City Press reports that the legality, or lack thereof, of government’s failure to implement the final leg of salary increases for public servants as stipulated in a 2018 bargaining council agreement will take centre stage at the Labour Appeal Court on Wednesday.
This will see the battle between public service unions and the Department of Public Service and Administration (DPSA), as well as Treasury, coming to a head. The success of the unions’ application to have the court order government to implement the salary increases will hinge on their ability to persuade the court that, contrary to government’s argument, implementing the final phase would not constitute an illegal undertaking. The DPSA and Treasury, in their responding affidavit and counter-application, seek declarations from the court that going ahead and increasing public service workers’ salaries would be unlawful and/or unenforceable. The outcome of the case could have implications for binding bargaining council resolutions in both the public and private sectors. The DPSA’s argument is premised on the technical contention that the “compensation envelope”, as provided for by Treasury, does not allow for any increases and its implementation would not be feasible, as it would plunge the fiscus into R37.8 billion worth of debt. The public sector trade unions, which include the Public Servants Association and a number of Cosatu-affiliated unions, all contend in their heads of argument that the department is missing the plot by compelling the court to find that implementation of only the final phase of a three-year wage agreement is illegal. Ahead of Wednesday’s court showdown, allegations surfaced of DPSA Minister Senzo Mchunu engaging with unions that fall under Cosatu separately and not approaching the ANC’s alliance partner. A union leader claimed that the department was offering “a once-off cash payment” incentive for withdrawing the court action.
- Read the full original of the informative report in the above regard by Juniour Khumalo at City Press (paywall access only)
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