COURT ORDERLIES GET POSITION UPGRADE

MBABANE – Hospital orderlies recorded yet another victory against government as the Industrial Court ordered they be upgraded to Grade A4 from Grade A2.

This was after the Industrial Court yesterday ordered that the arbitration award issued by the Conciliation, Mediation and Arbitration Commission (CMAC) on September 26, 2013 be registered and endorsed as an order of the court. Judge Abande Dlamini presided over the matter.

The arbitration award which was issued by CMAC Commissioner Khanyisile Msibi was to the effect that the positions of orderlies in the country should be upgraded to Grade A4 from Grade A2.
According to the arbitrator, the upgrade was to be implemented with effect from April 1, 2014. This was to enable government to sufficiently include it in its budget.

Msibi also directed that government should consider internal advertising of all auxiliary positions and this was to be implemented with immediate effect. She directed that government could only recruit externally if no suitable position was identified within the cadre. The orderlies approached the court seeking to register the award as an order of the court but government was opposed to their application. It was submitted on behalf of government that the Industrial Relations Act of 2000 does not enable the court to register and make CMAC arbitration awards orders of the court.

This is so, according to government, because arbitration awards under the auspices of CMAC can already be enforced just like orders of the court and added that it was absurd that the orderlies had to run to court for the registration of their award.

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