Public sector trade unions affiliated with the Federation of Unions of South Africa (Fedusa) have clarified the way forward on the ongoing public sector wage negotiations.
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Implementation of the three-year wage agreement is in contravention of the Constitution. 16:15
Minister of Public Service and Administration Senzo Mchunu. Image: GCIS
Labour unions in the public sector have been dealt a blow in their fight to have the government implement the final leg of a multi-year wage agreement.
On Tuesday, judges Dennis Davis, Phillip Coppin and Violet Phatshoane dismissed the application. They further found that the unions’ appeal for the courts to force the government to implement the final year of the 2018 wage deal contravenes section 213 and 215 of the Constitution and sections 78 and 79 of the Public Services Act.
The Johannesburg division of the Labour Appeal Court has dismissed a joint application by public-sector unions in which they were seeking a judgment to compel the department of public service and administration and National Treasury to increase wages and honour clause 3.3 of resolution 1 of the 2018 Public Sector Bargaining Council agreement.
That clause of the agreement, which was meant to take effect on July 1, stated that the public-sector wage bill was due to increase by up to 7%, or – under the consumer price index – plus 1%, depending on job grade.
In its ruling, the court cited that enforcement of clause 3.3 would be unlawful, as it contravened sections 213 and 215 of the Constitution, and regulations 78 and 79 of the Public Service Regulations Act of 2016, in that the wage offer exceeded the envelope that National Treasury had set aside and the offer had not been approved by National Treasury.