Pretoria - The Labour Court sitting in Joburg ruled in favour of 23 Correctional Services officers who render support services at the Modderbee prison in Benoni.
They were earlier forced by the department to apply for leave when they were to be absent from work on a public holiday or on a weekend.
The Public Servants Association (PSA) welcomed the judgment as a victory for administrative employees of the Department of Correctional Services.
The department directed these employees to submit leave applications for public holidays, which the PSA challenged as an unfair labour practice.
Engagement with the department failed to yield results as Correctional Services was adamant these employees should take annual leave on public holidays.
Owing to the lack of progress to resolve the matter, the PSA declared a dispute, which went to arbitration.
The PSA obtained a favourable award, the arbitrator ruling that the department could not expect administrative staff performing ordinary administrative duties during normal office hours to submit leave for public holidays.
It was argued that it is standard practice in all government departments that administrative staff members enjoy public holidays without having to use or apply for annual leave.
The department, however, remained adamant that these employees must submit leave for public holidays and applied to the Labour Court to review the arbitration award.
The court subsequently ruled in favour of the PSA by finding it is incorrect for the department to expect staff members who performing administrative duties during office hours to submit leave for public holidays.
The PSA has already served the court order on the department and directed it to reinstate such leave days taken by administrative employees owing to the illegal practice by correctional services.
The PSA said while relieved that the matter was brought to finality and declared an unfair labour practice, the union was concerned about the tendency of many government departments to refer frivolous matters to court.
The union called for consequence management against those who took a decision to approach the Labour Court in this matter when it was clear that the department was in the wrong.
Acting Judge S Lancaster also levelled some criticism against the department in his judgment, as the latter had submitted its application for the court to review the arbitration award, late. The department asked for condonation for filing the application out of time.
In this regard, the judge said: “Should I refuse condonation, these employees will remain in the dark as to whether they are required to apply for leave and the litigation is bound to continue. This will also create uncertainty for future employees employed on the same basis.”
The 23 correctional service employees from the start maintained they did not believe they were obliged to apply for leave when they were to be absent from work on a public holiday or weekend as they worked fixed shifts from Monday to Friday.
They fell within the category of employees that work a 45-hour week, but they worked only from Mondays to Fridays. Part of their duties was to provide support services to the prison.
While they are obliged to take leave in terms of the department’s policy, they argued this was nonsensical as they are not able to work on Saturdays, Sundays and public holidays as the support work performed by them, to the managerial staff at the centre, cannot be performed on those days as the managers in question are not required to work on those days.
They argued it was grossly unreasonable and unfair to interpret the collective agreements and ancillary instruments to mean they have to apply for leave on days for which they cannot be rostered to work.
Judge Lancaster agreed it was objectively impossible for them to perform their intended functions on such days as the offices were closed. He said the department created its own conundrum when it implemented the position of centre-based support staff.
“It would be unreasonable to expect these employees to apply for leave on public holidays as the administration offices are closed on public holidays, Saturdays and Sundays,” he said.
Pretoria News