The Department of Public Service and Administration (DPSA) cannot argue that the public service wage agreement it entered into with labour in 2018 was unlawful – considering it met the agreement for two of its three years – the Constitutional Court heard on Tuesday.
Moreover, argued at least one attorney, unions fear that public servants could be out of pocket if the agreement is found to be invalid.
Unions’ legal representatives met government department lawyers for a virtual hearing on Tuesday. The Public Servants’ Association is appealing the Labour Appeal Court’s 2020 decision to dismiss labour’s application to compel government to see the three-year deal through.
If the deal went through, the state would have paid an increase of up to 7% plus 1% of CPI, depending on the level of employment.
Government argued that it did not have the means to honour the agreement due to fiscal constraints.
The case continues nearly a month after government managed to clinch a public service wage deal with most unions at the Public Service Coordinating Bargaining Council.
Some unions – including the National Education, Health and Allied Workers Union (Nehawu) – rejected the deal.
