LABOUR COURT HEARING
12 â€“ 14 AUGUST 2013
The Labour Court heard evidence on 12 and 13 August and Counsel for the applicants (Labour) and respondents (Employer) presented their closing arguments on 14 August 2013.
During closing arguments, Counsel for the applicants conceded that the Minister may terminate a collective agreement in terms of section 23 (4) of the Labour Relations Act. The implications thereof are as follows:
- Â· Collective Agreement 1 of 2011 is terminated with effect 17 March 2013, which is the date of the notice period given by Minister Motshekga (letter signed on 3 March 2013 with 14 days notice),
- Â· The Agreement remains in effect for the period 7 April 2011 to 14 March 2013, pending the ruling of the Judge on the validity of the Agreement,
- Â· Should the Judge rule that Collective Agreement 1 of 2011 is valid all employees involved with matric marking (including supplementary examinations) during the period 7 April 2011 to 17 March 2013) will receive supplementary payments in terms of the tariffs in the said agreement,
- Â· Should the Judge rule that Collective Agreement 1 of 2011 is not valid, no supplementary payments will be made.
- Â· The tariffs determined by Minister Motshekga and published in Government Notice No 187, dated 7 March 2011 will apply to markers in 2013 (allowing for the CoL adjustment), unless parties negotiate a new set of tariffs.
The Judge has reserved judgement on the matter â€“ a ruling will possibly be available in two months time.
Read the report in the Mail and Guardian (14 August 2013)
Read the report in the Mail and Guardian (16 August 2013)