In the Arbitration between:

NOMNIKELO FOJI
(Applicant)

and

EDUCATION DEPARTMENT OF EASTERN CAPE
(Respondent)

 
PARTICULARS OF PROCEEDINGS AND REPRESENTATION

1. The arbitration hearing under the auspices of the Education Labour Relations Council (ELRC) took place on 1 July 2022 via the Zoom virtual platform.

2. The applicant, Mrs. Nomnikelo Foji was represented by Mr. Aaron, an official of NAPTOSA. The Education Department of Eastern Cape was represented by its Labour Relations Officer Mr. Ndzongo. The proceedings were digitally recorded.

THE ISSUE IN DISPUTE

3. I must decide whether the applicant is entitled to the claim for money which the employer failed to pay as alleged, and if so, I must make an appropriate order.

BACKGROUND TO THE ISSUE

4. On 10 April 2022, the applicant referred a dispute to the ELRC claiming that the respondent has failed to pay her monthly salary for July 2021. A certificate of non-resolution of the dispute was issued on 3 May 2022 whereafter the applicant filed a request for arbitration of the dispute.

5. The applicant is an employee of the respondent since 18 May 1992. Her Persal number is 52666958 with pay point number 1200/124178. She is currently employed at Mkhaphusi SPS within the Cacadu Circuit as a post level 1 educator.

6. The respondent administrated the applicant’s retirement with effect from 1 July 2021. There is some dispute whether the applicant in fact submitted an application for retirement but this point is moot given the submission of the parties which is discussed hereunder. The applicant did however submit a letter revoking her retirement on 20 July 2022.

7. The applicant claims payment of her salary for July 2021 in the amount of R32 852.84.

SUBMISSIONS OF THE PARTIES

8. Mr. Ndzongo explained that the applicant’s retirement was processed on the Persal system. The letter dated 20 July 2022 in which the applicant revoked her retirement was received too late by the respondent in order to reverse the retirement on the Persal system. As such the applicant was not paid for July 2021.
9. Mr. Ndzongo submitted that the respondent does not dispute that the applicant is entitled to be paid her salary for July 2021. He explained that submissions have been made to the various authorities for the applicant to be paid her salary but that the finances of the respondent and the administrative processes to approve the payment are delaying the finalisation of the matter.

10. Both parties requested that an order be made to the effect that the respondent pays the applicant her salary for July 2021.

ANALYSIS OF SUBMISSIONS

11. The ELRC has through collective agreement extended its jurisdiction to allow it to deal with the enforcement of matters dealt with in the Basic Conditions of Employment Act.

12. It is not in dispute that the respondent has failed to the pay the applicant’s salary for July 2021 and that an order to effect payment is appropriate.

AWARD

13. The Education Department of Eastern Cape is ordered to pay Mrs. Nomnikelo Foji her salary for the month of July 2021 in the amount of Thirty-Two Thousand Eight Hundred and Fifty-Two Rand and Eighty-Four Cents (R32 852.84), less statutory and other normal deductions, on or before 31 July 2022.

14. Interest will accrue on the amount mentioned in paragraph 1 from 1 August 2022 in accordance with section 143(2) of the LRA.

ELRC Panellist: Jacques Buitendag