Michael Nkalane
THE Public Servants Association (PSA) has won a Labour Court case against the Department of Home Affairs (DHA) in a dispute over a proposed amendment to operational working hours for staff civic services and front-desk offices.
The judgment was delivered by the court this week.
“The judge, in fact, agreed with the PSA that working hours are matters of mutual interest on which members can strike if parties are not able to reach consensus,” said PSA acting assistant general manager Leon Gilbert.
The dispute arose after the DHA failed to reach an agreement with unions at a Departmental Bargaining Chamber meeting and then informing employees that new hours of work will be implemented from March 23. The PSA represents more than 6 000 DHA employees.
“The DHA was requested to reconsider the proposed change in working hours, which will make Saturday an official working day in the department. With these changes, our members will in future have to incur additional costs for transport and child care while their salaries will remain the same,” said Gilbert.
The PSA declared a dispute, referred for conciliation at the General Public Service Sectorial Bargaining Council at the end of March.
The department raised a jurisdictional point that it does not regard the matter as a matter of mutual interest and that members of the PSA can, therefore, not strike. Gilbert said, unfortunately, at that time, the Commissioner ruled in favour of the DHA. The PSA then referred the ruling to the Labour Court for adjudication.
The judgment directs that the council should set the matter down for conciliation by a commissioner other than the previous commissioner, said Gilbert.
Although the DHA has indicated that it will apply for leave to appeal the ruling, spokesperson Mayihlome Tshwete said the judgment was being studied and declined to comment.