Public Service Association of South Africa obo Members v MEC for Agricultural and Rural Development (North West Province) (JR634/13)
Public Service Association of South Africa obo Members v MEC for Agricultural and Rural Development (North West Province) (JR634/13) [2017] ZALCJHB 480 (12 October 2017)
The court held that the dispute raised by the applicants regarding the application of the PMDS policy and payment of performance bonuses is, at its core, an unfair labour practice relating to benefits as defined under Section 186(2)(b) of the LRA. The applicants attempted to re-label the dispute as a legality review under Section 158(1)(h), but the court found this inappropriate. The Labour Court has jurisdiction to review such decisions, but should only exercise this power in exceptional circumstances where no alternative remedy exists. In this case, the applicants failed to demonstrate any…
Source excerpt
- Unfair Labour Practice
- Performance Management And Development System
- Benefits Dispute
- Section 158 1 H Review
- Forum Shopping
- Collective Agreement Interpretation