who both said there was no issue with the system. In fact, the school principal stated that she could not capture on SA SAMS because when she tried, the system flicked a message that Sepedi language marksheet were outstanding.

19. The applicant did not actually, in my view, show any remorse for his actions here. From the SA SAMS not working, the applicant even went further to say that it was a norm that learners would receive reports when schools re-opened. He went further to state that he had a lot of work and therefore had pressure.

20. On 16 March 2023, the school principal wrote the applicant and his co-teachers a letter reminding them of the submission of schedules on 24 March 2024. The applicant signed and acknowledged receipt. He was always aware of the need to ensure that the marksheets were due on 24 March 2024. Again, on 22 March 2024, the Circuit Manager circular dated 21 March 2023 was given to the applicant and his colleagues where they were recommended to submit the marksheet on 24 March 2024. The applicant acknowledged receipt of the circular. In my view, the applicant displayed an attitude of disrespect and arrogance towards the school principal. He just did not abide by the instruction to do his job. This disrespect warranted a more severe sanction than a one mouth suspension without pay sanction.

21. During the vacation, on 29 March 2023, the applicant received a letter from the school principal making him aware that the school was going to submit schedules without his Sepedi language marksheet. He simply disregarded the letter. The applicant, in my view, ought to have acknowledged receipt and explain himself in that situation. On the contrary, the applicant submitted that he waited for the principal to tell him when to submit. The applicant himself actually had a duty to approach the school principal with a request to submit.

AWARD
22. The respondent, Department of Education Limpopo, did not commit any unfair labour practice with regard to the sanction imposed on the applicant, Tseke Harrison Nchabeleng.

23. The applicant’s referral alleging unfair labour practice regarding the sanction of suspension without a salary, by the respondent, is hereby dismissed.

Commissioner
M.N Masetla