Key Points:
- The Free State unpaid allowance dispute concludes with a principal winning over R722,000.
- The principal served as acting principal for nearly three years without proper pay.
- The Education Labour Relations Council (ELRC) ruled in favor of the principal.
BLOEMFONTEIN, South Africa (AP) — The Education Labour Relations Council (ELRC) ordered the Free State Department of Education to pay a school principal more than 722,000 South African rand (approximately $40,000 USD). This order came after he served in an acting capacity for nearly three years without proper compensation. This Free State unpaid allowance case highlights significant administrative issues.
Principal Assumes Acting Role Without Proper Remuneration
Molangoana Zacharia Pholosi took on the responsibilities of acting principal at Ipekiseng Secondary School in June 2021. He continued in this role until March 31, 2024. At that point, the department formally appointed him to the position. However, despite his nearly three years of acting service, the department compensated Pholosi for only three months of the additional duties he undertook.
Dispute Over Unpaid Allowance Leads to ELRC Intervention
Although someone drafted a settlement agreement concerning the unpaid acting allowance, only Pholosi signed it. This unilateral signing led to a dispute with the education department regarding the outstanding payment. Consequently, Pholosi sought the intervention of the ELRC. The ELRC is an independent body that mediates and resolves labor-related disputes within the education sector.
Department Acknowledges Liability During Proceedings
During the ELRC proceedings, the Free State Department of Education admitted its responsibility for the unpaid acting allowance owed to Pholosi. The department explained that it had submitted the necessary documentation for obtaining payment approval to the Head of Department (HOD). However, the HOD subsequently returned these submissions to the district office for further processing. This return contributed to the delay.
Arbitrator Blames Administrative Failures for Protracted Delay
Arbitrator Monde Boyce presided over the case. He attributed the significant delay in processing Pholosi’s payment to administrative shortcomings within the education department. Therefore, he concluded that the department’s prolonged inaction had placed an unfair burden on the applicant.
“The department failed to provide a coherent explanation for the delay,” Boyce stated in his official ruling. “Even if such challenges existed, it remains unreasonable that it took more than three years to process payment.”
Boyce also expressed his concern. He noted that an issue that the department could have resolved through internal procedures required the involvement of the ELRC. “The respondent’s failure to pay the applicant the acting allowance constitutes unfair labor practice,” he further noted. “Thus, the applicant is entitled to the relief he seeks.”
Department Ordered to Pay Outstanding Amount by May 2025
The ELRC has officially directed the Free State Department of Education to pay Pholosi the total outstanding sum of more than 722,000 rand by the deadline of May 30, 2025. This ruling underscores the critical importance of ensuring fair and timely compensation for educators. These educators undertake additional responsibilities within the educational system. Furthermore, the case highlights potential areas of administrative inefficiency within the department. It also emphasizes the vital role played by the ELRC in upholding equitable treatment for employees in the education sector.
