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The commissioner recorded case details including the award date 22-Aug-2019, hearing held on 06 August 2019, and representatives for both parties. A preliminary application for postponement was argued due to alleged sick leave and opposed on the basis of delay and prior postponements. The main issue concerned whether the refusal to approve extra work constituted unfair discrimination on an arbitrary ground, including effects on the applicant’s private 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was the CCMA arbitration award dated and the hearing held?","Question",{"text":112,"@type":113},"The award date is 22-Aug-2019, and the arbitration hearing was held on 06 August 2019 at the Mbombela offices.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What was the main preliminary matter before the commissioner?",{"text":117,"@type":113},"The commissioner dealt with an application for postponement submitted by the union on behalf of the applicant, opposed by the respondent.",{"name":119,"@type":110,"acceptedAnswer":120},"What issue was the arbitration intended to decide?",{"text":121,"@type":113},"Whether the applicant was unfairly discriminated against by the respondent by refusing to approve her application to do extra work outside her normal duties.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},502269,1791142392,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":41},1099529839121,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","# Arbitration AwardRendered\n\nLives  \nCCMA   cowussou fou couciurenN MTDAnONAtTnano                                          \n\n| Case Number:  \u003Cbr>:   | MP8660-18   |\n| --- | --- |\n| Commissioner:   | Letsema Mokoena   |\n| Date of Award:   | 22-Aug-2019   |\n\nIn the ARBITRATION between  \nPSA obo Rieger,F                               \n(Union/Applicant)  \nand  \nDepartment of Education                             \n(Respondent)  \nUnion/Employee's representative:  \nMs PLetebele (Union Official)             \nUnion/Applicant's address:  \nPO Box 282                   \nSonpark                    \nNelspruit                    \n1206                      \nTelephone:  \n0137417500.0137665427.0828808962                 \nTelefax:  \n013741-750-5608                   \nE-mail:  \nF.Rieqer@education.mpu.gov.za,  \npamela.letebele@psa.co.za.  \nphumzile.zulu@psa.co.za               \nEmployer's representative:  \nMr F Venter(Advocate)               \nRespondent's address:  \nPrivate Bag 11341                 \nNelspruit                   \n1206                              \nTelephone:  \n0788040818,0713700189,0828210709           \nTelefax:  \n0866801904                           \nE-mail:  \nIMadonsela@education.mpu.goV.za  \n,   eljana@adendorffs.com,  \nfuenter@law.co.za                 \nDETAILS OF HEARING AND REPRESENTATION  \n[1]The Arbitration hearing between PSA obo Rieger,Frieda-Marie and Department of Education(Mpumalanga)was held under the auspices of the Commission for Conciliation Mediation andArbitration(“CCMA”),at Mbombela ofices on 06 August 2019 in terms of section 51 read with section52 of Employment Equity Act No 55 of 1998 as amended(\"EEA\").  \n[2]The Applicant (Rieger,Frieda-Marie)was represented by Ms Pamela Letebele and the Respondent(Department of Education,Mpumalanga)was represented by Advocate F Venter briefed by AdendorffTheron Incorporated.The proceedings were both electronically and manually recorded and both partiesprovided a combined bundle of documents marked“A”.  \n## PRELIMINARY ISSUES\n\nApplication for Postponement  \n[3]  At the beginning of this arbitration Ms Letebele on behalf of the Applicant applied for postponement,which the Respondent opposed.Main reason submited was mainly that due to the fact that theApplicant was booked off sick by a medical doctor and as a result thereof not able to attend thearbitration proceedings.A medical certificate to that effect was also submitted to substantiate thatindeed the Applicant was incapacitated.  \n[4]Advocate Venter opposed this application for postponement and argued that the matter has beenpostponed for the past three sitings and has been long standing.If postponement is granted it will befor the fourth time.Postponement is not a right but an indulgence and medical cerificate is hearsay,theApplicant is not so bed ridden that she cannot attend this arbitration.On previous occasions the matterwas postponed under similar circumstances.  \n[5]He submitted further that the dispute arose in 2018 premised on an application to do extra work in termsof Public Service Act.As it stands the Applicant has to submit anew application every year.Under thecircumstances the Applicant is frivolous.The parties met and concluded pre-arbitration minutes and theissues in dispute are clear,the Applicant does not seem interested to finalize this matter and theRespondent is desirous to.The Respondent continues to incur costs and is ready to proceed  \nRuling  \n[6]  I understand that postponement should not just willy-nilly be granted and in terms of Rule 23 of theCCMA Rules it is a discretion that should be exercised judicially after considering all relevant factorsincluding surrounding circumstances.  \n[7]The matter has been long standing and justice delayed is justice denied.This justice applies to bothparties and it is also one of the primary functions of the CCMA not just to resolve dispute but to do sospeedily.  \n[8]Without going deeper in terms of the history of the matter I must among other things commend th","cbCaivnhqTpRgWJX","https://ap.wps.com/l/cbCaivnhqTpRgWJX","pdf",13160238,12,"English","# Arbitration AwardRendered\n# Preliminary Issues\n## Application for Postponement\n## Ruling\n# Issue to be Decided\n# Background to the Dispute","[{\"question\":\"When was the CCMA arbitration award dated and the hearing held?\",\"answer\":\"The award date is 22-Aug-2019, and the arbitration hearing was held on 06 August 2019 at the Mbombela offices.\"},{\"question\":\"What was the main preliminary matter before the commissioner?\",\"answer\":\"The commissioner dealt with an application for postponement submitted by the union on behalf of the applicant, opposed by the respondent.\"},{\"question\":\"What issue was the arbitration intended to decide?\",\"answer\":\"Whether the applicant was unfairly discriminated against by the respondent by refusing to approve her application to do extra work outside her normal duties.\"}]","Arbitration Award - Rendered - 22-Aug-2019 | PDF",1791030860]