Commissioner: Henk Jacobs
Date of Ruling: 03 March 2022

In the matter between

SAOU obo Yvonne Nell
(Applicant)

And

Education Department – Eastern Cape
(Respondent)

Union/Applicant’s representative:
Venita Van Wyk

Telephone: 060 971 4062
Telefax:
E-mail: venitavw@saou.co.za

Respondent’s representative:
Respondent’s address:

Telephone: Hendriena Stucki
Telefax: 082 929 4826
E-mail: stuckihc@gmail.com

Details of hearing and representation

1. The arbitration hearing into an alleged unfair labour practice dispute in terms of section 191(b)(ii) of the Labour Relations Act 66 of 1995, as amended (the LRA), was held virtually, via Zoom, on 23 February 2022.

2 The applicant, Ms Y. Nell, was represented by Ms V. van Wyk, and official from the Suid Afrikaanse Onderwys Unie (SAOU) The respondent, Education Department – Eastern Cape, was represented by Ms Stucki, a Labour Relations Officer employed by the Respondent.

3 The hearing was held in English and was digitally and manually recorded.

4 Parties agreed that there is no factual dispute in this matter.

Issue to be decided

5. The issue to be decided is whether the Applicant is entitled to a pay progression for the period 2019 to 2020.

Background to the matter

6. The Applicant is employed as a Psychologist within the Education Department – Eastern Cape.

7. The Applicant sought for her salary to be adjusted in terms of her salary progression.

8. The following fact is common cause between the parties and the parties agree that the Applicant is entitled to a 1.5 percent salary progression on her annual salary for the period 2019 to 2020.

9. In light of the above, I find it appropriate to make the following order.

Order

10. The respondent, the Education Department – Eastern Cape, is ordered to adjust the Applicant, Ms Y, Nell’s annual salary in terms of a pay progression for the period 2019 to 2020, by 1.5 percent upwards.

11. The respondent, the Education Department – Eastern Cape, is further order to ratify the Persal system for the period 2019 to 2020 to progress the applicant, Ms Y Nell’s, annual salary with 1.5 percent upwards.

Signature:

Commissioner: Henk Jacobs