The National Union of Public Service and Allied Workers (NUPSAW) launched an urgent application on the 18 October 2019 to the Labour Court regarding the Unions re-admission to the PHSDSBC, after the employer failed to comply with the settlement agreement which was dated on 09 September 2019. NUPSAW submitted their audited membership as per settlement agreement to the council of 33 351. The employer deliberately submitted two Persal reports of 20 075 and another of 13 225 to cause confusion within the Council suggesting that 13 225 are abnormal appointed personnel.
The Labour Court Order which is dated 30 October 2019 favoured NUPSAW and the employer was ordered to furnish the General secretary of the Public Health and Social Development Sectorial Bargaining Council (PHSDSBC) with an unqualified list of NUPSAW members within the Department of Health and Social Development for whom persal deductions are effected by the employer as by 30 September 2019.
The Court Order further order that the General Secretary of the PHSDSBC to convene a council meeting within 14 days to consider the re-admission of NUPSAW application. In compliance of the Court Order the General Secretary of PHSDSBC convened a special council meeting on the 13 November 2019 to consider our re-admission application and replied to us on the 18 November 2019 as follows.
- The meeting processed our application and resolved that Council still needed to have further deliberation in order to satisfy, whether unqualified list provided by the employer fall within the registered scope of the Council.
- Furthermore the Council stated that our application will be considered within 90 days in terms of clause 7.9 of the constitution.
NUPSAW responded by demanding an undertaking from the Council to comply with the time frame for consideration and finalization of our application as set out in the settlement agreement and the Court Order. Further undertaking that the employer had provided the Council with figures amounting to not less than 30000 members which are within the Department of Health and Social Development in line with the Court Order.
Should NUPSAW not receive the undertaking by the 20 November 2019, the Union will then approach the Courts on an urgent basis for appropriate relief.
The Council through their lawyers, responded that NUPSAW application is under consideration by the Council, and that a further Council meeting is to take place on the 28 November 2019 and therefore there is no reason to approach the court.