National Prosecuting Authority and Others v Public Servants Association and Others (J456/08)
National Prosecuting Authority and Others v Public Servants Association and Others (J456/08) [2008] ZALC 145; [2009] 4 BLLR 362 (LC) ; (2009) 30 ILJ 1613 (LC) (19 November 2008)
The court found that the arbitrator failed to take into account the legislative and regulatory framework governing salary adjustments following job evaluation in the public service, specifically the requirement that such increases may only be implemented if sufficient funding is available. The arbitrator's decision was based on considerations of equity and fairness, disregarding the statutory constraints and the context in which the regulations were promulgated. The court held that the arbitrator's conclusion was not one that a reasonable decision-maker could have reached, as it ignored the l…
Source excerpt
- Arbitration Review
- Job Evaluation
- Public Service Regulations
- Interest Vs Rights Dispute
- Collective Bargaining
- Salary Adjustment