Media Release
11th February 2011
POPCRU took the Shift System in Department of Correctional Services to the
Labour Court
POPCRU made an urgent application to the Labour Court in Braamfontein, Gauteng
on a matter relating to the imposition of Shift System in Kwazulu-Natal and
other Provinces affecting centre-based Correctional Officials.
Our application tabled numerous arguments, amongst others;
* To declare all shift system implementation by officials in relation
to
centre-based Correctional Officials to be ultra-vires,
* To suspend all disciplinary proceedings and the other actions in
respect of
centre-based Correctional Officials, who failed and/or refused to comply with
the shift system implemented by lower ranking officials, pending resolution of
the matter in dispute,
* To compel the employer to determine the shift system for centre-based
officials after taking into consideration the institutions specific needs, in
respect of which a shift system is determined incompliance with Chapter 2 of
the
Basic Conditions of Employment Act,75 of 1997,in respect of centre-based
correctional officials earning less than R149 736 per Annum, and lastly
* To compel the employer to implement the shift system so determined
within a
reasonable period.
The GPSSBC agreed in 2009 to introduce a 7-Day establishment for Correctional
Facilities with effect from 01 July 2009 and the Department shall develop 7-Day
Establishment Models taking into consideration institutions specific needs, and
that was not considered by the Employer.
In terms of Correctional Services Regulation No 32 such prerogative lies with
the “Commissioner” and such matters must be in the Government Gazette and also
be published.
On the 15th November 2010 the labour court dismissed an application by the
department to compel correctional officials to comply with a shift system
introduced by the regional commissioner of KwaZulu Natal, in respect of Ncome
Medium A and B. And the situation escalated to other Correctional Centres such
as Newcastle, Nigel, Goodwood, Leeuwkop and Vryfheid.
The court found that the Regional Commissioner did not have authority to
determine working hours of correctional officials.
On the 23rd November 2010 the Court granted an Interim Interdict restraining
the
Department from continuing with the implementation. The Court found that the
shift system contravened the BCEA.
And POPCRU is awaiting with high curiosity the outcome of the matter.
Issued by:
Mampane Norman
National Spokesperson
POPCRU
Tel”0112424600/4615
Cell”0720737959
Email: [email protected]
01 Marie Road
AucklandPark
2006
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