BOPEU wins, again
Goitsemodimo Kaelo | Thursday March 17, 2016 18:00
BOPEU last month made an urgent application seeking the nullification of the admission of BOFEPUSU into the Public Service Bargaining Council (PSBC). BOPEU had won the first round in February and BOFEPUSU had to show cause why the final order issued in February by the court couldn’t be made final.
When delivering judgment Maruping confirmed and made final the rule nisi granted by the court in February. He said that BOFEPUSU should not be admitted into the bargaining council. He also ruled that the report on the outcome of the verification of membership figures of BOFEPUSU as confirmed by the PSBC and the General Secretary of the PSBC be set aside.
He said that BOPEU has substantive direct interest in the matter and proceedings of the PSBC. Maruping stated that only trade unions that are recognised by the government, as the employer are entitled to be admitted as members of the bargaining council. He said that for purposes of admission into the PSBC, only membership figures of individual members of BOFEPUSU are to be considered not as a collective.
He declared that the trade dispute should be resolved through mediation by the Commissioner of labour. The judge ordered that all recognised trade unions should go for mediation before the Commissioner of labour within 30 days.
“The 8th respondent is hereby interdicted from proceeding with the 2015/16 salary and conditions of service negotiations pending the outcome of the mediation process of the dispute by the commissioner of labour within 30 days,” he said.
“The commissioner of labour is accordingly directed to mediate the dispute within 30 days of this order.”
The judge pointed out that, the short time frame for arbitration is due to the fact that time has run against the parties with regard to 2016/17 salary negotiations.
He however said the court leaves the matter for resolution by both the unions and the employer. He noted that the constitution of the PSBC contains provision for amendment of the constitution, and therefore urged the parties to look at the bigger picture and decide what is best for their members.