Court order was right - Nurses
In response, the nurses argued that the Industrial Court correctly held that government should submit to CMAC for arbitration.
Represented by lawyer Mnakekeli Ndlangamandla of MLK Ndlangamandla Attorneys, the nurses argued that there is only one route to report a dispute at CMAC and that is through completing the report of dispute form provided there, arguing that it does not distinguish whether the dispute is reported by an essential service under section 96 or none essential service under section 76.
“There is none such existing this is where we further submit that the Industrial Court was not in error when issuing the order that government should submit to CMAC for arbitration, we further submit that the difference comes about once conciliation is declared unresolved,” Ndlangamandla submitted.
Ndlangamandla submitted that in respect of this matter, the respondent (SNA) made an attempt to reason with the ministry of public service to consent to arbitration using the only form availed by CMAC completed by parties who consent to arbitration, however same was turned down.
As opposed to the argument advanced by the applicant herein, section 96 of the industrial relations act does not provide a separate route for reporting a dispute neither does it provide special forms under such dispute of essential services.
He submitted that it is worth noting that the appellant (government) in the court aquo was simply not objecting to submitting to arbitration but simply raised a faith issue against CMAC and that was it otherwise they simply conceded to the process and submitted that in principle they had conceded to the process.