Shocking Constitutional Court Judgement for Public Servants Wage Dispute
28 February 2022
The Federation of Unions of South Africa (FEDUSA) noted with utter disappointment the Constitutional Court (ConCourt) judgment delivered earlier today.
The ConCourt ruled that the 2018 multi term collective agreement (Resolution 1 of 2018) concluded under the auspices of the Public Sector Coordinating Bargaining Council (PSCBC) between public sector unions and Government is now invalid and non – binding. A bitter pill to swallow remains the fact that the scourge of corruption that largely contributed to this poverty narrative and the failure to pay public servants their dues, is condemned but continues to be unpunished without full recovery of stolen funds that will comfortably cover the latter part of the 3 – year wage agreement.
The Federation firmly believes that the conduct of Government as employer, is tantamount to bad faith bargaining to the extreme.
FEDUSA believes, although we are not satisfied with the outcome, that the highest court in the country confirmed the inalienable right of collective bargaining by workers and trade unions.
We salute our affiliates and members for their unwavering commitment to challenge and defend their inalienable right to collective bargaining.
A painful precedent has now been set – pleading poverty whilst refusing to arrest those who have been directly responsible for the very situation the Government finds itself in – corruption and wasteful expenditure. The sad reality of this matter is the fact that FEDUSA will have no choice but to directly report South Africa to the International Labour Organisation (ILO), as a member state, for disregarding (C154) – Collective Bargaining Convention. Collective bargaining is a fundamental right and a key means through which employers and their organizations and trade unions can establish fair wages and working conditions.
Now that the judgement has been delivered, public sector unions will prepare for robust 2022 salary negotiations to ensure that justice for public servants based on equitable and fair working conditions and salary increases, are awarded.
For interviews please contact:
Mr Pierre Snyman
FEDUSA Vice President : Public Sector
082 880 8922
Ms Riefdah Ajam
FEDUSA General Secretary
079 696 2626
FEDUSA Media and Research Officer
072 637 8096