Elrc Collective Agreement 4 Of 2016

[9] With respect to his first complaint that the staffing by the Westenburg School Department was wrong, the arbitrator found that this was something the department did within the meaning of Section 5 of the Employment of Educators Act and the Norms and Standards Regulations. The definition of staff was not provided for by Resolution 2 of 2003 or other collective agreements, and OHCHR was not empowered to make a decision on this matter. [22] The applicant`s argument argued that the applicant had misunderstood the nature of the investigation by not taking into account not only the fact that she had been informed of the overrun, but also of how she had been informed and the time when it had been done. Had he considered the matter properly, he would have found that she had only been aware of her status at the April 12, 2012 meeting in Westenburg, for lack of a prior letter to that event, and that it had in any case been identified as beyond staffing until that meeting. The only such letter was the letter from the Director of Westenburg to the District Director, which was sent on May 16, 2012, one month after the meeting. Article 2, point (e), of the 2003 agreement does not provide for the date of written notification and, in the absence of a certain period of time, the normal presumption that a reasonable period of time would apply applies. She already knew that she was going beyond the Westenburg branch when she received a letter in April 2012 to report to Taxila School, so the letter would have only confirmed what she knew until then. I do not see how the arbitrator`s findings of substantive respect would have had a significant impact on the outcome of their application if he had focused more on it than he requested. For these particular cases, arbitrators with sufficient experience in hearings of minor children are designated as witnesses and victims. Intermediaries are also set up to assist the child`s victim or witness in testifying. The principle of fairness in the handling of hearings is fundamental and this agreement ensures that the rule of law is invivsible. Mugwena Maluleke, Secretary General of SADTU, said that the EU, the largest in the education sector, had signed the agreements that will ensure the permanent employment of teachers in the provision of quality education as a right to children; ensure the reintegration of teachers and provide learners with protection from sexual predators.

[1] This is a request for consideration of an interpretation and application dispute concerning the transfer of each applicant, Ms. Chokoe (hereafter “the “educator” or “Chokoe”) by the third respondent, the Limpopo Department of Education (hereafter the ministry), to Tlakale Secondary School (`Tlakale`), which she allegedly violated the existing collective agreements. The Adjudicator found that, in applying the relevant decisions of the Bargaining Council, Namely Resolution 2 of 2003 and to the extent that it applied, the Department had correctly interpreted and applied Resolution 6 of 1998 by transferring staff to the school concerned. [12] The Arbitrator also rejected the assertion that there was an agreement for it to be transferred to Greenside. He found that she was not in a position to prove this allegation. He accepted Madiba`s evidence that Chokoe had never filled out the documents that were to be handed over to that school, and all that had happened was that the ministry had asked if the school was ready to accept them.