Arbitration awards | Western Cape Education Department

Arbitration awards

2009

Case Number

Parties Involved

Nature of dispute

Award / Outcome

Applicant

Respondent

PSES 377-08/09 WC

N. Mhlanga

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 221-08/09 WC

M.T. Coetzee

WCED

Main Issue:
Alleged Unfair Discrimination
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 230-08/09 WC

L. Visser

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 149-08/09 WC

C. Esau

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Alleged Unfair Dismissal

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 508-08/09 WC

NFC. Poggenpoel

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Respondent to appoint applicant
  • No cost order was made.
  • In favour of the applicant.

PSES 229-08/09 WC

Y. Maans

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 199-08/09 WC

M. Marsh

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Settlement agreement.

PSES 285-07/08 WC

N. Abrahams

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Respondent to appoint applicant
  • No cost order was made.
  • In favour of the applicant.

2008

Case Number

Parties Involved

Nature of dispute

Award / Outcome

Applicant

Respondent

PSES 833-07/08 WC

J. Sigudla

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 226-07/08 WC

L.J. Muller

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 125-07/08 WC

K. Isaacs

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

2007

Case Number

Parties Involved

Nature of dispute

Award / Outcome

Applicant

Respondent

PSES 281-06/07 WC

C. Dhlamini

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Alleged Overpayment

  • Respondent is to pay compensation of R90 660.03 plus all other benefits.
  • No cost order was made.
  • In favour of the applicant.

PSES 148-06/07 WC

J.I. Julius

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Alleged Unfair Dismissal

  • Application dismissed.
  • In favour of the respondent.

PSES 438-06/07 WC

S.M. Vos

WCED

Main Issue:
Alleged Unfair Discrimination
Sub Issue:
Appointment / Promotion

  • Respondent to appoint applicant.
  • No cost order was made.
  • In favour of the applicant.

PSES 360-06/07 WC

M.R.M. Bains
& 2 Others

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 76-07/08 WC

I.J. Fourie

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Incapacity Sick Leave

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 554-07/07 WC

Koeleman & Venter

WCED

Main Issue:
Alleged Unfair Discrimination
Sub Issue:
Appointment / Promotion

  • Respondent to appoint applicant.
  • No cost order was made.
  • In favour of the respondent.

2006

Case Number

Parties Involved

Nature of dispute

Award / Outcome

Applicant

Respondent

PSES 71-06/07 WC
PSES 72-06/07 WC
PSES 73-06/07 WC

L. Mlonyeni
L. Ngwayi
M. Komane

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 249-06/07 WC

M.A. Myners

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 259-06/07 WC

W.C. Böhmer

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • No cost order was made.
  • In favour of the respondent.

PSES 256-06/07 WC

E. Jodwana

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Alleged Unfair Dismissal

  • Respondent to appoint applicant.
  • No cost order was made.
  • In favour of the applicant.

PSES 202-06-07 WC

S Adams

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 581-05-06 WC

Y Basson

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 105-06-07 WC

L Liebenberg

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 202-06-07 WC

S Adams

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 529-05-06 WC

FL Williams

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 253-05-06 WC

CA Persence

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 87-06/07 WC

JJ Engelbrecht

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 118-06-07 WC

SA Herman

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 2-06-07 WC

CE Conradie

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 300-05/06 WC

EEG Pietersen

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Non-renewal of fixed term contract

  • Respondent is to pay compensation of R 20 400,00
  • No cost order was made
  • In favour of the applicant

PSES 512-05/06 WC

DOG Muller

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Promotion

  • No cost order was made
  • In favour of the respondent

PSES 439-05/06WC

DA Kotze

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed
  • In favour of the respondent

PSES 281-05/06WC

F Williams

WCED

Main Issue:
Alleged unfair dismissal
Sub Issue:
Non-renewal of contract

  • Repeat the short listing and inter-viewing process
  • No cost order was made
  • In favour of the applicant

PSES 463 05-06 WC

JJ Markgraaf

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Provision of benefits

  • In favour of the respondent.

2005

Case Number

Parties Involved

Nature of dispute

Award / Outcome

Applicant

Respondent

PSES 390 04/05 WC

ZC Molo

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • In favour of the respondent.

PSES 579 04/05 WC

MA du Plessis

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Respondent to instruct SGB to repeat short listing and nomination process.
  • The appointment of the current incumbent will either be confirmed or withdrawn by the respondent.
  • No cost order was made.

PSES 12 05/06 WC

AJ Sigudla

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • In favour of the applicant.

PSES 178 05/06WC

ED Theron

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • In favour of the respondent.

PSES 243 05/06 WC

Windvogel

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Appointment / Promotion

  • Application dismissed.
  • In favour of the respondent.

PSES 270 05/06 WC

DF Claassen

WCED

Main Issue:
Unfair Labour Practice

  • Application dismissed due to applicant’s absence.
  • In favour of the respondent.

PSES 280 05/06 WC

JD Prinsloo

WCED

Main Issue:
Unfair Labour Practice

  • Applicant not entitled to any relief.
  • No cost order was made.

PSES 282 05/06 WC

MM Mtshemla

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Dismissal in terms of Section 14(1) of the EEA

  • Applicant’s dismissal in terms of section 14(1) of the EEA was both substantively and procedurally fair.
  • In favour of the respondent.

PSES 254 05/06WC

ID Hartzentberg

WCED

Main Issue:
Unfair Labour Practice
Sub Issue:
Benefits

  • Application dismissed.
  • In favour of the respondent.