Municipality appeals unfair labour practice judgment
Award said to have ‘no basis in calculation’ for reaching R100 000
THE Stellenbosch Municipality has appealed against the Bargaining Council’s judgment which ordered it to pay R100 000 to an employee who had successfully proved unfair labour practice.
The municipality’s affidavit in support of application for rescission of the arbitration award, argues that the commissioner had erred “grossly” by awarding traffic officer Lizelle Moses 12 months backpay.
Moses had successfully proven that the municipality had conducted unfair labour practice following its failure to adjust her salary before the controversial TASK salary upgrading process.
The commissioner in his judgment had order the municipality to upgrade Moses to the correct salary grade and pay her R100 000 by no later than August 1.
The affidavit states that the question of law had to be determined by the commissioner and was not alluded to in his arbitration award.
The municipality’s application by the director of strategic and corporate service, Anna Maria Cornelia de Beer, said: “The applicant in this matter concedes the payment of her co-worker’s upgrade was on July1, 2014, but in terms of a decision and implementation date prior to July1, 2014.
“The commissioner failed to take into account the implementation date of the respondent was after June25, 2014 and not like her co-worker prior to this date.
“A rectification in terms of TASK implementation could only have followed after June 25, 2014.”
In the municipality’s view the award of backpay to Moses for 12 months had no basis in calculation for reaching the amount of R100000.
Kurt Ziervogel of the Municipal and Allied Trade Union of SA that represented Moses at the hearing said the municipality was attempting to circumvent the process.
“We have received their affidavit and I have communicated to the bargaining council that we will not respond to their papers. They had 14 days after the judgment to respond with the application for rescinding the award, they also mention certain aspects in terms of labour law, which the municipality knows can only be done through the Labour Court, which they know they would lose and thus is all just a matter of ego,” he said.
Ziervogel said that the matter had been coming on for a long time and the municipality had to address the real issue of TASK.
Stellenbosch Municipality spokesperson Stuart Grobbelaar said the municipality was not in the habit of discussing an internal dispute with a staff member in the media.
“The municipality studied the award and requested through the SA Local Government Bargaining Council that the commissioner review and rescind his award. Should this be refused, the municipality will consider our further actions.”