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Constitution Court Judgment paves way to strengthen collective bargaining

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The Minister for The Public Service and Administration, Ms Ayanda Dlodlo, said she will be meeting with labour to discuss the impact of the Constitutional Court judgment on Clause 3.3 of PSCBC Resolution 1 of 2018, to ensure that trust and respect between labour and the employer remains intact.

She said government recognises the sanctity and integrity of the bargaining processes that has been upheld and that the judgment reinforces the benefit and opportunity to strengthen collective bargaining structures that the Employer and Labour would have to embrace going forward.

“Government would be driven by the renewed spirit and purpose that the Constitutional Court has emphasised that parties should endeavour to ensure that the legality of bargaining processes remains steadfast.

“Government and Labour would definitely find this judgment to be creating uncharted waters in as much as it reinforces the importance that all the parties should espouse towards the establishment of good faith,” she said.

The Constitutional Court ruled on Monday 29 February 2022 that Clause 3.3 of PSCBC Resolution 1 of 2018 three year wage increase agreement between government and Public Sector Unions is invalid and unlawful.

Handing down the long-awaited judgment, the apex court found that there was non-compliance with regulations 78 and 79; therefore, clause 3.3 of the collective bargaining agreement is invalid and unlawful.