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The award addresses hearing arrangements, party representation, agreed facts on collective agreements dated 10 December 2021, and the issue of whether the EU Agreement obliges payment to specified pay classes. The commissioner applies relevant case law principles for contractual interpretation.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/wect2804-22-arbitration-award-11-july-2022/502270/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/wect2804-22-arbitration-award-11-july-2022/502270.png","ImageObject",300,407,{"name":92,"@type":93},"EvelynWrites","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-12","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":44},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Who were the parties and representatives in the arbitration hearing?","Question",{"text":112,"@type":113},"UCTEU (represented by Mr. I Haffegee of Haffegee Roskam Savage Attorneys) opposed the University of Cape Town (represented by Graham Lesley, Senior Council, instructed by Mcaciso Stansfield Inc).","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What collective agreements and pay increases were agreed for 2022?",{"text":117,"@type":113},"The parties referenced an EU Agreement dated 10 December 2021 with a 5% pay increase, and other agreements dated 21 December 2021 and 3 February 2022 indicating 5,2% increases and a once-off lump sum payment of R 2 100.",{"name":119,"@type":110,"acceptedAnswer":120},"What is the central issue the commissioner had to decide?",{"text":121,"@type":113},"Whether the EU Agreement obliges the University to pay the Union’s members in pay classes 7 to 12 a once-off payment of R 2 100, considering the interpretation and application of the relevant clause.","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},502270,1791141882,{"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":44,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":39,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":46},687212989558,"https://ap-avatar.wpscdn.com/davatar_a8503ba1806abce46bf441b54a3ca4cd","ARBITRATION AWARD  \nCommissioner: Joseph Williams  \nCase No.: WECT 2804-22 Date of Ruling: 11 July 2022  \nIn the matter between:  \nUCTEU obo members  \n(Union / Applicant)  \nand  \nUniversity of CapeTown  \n(Respondent)  \nUnion/Applicant’s representative: Mr. I Haffegee (Haffegee Roskam Savage Attorneys)  \nRespondent’s representative: Graham Lesley, Senior Council  \n(Instructed by Mcaciso Stansfield Inc)  \nOnly signed awards that contain the CCMA approved watermark are authorised. WECT2804-22  \nPage 1 of 8  \nLast saved on: Mon 11-Jul-2022 18:28:59  \nLast saved by: WinifredC  \nDETAILS OF HEARING AND REPRESENTATION  \n1. The matter was scheduled for arbitration on 30 June 2022 at the offices of the Commission for Conciliation Mediation and Arbitration (CCMA) in Cape Town. The applicant UCTEU (University of Cape Town Employees Union) was represented at the hearing by Mr. Haffegee of Roskam Savage Attorneys. The respondent UCT (University of Cape Town) was represented at the hearing by Mr. Graham Lesley, SC instructed by Mcaciso Stansfield Inc.  \n2. The arbitration hearing was conducted in English and the proceedings were digitally recorded.  \nBACKGROUND TO THE DISPUTE  \n3. The parties to the dispute agreed to a pre-arbitration minute signed 30 June 2022 and the facts agreed by the parties are as follows: (i) the applicant and the respondent concluded a collective agreement on 10 December 2021 regarding pay increases for 2022 herein referred to as the EU Agreement; and (ii) the parties agreed toa pay increase of 5% for 2022.  \n4. The agreement includes the following provision that the increases will be affected in the January 2022 pay run. In the event of further adjustment been applied to other staff bodies, the Employees’ Union  \nwill be aligned accordingly and will not be compromised.  \n5. The University concluded a collective agreement with the Academics’ Union referred to as the AU on  \n21 December 2021 and agreed toa pay increase of 5,2% for 2022.  \n6. 3 February 2022 the University concluded a collective agreement with NEHAWU, UAWU, SALIPSWU and DETAWU (Coalition Unions) on the pay increases for 2022. The University and the Coalition Unions (CU) agreed toa pay increase of 5,2% and a once off lump sum payment ofR 2 100.  \n7. The CU Agreement makes provision for a once off Ex Gracia lump sum payment for Lower Pay Classes which will be paid in February 2022 payroll and not to be extended outside of the Coalition of Unions.  \n8. The EU is part of the CU but did not take part in the Coalition negotiations with the other unions because it and the University concluded a collective agreement for pay increases on 10 December  \n2021. The Employees’Union is nota party to the Coalition Agreement.  \nOnly signed awards that contain the CCMA approved watermark are authorised. WECT2804-22  \nPage 2 of 8  \nLast saved on: Mon 11-Jul-2022 18:28:59  \nLast saved by: WinifredC  \n9. The University aligned the EU Agreement with an extra 0,2% increase to a 5,2% extended to the EU members after concluding the 5,2% increase with the AU for academic salaries on 21 December 2021.  \n10. The University has refused /failed to pay the lump sum payment of R 2 100 to the EU members and employees in pay classes other than pay class 2 to pay class 6 covered in the Coalition Agreement.  \nISSUE TO BE DECIDED  \n11. The applicant referred a dispute Section 24(2) [24(5)] collective agreement the interpretation or the application thereof clause 2.1 pay increases in the collective agreement signed UCT and the EU. Determining and making a finding whether the relevant clause obliges the University to pay the Union’s members in pay classes 7 to 12 a once off payment of R 2 100.  \n12. I must apply my mind to determine the relief that the applicant seeks based on submissions of the parties before me in the arbitration hearing.  \n13. The parties have further agreed to the relevance of case law applicable when determining the dispute  \nas found in Capitec v Coral Lagoon 2022(1) ","cbCaig97ljsMBU7M","https://ap.wps.com/l/cbCaig97ljsMBU7M","pdf",97418,"English","# Details of Hearing and Representation\n# Background to the Dispute\n# Issue to Be Decided\n# Summary of Evidence and Argument","[{\"question\":\"Who were the parties and representatives in the arbitration hearing?\",\"answer\":\"UCTEU (represented by Mr. I Haffegee of Haffegee Roskam Savage Attorneys) opposed the University of Cape Town (represented by Graham Lesley, Senior Council, instructed by Mcaciso Stansfield Inc).\"},{\"question\":\"What collective agreements and pay increases were agreed for 2022?\",\"answer\":\"The parties referenced an EU Agreement dated 10 December 2021 with a 5% pay increase, and other agreements dated 21 December 2021 and 3 February 2022 indicating 5,2% increases and a once-off lump sum payment of R 2 100.\"},{\"question\":\"What is the central issue the commissioner had to decide?\",\"answer\":\"Whether the EU Agreement obliges the University to pay the Union’s members in pay classes 7 to 12 a once-off payment of R 2 100, considering the interpretation and application of the relevant clause.\"}]","WECT2804-22 - Arbitration Award - 11 July 2022 | PDF",1791030860]