ARBITRATION AWARD - Case No PSHS585-19/20

Oct 3, 2026

Arbitration award in the dispute between PSA OBO Ndaba David Kanono (applicant) and the Department of Health – Free State (respondent) under the Public Health and Social Development Sectoral Bargaining Council. The commissioner records procedural steps, including scheduling hearings, issuance of a directive for oral evidence, digital recording, and submission of bundle A and bundle B. Key questions focus on whether the respondent correctly interpreted and applied Resolution 1 of 2002 regarding acting allowances, following the applicant’s acting in a level 8 supply chain post.

LanguageEnglish

CategoryExam

FormatPDF

Pages10

Reading Time25 min

AccessFree to download

Details of the proceedings

Issues to be decided

Background

Survey of evidence and arguments

Applicant’s case

Respondent’s case

ARBITRATION AWARD Case No: PSHS585-19/20 Commissioner: Zuko Macingwane Date of award: 16 September 2020 In the matter between: PSA OBO NDABA DAVID KANONO APPLICANT and DEPARTMENT OF HEALTH – FREE STATE RESPONDENT Details of the parties and representation 1. The matter was set down for arbitration before me on 1 September 2020 and scheduled to commence at 10:00AM at the Respondent’s premises at Seronita Ntlabathi District Hospital in Lady Brand. The arbitration was held under the auspices of the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) . 2. This matter was initially scheduled for arbitration before me on 28 July 2020, where the parties dealt with the matter by way of submissions in absence of a stated case and without leading oral evidence. I subsequently issued a directive on 13 August 2020 for the parties to present oral evidence on material issues on a date to be determined by the Council. The Council subsequently scheduled the matter as stated in paragraph 1 above. 3. The applicant , Mr. Ndaba David Nkanono was present and represented by Mr. Janjie Jack, the union official with the Public Servants Association (PSA) . 4. The respondent Department of Health- Free State , was represented by Mr. Sechaba Khoali, its Labour Relations Practitioner. 5. The proceedings were digitally recorded. The applicant submitted a bundle of documents which was marked as bundle “A”. The respondent’s bundle was marked “B”. The parties agreed on record to submit closing arguments in writing on or before 8 September 2020. Both parties submitted their closing arguments. Issues to be decided 6. I am required to determine whether or not the respondent correctly interpreted or applied the provisions of Resolution 1 of 2002 of the Public Health and Social Development Sectorial Bargaining Council (herein referred to as the Agreement and/or Resolution), a Collective Agreement concluded under the auspices of the Council , which reflects as“agreement on acting allowances.” Background 7. At the time of the dispute, the applicant was employed by the respondent as a Supply Chain Practitioner at Level 7 at Seronita Ntlabathi Hospital. He was employed on 1 March 2013. The applicant is still in this position. The dispute arose on 1 July 2019 and the referral was filed on 8 August 2019. The applicant acted in the position of Senior Supply Chain Practitioner, which is a level 8 post several times. The applicant referred an interpretation or application of a collective agreement dispute in relation to payment of an acting allowance. Survey of evidence and arguments Applicant ’s case 8. The applicant testified under oath that he was working for the respondent as a Supply Chain Practitioner, which is a level 7 position. He acted in a Senior Supply Chain Practitioner position, which is at level 8, and it was not occupied at the time he was acting in this position. He was appointed by Dr N.J Setshego, the CEO to act in that position in both acting terms. The CEO had previously appointed him in this position from 1 August 2015 and before 2017 and was paid the acting allowance during that period. 9. At the time of his appointment to act in that position on 1 November 2017 he was neither told that there were delegations in place nor provided with the attachment on delegations. He was not aware that the CEO did not have the necessary delegations to appoint him in the vacant acting position in the appointment letter of 1 November 2017 and 1 November 2018. The applicant submitted that he does not fall under the guidelines. He accepted the acting appointment in 2017 and 2018 in order to provide service delivery. 10.The applicant also testified that prior to November 2017 he was appointed by the CEO to act in that position and was paid for all the months from 2015 and according to him such an appointment was in line with the resolution. 11.The applicant stated that he has acted in a higher post

FAQs

What is the case number and date of the arbitration award?

The case number is PSHS585-19/20 and the award date is 16 September 2020.

Who are the parties in the dispute?

The applicant is PSA OBO Ndaba David Kanono, and the respondent is the Department of Health – Free State.

What is the main issue the commissioner had to decide?

Whether the respondent correctly interpreted or applied Resolution 1 of 2002 concerning acting allowances.

Oct 3, 2026

Uploaded by Sophia Brooks