SANDF NOT OBLIGED TO BARGAIN WITH SOLDIERS: COURT
The SA National Defence Force (SANDF) is not obliged to bargain collectively with a military trade union, the Supreme Court of Appeal ruled on Thursday.
The court gave judgment in three appeals relating to the labour rights of members of the defence force.
The appeal court's judgment agreed with an earlier Pretoria High Court decision, which held the SANDF was under no duty to bargain collectively with the SA Defence Union (Sandu).
The appeal court held that while international labour norms as reflected in conventions of the International Labour Organisation were intended to promote collective bargaining as a form of dispute resolution, they did not mandate this, particularly not in the case of police and military establishments.
The Bloemfontein court further found that domestic law, which follows this lead, also do not make collective bargaining compulsory.
The court also held that the General Regulations for the SANDF and Reserve provided for the arbitration of unresolved differences and this, it found, was enough to meet the right to fair labour practices contained in the Constitution.
In a separate judgment in the matter, the court ruled that Regulation 19 in Chapter 20 of the General Regulations, as published in Government Gazette on August 20, 1999, was invalid and was set aside.
This regulation has to do with steps enforcing a total ban on closed shop agreements.
Pikkie Greeff, acting national secretary of Sandu, said the union was disappointed by the court's decision.
"We have handed the judgments to our legal team who are studying it."
He said Thursday's judgment came at a time when the union was experiencing "intense pressure" from its membership to get the defence force to negotiate with the union on labour matters.
"We are considering taking the matter to the Constitutional Court," said Greeff, adding that all three appeals were in essence constitutional matters.
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31 Août 2006 à 17:40 dans
- zsandf (anglais)

