DOORS ARE OPEN FOR COLA STRIKE

MBABANE – The ball is now in the public sector associations (PSAs) court!
In its 30-page judgment, the court found that it was not possible to say the strike in respect of the cost-of-living adjustment (CoLA) 2018/2019 could be prohibited at this stage.

The court said it cannot be separated from the ‘legal’ strike.
The judgment, which seemingly places government at the mercy of the PSAs, was delivered by Industrial Court Judge President Sifiso Nsibande, who was sitting with members of the bench Musa Dlamini and Mthokozo Mthethwa.

Interdict

Government had moved an application wherein it was seeking an order to interdict the PSAs from engaging in a strike action, to force their employer to pay them the cost-of-living adjustment (CoLA).
Judge Nsibande and the members of the Bench said: “In our view, the respondents (PSAs) would require to issue fresh notices in order to achieve the legal requirements for protected strike.”

The Industrial Court Judge President took about an hour reading the judgment. While doing so, there was utter silence in the courtroom as all were keen to establish which side would emerge victorious.

The court also noted that the main issue of the strike was the CoLA dispute, which was a legitimate demand of the PSAs.  
According to the court, the Minister of Labour and Social Security and the principal secretary in the Ministry of Public Service, admitted that the dispute existed.

They said it (dispute) existed because government was unable to pay CoLA due to the fiscal challenges the administration faced.
“In keeping with the attitude of the Committee on Freedom of Association, we cannot say the proposed strike is one of a purely political nature,” said the court.

Exclusion

The court observed that the PSAs, however, had difficulty that the exclusion of the CoLA 2018/2019 was not explained, and they sought to undertake a strike action on a matter that was not conciliated on.
The strike, according to government, was said to be tainted with illegality because it had the hallmarks of a political strike due to the issues raised in the statement.

These issues in the statement were said to have had a political tone.
During the course of the court proceedings, the PSAs and the attorney general engaged in negotiations with a view to agree on what they hoped would bring the matter to an end. However, no agreement was concluded.

When the parties held the negotiations on the sidelines of the case, the PSAs proposed an offer of 7.85 per cent for the year 2017/2018 as CoLA. According to the proposal, the PSAs wanted government to pay them CoLA on or before September 1, 2019 in the following manner;

They wanted to be paid at least four per cent on or before September 1, 2019 and the balance of 3.85 per cent on or before December 1, 2019.
Alternatively, the PSAs proposed that government should adjust their salaries by 3.85 per cent over and above the CoLA which shall be due to them for the year 2018/2019, despite any agreement that may be entered into between the parties in the negotiations of the same year.

There was a further alternative in which the PSAs proposed that government should adjust their salaries by 5.5 per cent as CoLA from 2017 to the end of the current term of office of new cabinet, being 2023.

They also proposed that CoLA should be effective on or before April 1 of every year, and that it should be conditional to the rate of inflation not exceeding six per cent.
The inflation rate, according to the proposal, should it go above six per cent, CoLA would be raised as per the increase. This proposal was rejected by government resulting in the court proceedings continuing.

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