Van Wyk and Others v Minister of Justice and Correctional Services and Others [2023] ZAGPPHC 192; 29038/19 (15 March 2023)

Van Wyk and Others v Minister of Justice and Correctional Services and Others [2023] ZAGPPHC 192; 29038/19 (15 March 2023)

The Plaintiffs were employees of the Department of Correctional Services at the time the 2009 Collective Agreement was concluded and thus acquired vested rights under clause 11.1 of that agreement. By the time the 2016 Collective Agreement was signed, all Plaintiffs had exited the Department and were neither employees nor valid union members, and therefore could not be bound by the 2016 agreement. The retroactive application of the 2016 agreement to the Plaintiffs infringed their vested contractual and constitutional rights, including equality and just administrative action. The High Court has jurisdiction to grant specific performance and declaratory relief in this matter, as the dispute...

Citation
[2023] ZAGPPHC 192
Parties
Plaintiff: J K Van Wyk and 51 Others; Plaintiff: G P Barnard and 94 Others; Defendant: Minister of Justice and Correctional Services; Defendant: Minister of Public Services and Administration; Defendant: Government Employees’ Pensions Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 March 2023
Case Number
29038/19
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in favour of the Plaintiffs. Declaratory and specific performance orders issued.
Judges
L Barit
Legal Topics
Collective Agreements, Specific Performance, Retroactive Application, Jurisdiction, Declaratory Relief
Labour Law Civil Procedure Collective Agreements Specific Performance Retroactive Application Jurisdiction Declaratory Relief

Case Brief

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Parties

J K Van Wyk and 51 Others

Plaintiff

G P Barnard and 94 Others

Plaintiff

Minister of Justice and Correctional Services

Defendant

Minister of Public Services and Administration

Defendant

Government Employees’ Pensions Fund

Defendant

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the 2009 Collective Agreement or the 2016 Collective Agreement applies to the Plaintiffs.
  2. 2 Whether the Department of Correctional Services is obliged to implement clause 11.1 of the 2009 Collective Agreement for the Plaintiffs.
  3. 3 Whether the Plaintiffs are bound by the 2016 Collective Agreement despite having exited the Department prior to its conclusion.

Ratio Decidendi

The Plaintiffs were employees of the Department of Correctional Services at the time the 2009 Collective Agreement was concluded and thus acquired vested rights under clause 11.1 of that agreement. By the time the 2016 Collective Agreement was signed, all Plaintiffs had exited the Department and were neither employees nor valid union members, and therefore could not be bound by the 2016 agreement. The retroactive application of the 2016 agreement to the Plaintiffs infringed their vested contractual and constitutional rights, including equality and just administrative action. The High Court has jurisdiction to grant specific performance and declaratory relief in this matter, as the dispute...

Court Disposition

Application granted in favour of the Plaintiffs. Declaratory and specific performance orders issued.

Orders

  • The Plaintiffs are granted a declaratory order that the 2009 Collective Agreement, unamended, applies to them.
  • The First Defendant is ordered to implement clause 11.1 of the 2009 Collective Agreement for all Plaintiffs’ salary back pay.