NEHAWU Welcomes Labour Court Ruling Compelling The DPSA And NDOH To Pay All Recalled Salaries Of Our Members And Workers
Friday March 24, 2023
The National Education, Health and Allied Workers’ Union [NEHAWU] welcomes the Labour Court ruling compelling the Department of Public Service and Administration [DPSA] and National Department of Health [NDOH] to pay all recalled salaries of our members and workers.
The judgement follows our urgent application on the 17th March 2023 to compel the departments to pay salaries of our members and workers after they had recalled our shop stewards and members’ entire salaries, translating to our members not being paid any form of remuneration in respect of the days on which they have worked.
As NEHAWU, we are vindicated by the judgement, as our bone of contention was that withholding salaries of workers is unlawful and in breach of the conditions of service which also amounts to a contravention of the Basic Conditions of Employment Act 75 of 1997 (“BCEA”). Equally, the recalling of entire salaries was in breach of the settlement agreement of the public service strike.
The court ordered the department to effect payment of any outstanding remuneration, which was due to be paid to the Applicant’s members on/about 15 March 2023 or which was recalled as a result of the application of the “no work no pay” principle, subject to clause 1.1. (c) of the Settlement Agreement.
The national union, reiterates that the DPSA and NDOH should respect and uphold the spirit of the settlement agreement of the public service strike instead of their fixation of withholding and recalling salaries of our members and workers.
Lastly, the union welcomes this court judgement as it protects workers from employers who abuse their powers by unlawfully recalling salaries of workers. We call on the National Department of Health and DPSA to comply with the court order and immediately pay all recalled salaries of our members and workers.
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Issued by NEHAWU Secretariat Office
Zola Saphetha (General Secretary) at 082 558 5968;
December Mavuso (Deputy General Secretary) at 082 558 5969;
Lwazi Nkolonzi (NEHAWU National Spokesperson) at 081 558 2335 or email: lwazin@nehawu.org.za
Visit https://www.nehawu.org.za