Mandatory grant submissions 2010/2011 2

Can anyone please help? My client tried to submit their mandatory grant application and annual training report for 2010/2011 on the eve of 30 June and discovered they could not log on. However, the next day (01/07/2011) the Company submitted a request for an extension. Approximately a week or so later the Seta advised that the request was denied even after having advised that they could not logon the night before. My client later discovered that the Seta changed their system and had advised companies previously of the changes and that all SDF’s should re-register with the Seta. My client advised that unfortunately they thought that the correspondence which was sent via e-mail was just a reminder that the submissions were due on 30 June and therefore did not read the entire document. The subject line also stated ‘Mandatory Grant submissions’. Very poor correspondence was sent to companies overall and some companies only received notifications on 10 June advising of the changes. Some companies still up until 28 June were fighting with this Seta to advise whether extensions would be granted and were advised that companies are only notified in July if their extension is granted. However, I have submitted a request for an extension with the CEO who also declined the request and I will now submit a request to the Governing Board.

Is anyone able to tell me whether there is a higher body than this that I could possibly approach if I am unsuccessful. My client stands to lose R450 000 in reimbursements and has not been reimbursed for all of the monies since last year either. This has been brought to the attention of the CEO and he has not responded other than deny an extension.

Share on Social Media

Leave a comment

2 thoughts on “Mandatory grant submissions 2010/2011

  • Charlene Kemp Post author

    Thank you for  your response, Sylvia. We will however, explore all of the avenues possible. We are hoping that it is going to be worth the try. It is just so frustrating and my client has spent an equal amount of monies on training as they have submitted in levies. My client has also belonged to this Seta for 12 years and always submitted without fail. The Seta has also omitted to make all of the reimbursement payments for the 2009/2010 year. Is there a stipulated period within which the monies must be paid over to Companies? 

  • Sylvia F. Hammond

    Unfortunately, although I understand your frustration, the Seta is correct in refusing the application for an extension.  There is no legal authority in present skills development law for the Seta to give an extension.  The authority to do so was removed when the new requirements to submit by 30 June came in. It remains a mystery to me how some Setas did apparently grant extensions.

    On your complaint, I’m afraid if your client didn’t read the communication correctly, I don’t think that you have any cause of action against the Seta.  The CCMA and the Labour Court has jurisdiction over disputes arising from the Skills Development Act, but personally I don’t think that you have a case.  You could try approaching the Department of Higher Education and Training but I wouldn’t be hopeful of a positive response.