The Education Labour Relations Council (ELRC) has directed the Northern Cape Department of Education to pay a teacher more than R200,000 in unpaid acting allowances after finding there was no justification for delaying the payment.
Payment ordered after department unable to provide timing
ELRC panellist Zoliswa Taba ruled that the department must pay Amor Jacobs a total of R200,282.75 for acting as a principal from February 2025 until the end of March 2026. The matter came before the ELRC after Jacobs referred her claim to the council when the department had not made the payments.
By the time of the arbitration the parties no longer disputed that Jacobs had acted as principal or the amount she was owed; the only remaining issue was when the department should make the payment. The parties proceeded by way of a stated case and dispensed with oral evidence.
How the amount breaks down
The sums placed before the panellist were agreed by both sides. They show two distinct periods of acting pay due to Jacobs:
- R155,000 (approx) for February 2025 to December 2025
- R44,751 for January 2026 to March 2026
Together these amounts total R200,282.75.
| Period | Amount due (R) |
|---|---|
| Feb 2025 – Dec 2025 | R155,000 (approx) |
| Jan 2026 – Mar 2026 | R44,751 |
| Total | R200,282.75 |
Department cited cost‑containment but gave no timetable
According to the stated case documents, Jacobs’s legal representative said the teacher had given the department ample time to make the payment and asked that the outstanding amount be settled within 30 days. The department’s legal representative told the arbitration that employees had been informed of cost‑containment measures but could not provide a definite date for payment.
The department’s lawyer said he was unaware of any other reason preventing payment and that the department would abide by the panellist’s decision. Panellist Taba concluded that the department’s position amounted to an admission that Jacobs had a legal claim and that the full amount was due.
Practical implications for teachers and the department
The ruling is a clear reminder to provincial government departments that agreed claims for acting allowances cannot be delayed indefinitely without legal consequence. For educators who accept acting posts, prompt payment of allowances is a common grievance, and this ELRC decision reinforces that process and entitlement must be respected.
- Teachers owed acting allowances may seek redress through the ELRC when internal remedies fail.
- Departments citing budget constraints still need to provide reasonable timeframes and justification for delayed payments.
- Agreed facts and documented claims strengthen employees’ positions at arbitration.
What the ruling does not change
The ELRC process in this matter did not revisit whether Jacobs performed the duties of principal or the calculation of the allowance; both were recorded as common cause. The arbitration focused solely on the timing of payment and found no lawful basis for further delay.
This decision may be used as precedent in similar cases where the employer acknowledges a claim but defers payment on budgetary grounds without a concrete timetable.
There was no indication in the stated case of any appeal by the department at the time of the ruling. The ELRC order requires the department to make payment in line with the panellist’s determination.
The ruling will be watched closely by school staff across the Northern Cape, where acting posts are frequently used to cover vacant management positions and where the timing of additional remuneration can have significant impact on already stretched household budgets.
Report: Education Labour Relations Council documents; ruling by ELRC panellist Zoliswa Taba.
