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The Labor Appeal Court has ruled that the last stage of the 2018 public sector wage settlement is illegal and struck it down.
FILE: Cosatu members on strike in Pretoria on October 7, 2020. Image: Abigail Javier / EWN.
JOHANNESBURG – Public sector unions warn that the rejection of the legal request to which they joined for non-payment of salary increases for their members will have a profound impact on collective bargaining.
The Labor Appeal Court has ruled that the last stage of the 2018 public sector wage settlement is illegal and struck it down.
The Treasury and the rest of the government had refused to implement the agreement due to the terrible state of the treasury.
Unions such as Cosatu, Sadtu, Nehawu, the Association of Public Officials and Popcru, among others, had argued in court that the government had breached a contractual agreement with the workers and should therefore be forced to enforce it.
On the other hand, the State not only presented a counter-request, but also indicated a series of laws that the controversial part of the agreement contravened.
Sadtu’s Secretary General Mugwena Maluleke said: “So next week we will make a decision on whether to appeal this to the Constitutional Court or whatever other form of action is available to us.”
Meanwhile, the justices were also clear in their consideration of the current social and economic challenges in the country, saying that the context alone does not make it fair and equitable to force the government to comply with the entire agreement.
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